A 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.
Disappointing result but this seems like something for the legislature to fix. Courts aren’t always the solution, sometimes you have to just fix the damn law.
Just like with the first amendment, it doesn’t apply to private companies. The point is to prevent the government from passing tyrannical laws, it was never meant to district the activity of private citizens.
The Fourth Amendment will affect police, but it won’t restrict a random person who is given access to something from turning over whatever data they want to police.
Say I hire a painter, and the painter is painting my house’s interior, and sees a bloody knife in my house. He can report that to the police. But, remove the painter from the picture, and the police could not enter to look for such a thing absent a warrant.
'course, the flip side of that is that if the police get a warrant, then they can enter whether I want them in the house or not, whereas the painter can only enter because I choose to let him in.
Not just police, any armed investigatory unit or state sponsored militia. The idea of a “police” force was pretty vague at the time, so the umbrella covers much more than it initially intended to.
You’re getting a bit off-track here. The scenario is this: the company that provides the software for your care collects data. This part is unconcerned with Amendment 4. Amendment 4 prohibits the State from collecting information and searching unreasonably. It does not prohibit the private company that provides the software from doing so. That is what privacy laws are intended to protect against, not Amendment 4.
Amendment 4 also does not prevent the company that collected that data from providing it to the police upon request. Amendment 4 (and the rest of the US Constitution) applies only to the State. Private companies and private individuals are not bound by it.
You’re willingly giving this data to the manufacturer, at which point they’re free to do with that data whatever they please, according to the terms of the agreement you sign, including giving that data to government authorities. The government isn’t unlawfully searching and seizing because they aren’t even forcing the manufacturer to give up the data, they are freely giving it as they are allowed.
This isn’t to say I’m defending the privacy violations or the government, but it is the case that this situation isn’t protected by the constitution, we have to and should make a specific law for it.
You are implying that any data gathered will be delivered to the government upon request (unsure if you are implying with or without a warrant). If you can show me from this article, or even this case, regarding this privacy case that that happened, then yes I agree with you and the fourth amendment applies.
But this issue is between private entities which generally precludes amendments from being applicable. Specifically, the plaintiffs alleged that the infotainment systems collected and stored personal data without consent and violated Washington’s Privacy Act.
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.
Disappointing result but this seems like something for the legislature to fix. Courts aren’t always the solution, sometimes you have to just fix the damn law.
But that would mean the politicians would have to actually work instead of photo ops and promises!!!
This is supposed to be covered by the fourthamendment but that’s been meaningless for over 20 years now
Just like with the first amendment, it doesn’t apply to private companies. The point is to prevent the government from passing tyrannical laws, it was never meant to district the activity of private citizens.
Very true.
Unfortunately corporations are becoming the government, without checks or constraints.
The “unlawful search and seizure” amendment? Why would that apply here?
Are you being serious? They release your data to the police if they ask
The Fourth Amendment will affect police, but it won’t restrict a random person who is given access to something from turning over whatever data they want to police.
Say I hire a painter, and the painter is painting my house’s interior, and sees a bloody knife in my house. He can report that to the police. But, remove the painter from the picture, and the police could not enter to look for such a thing absent a warrant.
'course, the flip side of that is that if the police get a warrant, then they can enter whether I want them in the house or not, whereas the painter can only enter because I choose to let him in.
That analogy is tired in the age of mass data collection without consent
I’m just telling you that that’s the way things legally are. You’re arguing about how you feel that they should be.
Not just police, any armed investigatory unit or state sponsored militia. The idea of a “police” force was pretty vague at the time, so the umbrella covers much more than it initially intended to.
Which makes no difference in the provided example.
I never said it did, just a relevant fun fact.
Is my car a random person? I thought it was an object that I own.
You’re getting a bit off-track here. The scenario is this: the company that provides the software for your care collects data. This part is unconcerned with Amendment 4. Amendment 4 prohibits the State from collecting information and searching unreasonably. It does not prohibit the private company that provides the software from doing so. That is what privacy laws are intended to protect against, not Amendment 4.
Amendment 4 also does not prevent the company that collected that data from providing it to the police upon request. Amendment 4 (and the rest of the US Constitution) applies only to the State. Private companies and private individuals are not bound by it.
Youll own nothing and like it
You’re willingly giving this data to the manufacturer, at which point they’re free to do with that data whatever they please, according to the terms of the agreement you sign, including giving that data to government authorities. The government isn’t unlawfully searching and seizing because they aren’t even forcing the manufacturer to give up the data, they are freely giving it as they are allowed.
This isn’t to say I’m defending the privacy violations or the government, but it is the case that this situation isn’t protected by the constitution, we have to and should make a specific law for it.
You are implying that any data gathered will be delivered to the government upon request (unsure if you are implying with or without a warrant). If you can show me from this article, or even this case, regarding this privacy case that that happened, then yes I agree with you and the fourth amendment applies.
But this issue is between private entities which generally precludes amendments from being applicable. Specifically, the plaintiffs alleged that the infotainment systems collected and stored personal data without consent and violated Washington’s Privacy Act.
I’m not implying anything