Tracking tech raises privacy concerns

As James Fitzgerald wheeled his tractor-trailer down Interstate 40 near the Nashville International Airport last summer, little did he know that a small black box aboard the truck might later help clear him of homicide charges.

His truck collided with a police car, killing an officer who had stopped to assist a disabled vehicle. Police alleged that Fitzgerald was travelling at least 80 mph at the time of the crash, and he was jailed on charges of vehicular homicide and aggravated assault.

But the 25-year-old trucker pleaded not guilty, and when his trial begins this summer, the black box will be his star witness. According to Fitzgerald's lawyer, Patrick McNally, data from the device shows that the truck was travelling at the legal limit of 70 mph.

"I think juries are much more inclined to rely upon electronic devices that measure speed than personal opinions of speed," McNally said in an interview with ZDNet UK sister site CNET News.com. "We live in an electronic age, and we've all learned to rely on electronic devices."

The case represents an unusual twist in the controversial use of digital information in cars. Although Fitzgerald views his truck's electronic data as a benefit, others say such technologies contribute to an increasingly Orwellian society where individuals' every move is monitored. Many are particularly galled by the notion of applying these technologies to the automobile on the open road, a symbol of American freedom that often represents a rite of passage from adolescence to adulthood.

The debate has intensified as manufacturers increasingly turn to high technology to differentiate their products in the hypercompetitive auto market. This tech trend has produced many features that have been credited with improving safety, including airbags, antilock brakes and stability control systems.

The annual death toll from car accidents in the US fell from 43,005 in 2002 to 42,643 in 2003, according to data from the National Highway Transportation Safety Administration, or NHTSA. Injuries from accidents also declined. The agency attributes the changes to more-crashworthy cars and increases in safety belt use.

Despite these operational benefits, however, critics see a dark side to the use of information about motorists derived from devices such as black boxes. Noting that many drivers are unaware that their actions are being recorded, they say rights to privacy could be violated in the absence of regulations governing how the data can be used and interpreted.

"If you were squealing your tires or not wearing your seat belt, they'll say, 'We're going to start sticking you with fines so that you won't do that anymore,'" said Eric Skrum, a spokesman for the National Motorists Association, a group that describes itself as dedicated to protecting the rights and interests of motorists.

Skrum's group, along with the Consumers Union and the Electronic Privacy Information Centre, are among those calling for the establishment of rules ensuring the protection of privacy in the use of black-box data. The Consumers Union and EPIC have raised their concerns in fillings to the National Highway Transportation Safety Administration.