Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

justaprogressive

(7,164 posts)
Thu Nov 9, 2023, 04:19 PM Nov 2023

It's perfectly legal for cars to harvest your texts, call logs

In response to five class-action lawsuits, a Washington appeals court has decided that Honda and several other automakers did nothing wrong by storing text messages and call records from connected smartphones.

Honda, Toyota, Volkswagen, and General Motors were all facing charges in separate but related class-action suits that all claimed they violated Washington state privacy laws. The cases were all dismissed in court earlier this year, and the US Court of Appeals for the 9th Circuit decided [PDF] this week they weren't going to reopen the cases to further litigation.

The Circuit judges hearing the case lumped all of them together because "the factual background and legal issues are virtually identical," and dismissed the appeal not because the automakers hadn't done anything wrong, but rather because the claims didn't meet the Washington Privacy Act's (WPA) statutory injury requirements.

"To succeed at the pleading stage of a WPA claim, a plaintiff must allege an injury to 'his or her business, his or her person, or his or her reputation,'" the judges ruled. "Contrary to Plaintiffs' argument, a bare violation of the WPA is insufficient to satisfy the statutory injury requirement."

In other words, it's A-OK for your car to "automatically and without authorization, instantaneously intercept, record, download, store, and [be] capable of transmitting" text messages and call logs since the privacy violation is potential, but the injury not necessarily actual.


Read More

14 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
It's perfectly legal for cars to harvest your texts, call logs (Original Post) justaprogressive Nov 2023 OP
Assume you have no privacy. Aussie105 Nov 2023 #1
This corporate shit is getting so creepy anymore Blues Heron Nov 2023 #2
buy some VPN software for your phone lapfog_1 Nov 2023 #3
Got a brand to rec? vanlassie Nov 2023 #4
I use NordVPN lapfog_1 Nov 2023 #6
Thanks vanlassie Nov 2023 #8
Please read my post #8. VPN doesn't help. EOM LauraInLA Nov 2023 #10
The problem is LauraInLA Nov 2023 #9
I think you missed the second point I made lapfog_1 Nov 2023 #13
Aha, I think this is the disconnect we're having! LauraInLA Nov 2023 #14
I never activated my OnStar account because of reasons MagickMuffin Nov 2023 #5
My old cars don't have the smarts to do that. hunter Nov 2023 #7
Translation: This law is meaningless. joshcryer Nov 2023 #11
FWIW 7 Steps To Remove Personal Vehicle Data (GM) dalton99a Nov 2023 #12

Aussie105

(8,180 posts)
1. Assume you have no privacy.
Thu Nov 9, 2023, 04:32 PM
Nov 2023

And don't make important phone calls from your car.

Anyone know a source of burner phones? My local drug dealer needs to know.

Next minute: a market for car smarts electronic upgrades collectively called 'Shut-up your car!' opens up.

lapfog_1

(31,980 posts)
3. buy some VPN software for your phone
Thu Nov 9, 2023, 04:40 PM
Nov 2023

make only internet calls and texts from the encrypted VPN connection using apps.

lapfog_1

(31,980 posts)
6. I use NordVPN
Thu Nov 9, 2023, 04:49 PM
Nov 2023

but there are many to choose from and I don't like to make recommendations because I haven't tried them all (or rather, I only picked one and use it so I haven't tried any for comparison)

LauraInLA

(2,248 posts)
9. The problem is
Thu Nov 9, 2023, 08:02 PM
Nov 2023

That the car is storing your call and text data — a VPN doesn’t prevent that. If the authorities take a look at your car’s data, it will still include texts and call logs.

The only way around it is to have an old car or not hook up your phone in your car via Bluetooth, USB, etc.

The caveat is that cars are required, the first time you connect your device, to ask your permission to store contacts, data, etc. You can refuse, which will then limit the functionality.

lapfog_1

(31,980 posts)
13. I think you missed the second point I made
Thu Nov 9, 2023, 11:47 PM
Nov 2023

you can connect your phone to the car and give it access to your contacts, etc.

But after that you connect your phone data connection (not cell ) using VPN. The VPN then encrypts the data going over your internet connection even that of the cars cell connection.

After that, do not use text or voice on your phone, use only apps like whatsapp that connect to an ISP someplace over the VPN.

The Car and therefore the car's vendor, cell provider, etc... only ever see encrypted traffic when you use the apps to place a phone call or send a text message. The car, the car's call home app, and the cell phone company never see what you are doing with the app. All they know is that you sent a stream of packets to NordVPN, including who you are talking to, messaging, or whatever.

Now, at the VPN end point (mine is set to SanFran NordVPM), the encrypted traffic is unencrypted and forwarded to whatsapp or whatever app (or google or whatever)... now there is a chance for intercept and track. But it would take a lot of work and court orders to get that data... and you certainly are just giving it to Tesla or someone.

The exception is the cell location of your phone / car. There isn't much you can do about that except not use your phone and deny the car company any tracking data. I don't anticipate committing any crimes so I don't care about that... and if I was I hope I would be smart enough to use a dumb device (bicycle/motorbike/etc) or rent a car using a fake identity.

LauraInLA

(2,248 posts)
14. Aha, I think this is the disconnect we're having!
Fri Nov 10, 2023, 01:06 AM
Nov 2023

The issue would be, that before the data gets to the VPN, it’s already connected to and is stored in your car. Using Signal or another encrypted messaging app will help, but it won’t completely solve the problem.

I’m sorry — I’m afraid I’m not explaining it well. I’ll ask my partner for more details — they’ve been working in this space for a couple of decades and are not pleased with this development.

MagickMuffin

(18,362 posts)
5. I never activated my OnStar account because of reasons
Thu Nov 9, 2023, 04:47 PM
Nov 2023


1. Maps: apparently OnStar is involved in helping you with your destination. I didn’t want them knowing that information, so google maps works just fine.

2. Using their phone service, while it was kinda cool to have the feature, it also is a distraction. I don’t like talking on the phone while driving.


hunter

(40,853 posts)
7. My old cars don't have the smarts to do that.
Thu Nov 9, 2023, 06:18 PM
Nov 2023

I'll be rather upset if I'm ever forced to buy a car that does.

Kick in to the DU tip jar?

This week we're running a special pop-up mini fund drive. From Monday through Friday we're going ad-free for all registered members, and we're asking you to kick in to the DU tip jar to support the site and keep us financially healthy.

As a bonus, making a contribution will allow you to leave kudos for another DU member, and at the end of the week we'll recognize the DUers who you think make this community great.

Tell me more...

Latest Discussions»General Discussion»It's perfectly legal for ...