From my previous comment, it looks like NHTSA is moving faster than I predicted. We’re now at step 1, with this Advance Notice of Proposed Rulemaking.

(edit: I jumped the gun, we’re still at step ‘0’ on my original list)

Most of this notice seems to be a report on why ‘impaired driving’ is bad. I see alcohol, cannabis, mobile phone use, drowsiness…etc.

Due to technology immaturity and a lack of testing protocols, drugged driving is not being considered in this advance notice of proposed rulemaking.

Makes sense.

There is no clear and consistent engineering or industry definition of ‘‘impairment.’’

Yep, another unclear request by Congress.

NHTSA believes that Congress did not intend to limit NHTSA’s efforts under BIL to alcohol impairment.

Okay, that’s fair.

Camera-based-systems, however, are increasingly feasible and common in vehicles.

Uh-oh…

The Safety Act also contains a ‘‘make inoperative’’ provision, which prohibits certain entities from knowingly modifying or deactivating any part of a device or element of design installed in or on a motor vehicle in compliance with an applicable FMVSS. Those entities include vehicle manufacturers, distributors, dealers, rental companies, and repair businesses. Notably, the make inoperative prohibition does not apply to individual vehicle owners. While NHTSA encourages individual vehicle owners not to degrade the safety of their vehicles or equipment by removing, modifying, or deactivating a safety system, the Safety Act does not prohibit them from doing so. This creates a potential source of issues for solutions that lack consumer acceptance, since individual owners would not be prohibited by Federal law from removing or modifying those systems (i.e., using defeat mechanisms).

Note that “make inoperative” does not apply to a “kill switch” in this case. NHTSA uses the term to mean “disabling required safety devices”. For example, as an individual vehicle owner, it’s perfectly legal for you to remove the seatbelts from your car, despite Federal requirements. But it’s illegal for the entities listed above to do it. (This example doesn’t extend to state regulations. It’s legal for you to remove your seatbelts, but may still be illegal to drive a car without them.)

There’s a short ‘discussion’ here regarding how to passively detect impaired driving, noting the difficulties of creating such a system. Followed by a note that basically says if they can’t do it within 10 years, NHTSA can give up and not do it, as stated in the Infrastructure law.

There’s a long section on how to detect various types of impairment, current methods of preventing impaired driving, etc. An interesting section about detecting blood-alcohol level using infrared sensors embedded in the steering wheel. Body posture sensors can be used to detect driver distraction.

This is followed by a brief overview of the technologies NHTSA is considering:

Camera-Based Driver Monitoring Sensors

Hands-On-Wheel Sensors

Lane Departure and Steering Sensors

Speed/Braking Sensors

Time-Based Sensors

Physiological Sensors

On page 850 (21 of the PDF), NHTSA asks for feedback to several questions. There are a few pages of relevant issues, so I won’t cover them here. If you wish, you can go here to leave a comment. Please don’t leave irrelevant garbage like “I oppose this on the grounds of my Constitutional rights…” While applicable in this situation, it’s irrelevant to NHTSA, and commenting like that will just waste everybody’s time. There’s a section on page 855 (26 of the PDF) about Privacy and Security.

That’s that. Let me know I can answer any of your questions. I’ll try to come back to this post throughout the day and see what’s happening. But, I do not work for NHTSA, so can’t remark on agency thought process.

  • brygphilomena@lemmy.worldEnglish
    19·
    1 year ago

    How do those terms of service affect passengers who aren’t given an opportunity to read and opt out?

    Besides just you, the driver, these things are collecting data on third parties and minors without consent. I can’t believe we allow these things.

    • TootSweet@lemmy.worldEnglish
      17·
      1 year ago

      Well, their privacy policy has all the deets. In section 1, “Scope”, it says:

      For the avoidance of doubt, for purposes of this Privacy Policy, “using” the Services includes being a Vehicle Occupant in a Connected Vehicle.

      In section 2, “Information We Collect”, it says:

      Identifiers - A real name, username or alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, vehicle information (such as model and year), vehicle identification number (VIN), vehicle telemetry data, or other similar identifiers.

      Other Personal Information subject to certain laws - A name, signature, Social Security number, address, telephone number, driver’s license or state identification card number. Some Personal Information included in this category may overlap with other categories.

      Commercial information - Records of personal property, products or services purchased, obtained, or considered.

      Internet or other similar network activity. - Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

      Geolocation data. - Physical location and movements, including from Connected Vehicle Services or Technology Services.

      Inferences drawn from other Personal Information. - Profile reflecting a person’s preferences, characteristics, predispositions, behavior, or attitudes.

      Recordings - Audio recordings of Vehicle Occupants. Audio recordings when you call our call centers or a Retailer.

      Payment information - Credit card information for optional Services, such as Subaru Starlink.

      You can opt out of Subaru Starlink, but all that does is turn off the benefits the owner of the vehicle would get. It doesn’t disable the collection of information and recordings and such. (If you never paid for Subaru Starlink, this would probably prevent them from having your payment information, I guess.)

      About your concern about kids, they have this to say:

      Subaru’s Service is intended for a general audience and not directed at children under (13) years of age.

      We do not knowingly gather Personal Information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If a person under 13 submits Personal Information through any part of a Subaru Service, and we learn the person submitting the Personal Information is a child, we will attempt to delete this Personal Information as soon as possible. If you are a parent or guardian and you believe we have collected Personal Information from your child in a manner not permitted by law, contact us as set out in the “Contact Us” Section below. We will remove the data to the extent required by applicable laws.

      So, basically, they’re going to collect until you call and tell them why it’s not legal. Until then, they’ll assume they’re not breaking any laws.

      There’s a whole lot more in the privacy policy, of course. And if you want more summarized info about the privacy policy, Mozilla’s page about the privacy of Subaru vehicles is a good resource.

      But then again, it’s entirely likely you don’t have a Subaru and don’t really care about Subaru specifically. If that’s the case, I highly recommend this page on Mozilla’s site where you can go to look more into most popular car brands’ privacy practices. Soiler alert: none of the 25 popular car brands they evaluated are much better than Subaru. And many are worse.

      Whatever the case, it’s pretty clear that whether they’re “allowed to” or not, they do it.

      And cars aren’t the only concern. Robot vacuum cleaners for instance are an issue. (Also, don’t believe a robot vacuum company when they say "this model doesn’t have a camera, it only has an “optical sensor.” If this interests you, see this talk.) And smart TVs. Just for instance.