Posted on 08/07/2006 9:52:36 AM PDT by GATOR NAVY
The car has become a snitch, capable of spilling the beans to police about motorists' driving behavior.
Police are tapping into the so-called "black boxes" in late-model vehicles to help solve traffic crimes. In South Hampton Roads, police now have the tools and software to tap into the hidden vehicle computers for information such as drivers' speed, direction of travel and seat belt usage.
"I think everyone pretty much has it," said Richard Jensen, a police officer with Norfolk's fatality team. "The technology has been around for quite some time. We have only gotten on board in the last year." click here
Chesapeake police are hoping a black box from a 1995 BMW will help their investigation into a car crash. A 17-year-old was charged with reckless driving after the July 7 fatal crash in the 1800 block of Millville Road.
The car ran off the road, hit a tree and flipped several times, police said. The BMW landed on top of another car, killing the BMW's 18-year-old passenger, William Perez, police said.
Witnesses told police the BMW was being driven erratically before the crash. Investigators sought a search warrant in July to download information from the car's computer.
"The vehicle has damage that is consistent with a high-speed impact," Officer Jeff Turley said in his search warrant affidavit. "The air bag control module stores evidence of a vehicle's speed, breaking percentage, etc., which will confirm all accounts that the vehicle was being operated in a reckless manner that resulted in a fatality."
Master Police Officer Scott Franklin, a member of the Virginia Beach Police Department crash team, used the technology Monday in a traffic court case. Virginia Beach has been using the technology for a couple of years, said Franklin, one of eight members of the city's crash team.
The box, known as a event data recorder (EDR), often can be found in a car's transmission tunnel or under the driver's seat. The small devices came about when automakers started putting air bags in vehicles. It was intended to monitor air bag performance.
"It stays asleep until the vehicle senses something bad is about to happen," Franklin said.
Some vehicles, such as Chevrolets, offer more information than others. The data have proved valuable, Franklin said.
"We download them right at the crash scene sometimes," he said. "It takes merely minutes, less than five minutes."
State Sen. John Watkins, R-Powhatan, likes the use of black boxes for police work but fears the spying eyes of others into the private data of car owners. He's the author of the state's first law regarding the boxes.
"It puts into statute, for the first time, who actually owns the data or establishes who owns the data that are collected in the black boxes and who has legal rights to it," Watkins said.
"If you are leasing a car, who owns the data? If you borrow your uncle's car, who owns the data? There are all sorts of scenarios that come into play there."
The law puts ownership of the data in the hands of the vehicle's owner, except when needed in a police investigation or mechanical repair.
Owners also can give consent to another party, such as an insurance company.
There were fears that insurance companies could demand a car's data to determine approval and policy rates.
Under the new laws drafted by Watkins, insurance companies are prohibited from declining to renew policies solely because a car owner would not provide access to the black box. The laws also prohibit insurers from taking steps affecting rates and coverage if a car owner would not allow access to a car's black box.
"I saw it as a consumer protection piece of legislation," Watkins said. "The bill also requires, beginning with the 2008 models, that there be some declaration or notice provided by the automobile makers that there is a black box in the car."
As with any new pool of personal data, there will be businesses, individuals and government agencies looking to tap into it.
"Big Brother is watching you," Watkins joked.
Staff writer Dave Forster contributed to this report.
# Reach John Hopkins at (757) 222-5221 or john.hopkins@pilotonline.com.
Won't be long until a hack is provided on the web to disable this data collection. A police investigation could be anything, certainly something less than a crash. This data collection is intrusive.
This is going to effect more people than wire taps - where's the ACLU?
If someone points out that it is possible that this could be used against cars owned by minorities or illegal immigrants, that's the ACLU jump-in point.
I'm kind of okay with this as long as they need a warrant. But (I've written this before) a small, cheap device with an impact sensor plugged into the ODBCII port could erase the relevant data in case you get into an accident. OTOH, sometimes, as was the case of a friend of mine, what's in the car's computer can exonerate you too.
ACLU? This probably started during the reign of an "approved" president.
BTW they sell modules that can tap and read your black box, at car parts stores. I rememeber them as being somewhat pricey, though.
People greatly concerned about privacy should, until we can change things, become antique car buffs.
They'll also jump in if the car is owned by an atheist or a terrorist;)
You can bet your bottom dollar that it will soon be a crime to tamper with the data collection device (if it's not already) - perhaps akin to disabling the anti-pollution equipment on your car - except worse in that you will stand accused of obstructing justice etc. etc. The only real avenue to avoid this is to drive an old car.
Exactly.
Of course, car manufacturers started doing this because so many idiots thought it'd be a good idea to play lawsuit lotto when they crashed their cars and sued them. Now we have cars with data recorders.
FYI, most cars with this tech will NOT allow you to erase the catastrophic event logs through the OBD-II port.
Well I myself would be happier to have the data available. We were rear-ended while we were stopped in a left-turn lane. The driver who hit us claimed the light was green AND we pulled in front of her at the last second. We had a bunch of photos that showed that that was impossible. A black box will save the not-at-fault driver in the same way.
I wonder if they have started to use EZPass entry-exit data on metered toll roads to determine speeds between the points. That's what'll eventually take me down...
Investigators sought a search warrant in July to download information from the car's computer.
But then later, there's this:
"We download them right at the crash scene sometimes," he said. "It takes merely minutes, less than five minutes."
So which is it? Do they need a warrant or not?
Except that most cars won't store that information - for example, on some cars, it's held in flash memory that is cleared when the car restarts unless the airbags deploy or the airbag sensors detect an impact event (not large enough to pop the airbags). In that case, the flash memory is locked with however much data (usually the preceeding 30 seconds of operation) is in it.
In the latter case, they probably asked. You know, just like how the police need a warrant to search your car unless you're stupid enough to give permission.
New Jersey has already done this.
Oh great......
It's Bush's fault.
Can you just disconnect the thing so it's not in use at all?
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