Will your car rat you out?

The downside: It can be used against you

James Turner signed on the dotted line for a navigation device in his rental car and, the next month, got quite a surprise: a $450 bill for speeding.

The fine, which Acme Rent-a-Car deducted from his bank account, came courtesy of the GPS device's ability to calculate the car's location and speed. Turner had not been ticketed by police.

Turner fought in court and won. But what's interesting is why: The court ruled only that he had not been adequately informed of the consequences of Acme's policy. It did not condemn the technology or its use.

"That's important," said Neil Abrams, the president of Abrams Consulting Group. "The court didn't find wrongdoing. It was not that it was violating the renter's rights."

Envisioning the technology backfiring doesn't take much imagination, especially without much case law to offer reassurance.

What, for example, if you don't want to be found? Oberman recalled a man in a minor one-car accident who, when OnStar responded, declined assistance. Nonetheless, an OnStar worker called police, who showed up and arrested the man for drunken driving.

"I am not in favor of drunk driving, nor is any other criminal-defense lawyer," Oberman said. "But we have to balance our rights of privacy against being overseen by Big Brother."

Or what if the device breaks? One ex-offender, who was sober, ended up calling police for a ride when his ignition interlock device malfunctioned. Devices that read toll transponders have charged the wrong cars, as have red-light-enforcement units.

Will your car rat you out?

A more grave concern, say privacy experts, is the possibility that information -- easier and easier to store -- is later used for purposes outside the owner's original intent.

"We're beginning to leave traces of ourselves in multiple places that will exist for a long time, because memory is cheap," said Jim White, a privacy lawyer.

Any information collected and stored can potentially be used by marketers and is subject to government subpoena.

"The question is, for individuals, is it reasonable for anyone to know where you are at any time? And to know how fast you're going?" Alexander said.

Jeff Tomlinson, a sales manager for Rocky Mountain Tracking, used his GPS data to show a traffic-court judge that he was going 48 mph in a 45-mph zone, not the 61 mph that a new police officer's radar device contended.

"I said, 'If hadn't had that GPS, would I have gotten the ticket?' And she said, 'Yes, it's always his word against yours,'" Tomlinson said.

This might seem like a benefit until one considers that such data could now be fair game for prosecutors as well, said Alexander, who also writes for Telematics Journal.

After a highly publicized case of a California teen pitting his GPS device against a radar gun's speeding ticket -- due for a court hearing in the spring -- Alexander got to thinking: If the court rules for the teen, what's to stop prosecutors from routinely requesting GPS data in an attempt to uncover criminal behavior? And what else might they find?

According to Moore's Law, technological capacity doubles every two years.

"There are some great ideas for applications, but nobody's sure where the entire thing is going to end up," Alexander said.

Will drivers get tickets in the mail because their cars report they were drowsy or not wearing seat belts? Will people be contacted if their movements mimic those of someone under anti-terrorism surveillance? Could authorities disable someone's car from afar?

"I am very concerned about the civil liberties that we give up," Oberman said. "People don't recognize or appear to be concerned about the liberties they're losing until it affects them personally."

If you're concerned about your privacy

Read those privacy statements that companies send, then act:

• Consider what information you're providing. "People need to stop and think of it as a significant transaction," White said. "These are all exchanges of personal information."

• Choose devices with fewer capabilities. Some might provide navigation without storing data.

• Select opt-out clauses that prevent your information from being sold or used. You might have to mail a letter. "The default in this country is that people basically give up their personal information until they tell someone they don't want to," White said. "It's just generally a good idea to opt out."

• Know your rights. Federal law protects consumer information. Details are available from the Federal Trade Commission.

• Pay attention. If you have opted out but think the information has been used anyway, file a complaint with the FTC or contact your state's attorney general's office.

Published Feb. 8, 2008

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