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Vehicle monitoring software could soon use ‘kill switch’ under the guise of ‘safety’

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From LifeSiteNews

By Caryn Lipson

Ambiguity surrounds the definitions of ‘impairment’ and the consequent privacy implications of such technology, raising fears of government overreach and erosion of rights.

In the name of safety, the government has taken steps that critics say have denied citizens what used to be considered inalienable constitutional rights.

Citizens are concerned that their right to freedom of speech under the First Amendment is being denied, ostensibly, to keep citizens safe from “harmful misinformation,” and fear that the Second Amendment right to bear arms is being infringed upon to combat gun violence. Watchdogs further contend that citizens are being denied the Fifth Amendment’s protection against self-incrimination and the Sixth Amendment’s right to face one’s accuser when technology is used to gather evidence.

READ: Vietnam’s new biometric ID cards raise fears of privacy violations, data breaches

The fear now is that increased use of technology will soon mean an even greater loss of privacy and further erosion of the Fifth and Sixth Amendments, due to certain provisions in Joe Biden’s infrastructure bill which will soon become mandatory. Under the guise of keeping citizens safe by preventing drunk driving, it may amount to ceding the freedom to travel to government control.

H.R.3684 – Infrastructure Investment and Jobs Act

The infrastructure bill, HR. 3684, passed by both chambers of Congress and signed by Biden on November 15, 2021, includes a provision for several vehicle monitoring technologies to be installed in cars, which have recently or will soon be required in new vehicles, including technology to determine if a driver is drunk or impaired.

The Center for Automotive Research’s Eric Paul Dennis reviewed the bill and summarized “key sections.” Dennis, a senior transportation systems analyst, reviewed the section on “Drunk and Impaired Driving Prevention Technology” (HR 3684 Section 24220) and explained that Congress gave the NHTSA (National Highway Traffic Safety Administration) the role of determining exactly what this section means and how it will be implemented:

This provision directs NHTSA to issue a rule to require ‘advanced drunk and impaired driving prevention technology’ in new light vehicles.

  • Congress tasked NHTSA with interpreting this law, including establishing the statutory meaning of ‘impaired.’
  • The legislation directs NHTSA to adopt a new safety mandate by 15 November 2024 and begin enforcing it by September 2027 (at the latest) if this is feasible. [Emphases added.]

Impaired driving not defined

Others, such as Michael Satterfield, writing as The Gentleman Racer®, were more detailed in their review of the legislation. Satterfield poured through the 1,039-page infrastructure bill. He agreed that good roads, bridges, and safety are important to automotive enthusiasts, but wrote that he uncovered some concerning legislation “buried deep within HR.3684.” The legislation calls not only for changes in crash testing and advanced pedestrian crash standards but also for a “kill switch” to be standard for all new vehicles by 2026.

Satterfield explained that all new vehicles will be required to have passive monitoring systems for the driver’s behavior and an algorithm will determine if the driver is too impaired to operate the vehicle. If the algorithm decides that the driver is too impaired to operate the car, the program will have some means of taking control of the vehicle. But what constitutes impairment and what the program will actually do was not explained by the legislation, as Satterfield noted:

What is not outlined in the bill is what constitutes impairment, outside of the blood alcohol standard, how does the software determine the difference between being tired and being impaired? Passive blood alcohol testing won’t detect impairment from prescription painkillers or other narcotics.

The bill also doesn’t outline what happens when a vehicle detects a driver may be impaired other than that the system must ‘prevent or limit motor vehicle operation if an impairment is detected’ which is all well and good in a bar’s parking lot. But what will this system do if an ‘impairment is detected’ while traveling at 75 mph on the highway? [Emphasis added.]

Accused by your own car’s surveillance system

He also expressed concern that most drivers will not be aware of the new technology until it affects them in some way:

Perhaps the most disturbing aspect of the legislation is the lack of detail. The main concerns expressed by many, including former U.S. Rep. Bob Barr, come down to privacy. Who will have access to the data? How long will it be stored? Will this capability be exploitable by third-party or government agencies to shut down vehicles outside of the function of preventing impaired driving?

Privacy concerns and the 5th Amendment’s right to not self-incriminate, and the 6th Amendment’s right to face one’s accuser, have already been used to challenge data collection from license plate readers and redlight cameras. Automakers have little choice but to comply with new federal mandates and the majority of consumers will likely be unaware of this new technology until it impacts them in some way. [Emphasis added.]

Freedom or control?

John Stossel recently interviewed former vintage race car driver Lauren Fix about what she believes are the implications of the soon-to-be-implemented impaired driving technology, as reported on FrontPage Magazine.

READ: High-tech cars are secretly spying on drivers, resulting in insurance rejections: NYT report

Fix pointed out that the algorithm cannot determine what exactly is happening in the car and with the driver and asks Stossel how much control over his life he is willing to give up:

Are you willing to give up every bit of control of your life? Once you give that up, you have no more freedom. This computer decides you can’t drive your vehicle. Great. Unless someone’s having a heart attack and trying to get to the hospital.

California, Fix pointed out, already requires vehicle software to limit excess speed to 10 miles over the limit, legislation about which Frontline News reported.

Fix also revealed to Stossel that some companies already collect and sell driver data and proceeded to outline further abuses that could occur as a result of computer surveillance technology, such as charging for mileage or monitoring your “carbon footprint” and deciding that you maxed out on your monthly carbon credits so you can’t drive anymore until the following month. Or perhaps the car won’t start because the software determines you may be on your way to purchase a firearm.

What about hackers?

Can hackers access a vehicle’s software and take control of someone’s car? This possibility is another worrying aspect of the infrastructure bill, which Frontline News will discuss in an upcoming report.

Reprinted with permission from America’s Frontline News.

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Automotive

America’s EV Industry Must Now Compete On A Level Playing Field

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From the Daily Caller News Foundation

By David Blackmon

America’s carmakers face an uncertain future in the wake of President Donald Trump’s signing of the One Big Beautiful Bill Act (OBBBA) into law on July 4.

The new law ends the $7,500 credit for new electric vehicles ($4,000 for used units) which was enacted as part of the 2022 Inflation Reduction Act as of September 30, seven years earlier than originally planned.

The promise of that big credit lasting for a full decade did not just improve finances for Tesla and other pure-play EV companies: It also served as a major motivator for integrated carmakers like Ford, GM, and Stellantis to invest billions of dollars in capital into new, EV-specific plants, equipment, and supply chains, and expand their EV model offerings. But now, with the big subsidy about to expire, the question becomes whether the U.S. EV business can survive in an unsubsidized market? Carmakers across the EV spectrum are about to find out, and the outlook for most will not be rosy.

These carmakers will be entering into a brave new world in which the market for their cars had already turned somewhat sour even with the subsidies in place. Sales of EVs stalled during the fourth quarter of 2024 and then collapsed by more than 18% from December to January. Tesla, already negatively impacted by founder and CEO Elon Musk’s increased political activities in addition to the stagnant market, decided to slash prices in an attempt to maintain sales momentum, forcing its competitors to follow suit.

But the record number of EV-specific incentives now being offered by U.S. dealers has done little to halt the drop in sales, as the Wall Street Journal reports that the most recent data shows EV sales falling in each of the three months from April through June. Ford said its own sales had fallen by more than 30% across those three months, with Hyundai and Kia also reporting big drops. GM was the big winner in the second quarter, overtaking Ford and moving into 2nd place behind Tesla in total sales. But its ability to continue such growth absent the big subsidy edge over traditional ICE cars now falls into doubt.

The removal of the per-unit subsidies also calls into question whether the buildout of new public charging infrastructure, which has accelerated dramatically in the past three years, will continue as the market moves into a time of uncertainty. Recognizing that consumer concern, Ford, Hyundai, BMW and others included free home charging kits as part of their current suites of incentives. But of course, that only works if the buyer owns a home with a garage and is willing to pay the higher cost of insurance that now often comes with parking an EV inside.

Decisions, decisions.

As the year dawned, few really expected the narrow Republican congressional majorities would show the political will and unity to move so aggressively to cancel the big IRA EV subsidies. But, as awareness rose in Congress about the true magnitude of the budgetary cost of those provisions over the next 10 years, the benefit of getting rid of them ultimately subsumed concerns about the possible political cost of doing so.

So now, here we are, with an EV industry that seems largely unprepared to survive in a market with a levelized playing field. Even Tesla, which remains far and away the leader in total EV sales despite its recent struggles, seems caught more than a little off-guard despite Musk’s having been heavily involved in the early months of the second Trump presidency.

Musk’s response to his disapproval of the OBBBA was to announce the creation of a third political party he dubbed the American Party. It seems doubtful this new vanity project was the response to a looming challenge that members of Tesla’s board of directors would have preferred. But it does seem appropriately emblematic of an industry that is undeniably limping into uncharted territory with no clear plan for how to escape from existential danger.

We do live in interesting times.

David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.

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Automotive

Federal government should swiftly axe foolish EV mandate

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From the Fraser Institute

By Kenneth P. Green

Two recent events exemplify the fundamental irrationality that is Canada’s electric vehicle (EV) policy.

First, the Carney government re-committed to Justin Trudeau’s EV transition mandate that by 2035 all (that’s 100 per cent) of new car sales in Canada consist of “zero emission vehicles” including battery EVs, plug-in hybrid EVs and fuel-cell powered vehicles (which are virtually non-existent in today’s market). This policy has been a foolish idea since inception. The mass of car-buyers in Canada showed little desire to buy them in 2022, when the government announced the plan, and they still don’t want them.

Second, President Trump’s “Big Beautiful” budget bill has slashed taxpayer subsidies for buying new and used EVs, ended federal support for EV charging stations, and limited the ability of states to use fuel standards to force EVs onto the sales lot. Of course, Canada should not craft policy to simply match U.S. policy, but in light of policy changes south of the border Canadian policymakers would be wise to give their own EV policies a rethink.

And in this case, a rethink—that is, scrapping Ottawa’s mandate—would only benefit most Canadians. Indeed, most Canadians disapprove of the mandate; most do not want to buy EVs; most can’t afford to buy EVs (which are more expensive than traditional internal combustion vehicles and more expensive to insure and repair); and if they do manage to swing the cost of an EV, most will likely find it difficult to find public charging stations.

Also, consider this. Globally, the mining sector likely lacks the ability to keep up with the supply of metals needed to produce EVs and satisfy government mandates like we have in Canada, potentially further driving up production costs and ultimately sticker prices.

Finally, if you’re worried about losing the climate and environmental benefits of an EV transition, you should, well, not worry that much. The benefits of vehicle electrification for climate/environmental risk reduction have been oversold. In some circumstances EVs can help reduce GHG emissions—in others, they can make them worse. It depends on the fuel used to generate electricity used to charge them. And EVs have environmental negatives of their own—their fancy tires cause a lot of fine particulate pollution, one of the more harmful types of air pollution that can affect our health. And when they burst into flames (which they do with disturbing regularity) they spew toxic metals and plastics into the air with abandon.

So, to sum up in point form. Prime Minister Carney’s government has re-upped its commitment to the Trudeau-era 2035 EV mandate even while Canadians have shown for years that most don’t want to buy them. EVs don’t provide meaningful environmental benefits. They represent the worst of public policy (picking winning or losing technologies in mass markets). They are unjust (tax-robbing people who can’t afford them to subsidize those who can). And taxpayer-funded “investments” in EVs and EV-battery technology will likely be wasted in light of the diminishing U.S. market for Canadian EV tech.

If ever there was a policy so justifiably axed on its failed merits, it’s Ottawa’s EV mandate. Hopefully, the pragmatists we’ve heard much about since Carney’s election victory will acknowledge EV reality.

Kenneth P. Green

Senior Fellow, Fraser Institute
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