Posted on 11/09/2023 7:19:59 PM PST by george76
A 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.
That seems awfully nosy! The Millennials probably have no problem with it. For many of them, the term privacy has no meaning.
appeal from the Western District of Washington - David G. Estudillo, District Judge, Presiding
Argued and Submitted September 14, 2023 Seattle, Washington
Before: HAWKINS, R. NELSON, and COLLINS, Ninth Circuit Judges.
David G. Estudillo is a Biden stooge.
>> the interception and recording of mobile phone activity
not a form of wire tapping?
Welp, there goes hands-free/Bluetooth while driving.
I’m guessing that this case will end up with the Supremes.
My 2009 Mercury doesn’t have that feature, so I’m safe.
Never trusted it won’t use it
Evidence if a driver was texting in the event of a vehicle crash, in case the cell phone data was not recoverable due to damage.
Expect that this was a DOT mandate.
Well, there goes hands free comms while driving.
Find a older low tech vehicle and build a Faraday box if you’re concerned.
CC
I never use the built-in computer with my phone.
I have a data plan, for a reason, and it is not to feed my private stuff to my car to record and sell to others!
Just put your phone in a holder and use it that way.
**My 2009 Mercury doesn’t have that feature, so I’m safe.**
4 vehicles here
07
04
01
90 (the hoss, seats 6, 4x4, 8’ bed, 5th wheel and bumper hitches.)
I remember when cars were just transportation to go somewhere.
A free people need a secure way to communicate without ANYONE ever being able to decrypt the data...
A small, personal crypto device is the only simple way to send secure data over an inherently insecure network that is accessed by phones and computers that are also compromised.
A snooper would be left with nothing but traffic analysis, it’s a shame there is no easy way to hide that as well as the content..
Turning off the blue tooth. First, they force us to go hands-free, then they say okay for those calls to be snooped on? The intrusions are getting worse!
I stopped using it a couple of years ago. I rarely receive phone calls, and text messages can wait until I stop the vehicle. One less thing (Bluetooth being on 24/7) to drain the smartphone’s battery.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.