Court Rules Automakers Can Record and Intercept Owner Text Messages
The Record | November 8th, 2023 | Suzanne SmalleyA federal judge on Tuesday refused to bring back a class action lawsuit alleging four auto manufacturers had violated Washington state’s privacy laws by using vehicles’ on-board infotainment systems to record and intercept customers’ private text messages and mobile phone call logs.
The Seattle-based appellate judge ruled that the practice does not meet the threshold for an illegal privacy violation under state law, handing a big win to automakers Honda, Toyota, Volkswagen and General Motors, which are defendants in five related class action suits focused on the issue. One of those cases, against Ford, had been dismissed on appeal previously.
The plaintiffs in the four live cases had appealed a prior judge’s dismissal. But the appellate judge ruled Tuesday that the interception and recording of mobile phone activity did not meet the Washington Privacy Act’s standard that a plaintiff must prove that “his or her business, his or her person, or his or her reputation” has been threatened.
In an example of the issues at stake, plaintiffs in one of the five cases filed suit against Honda in 2021, arguing that beginning in at least 2014 infotainment systems in the company’s vehicles began downloading and storing a copy of all text messages on smartphones when they were connected to the system.
An Annapolis, Maryland-based company, Berla Corporation, provides the technology to some car manufacturers but does not offer it to the general public, the lawsuit said. Once messages are downloaded, Berla’s software makes it impossible for vehicle owners to access their communications and call logs but does provide law enforcement with access, the lawsuit said.
Many car manufacturers are selling car owners’ data to advertisers as a revenue boosting tactic, according to earlier reporting by Recorded Future News. Automakers are exponentially increasing the number of sensors they place in their cars every year with little regulation of the practice.
I notice the headline has the acronym “CracRiot M“.
I’m not sure what to do with this information.
They can even tell when someone like me goes to IMAO to check for comments or comments on a comment or no comment just shadow dancing.
Shouldn’t be too hard to make a phone case sized wireless gateway device that secures your phone into a LAN so that you have better control of access to local resources.
Of course the judges from Washington State ruled that big brother can do whatever the fluff he likes. Their only concern is that you don’t call him “him”, or “brother”, as those terms are both LGBTQ-phobic, sexist, and racist.
Don’t use your phone in your car, through your car or with your car within shouting distance.