Posted on Dec 19, 2023
An abused wife took on Tesla over tracking tech. She lost.
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In its successful defense against the woman’s lawsuit, Tesla cited the husband’s denials and said she had “no proof other than her “belief and imagination” that her husband used the car’s technology to stalk her.
An abused wife took on Tesla over tracking tech. She lost.
Posted from cnbc.com
Tesla Motors
Crime
Domestic Violence
Posted 4 mo ago
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LTC Eugene Chu
..."The SUV allows owners to remotely access its location and control other features through a smartphone app. She told police she had discovered a metal baseball bat in the back seat — the same bat the husband had previously used to threaten her, the police report stated.
Weeks later, Sergeant Radford asked Tesla for data that might help the investigation. A Tesla service manager replied that remote-access logs were only available within seven days of the events recorded, according to records in a lawsuit the woman later filed. Radford’s investigation stalled.
Cases of technology-enabled stalking involving cars are emerging as automakers add ever-more-sophisticated features, such as location tracking and remote control of functions such as locking doors or honking the horn, according to interviews with divorce lawyers, private investigators and anti-domestic-violence advocates. Such abusive behavior using other devices, such as phone spyware or tracking devices, has long been a concern, prompting technology companies including Google and Apple to design safeguards into their products.
Reuters examined the details of the San Francisco case and another one involving alleged stalking through Tesla technology but could not quantify the scope of such abuse. Tesla has encountered at least one other case of stalking through its vehicle app, according to a Tesla employee’s testimony in the San Francisco woman’s lawsuit. Some attorneys, private investigators and anti-abuse advocates said in interviews that they knew of similar cases but declined to provide details, citing privacy and security concerns.
Tesla did not respond to requests for comment. Radford and the San Francisco Police Department did not comment on the investigation.
The San Francisco case offers insight into the complex considerations these technologies pose for auto companies and law enforcement. Other automakers offer similar tracking and remote-access features, and an industry group has acknowledged the need for protections to ensure car technology doesn’t become a tool for abuse.
The Alliance for Automotive Innovation (AAI), a technology-focused trade group for automakers and suppliers, in 2021 cited spousal violence as a reason why California regulators should not require carmakers to release location or other personal data in most cases under a new state privacy law. The law sought to give consumers broadly the right to access their personal data being tracked by companies. The auto group argued some car owners might improperly request personal data on other drivers of the same vehicle.
Disclosing location-tracking data to an abuser could create “the potential for significant harm,” wrote the AAI. The group’s membership includes many major automakers, but not Tesla."...
..."The SUV allows owners to remotely access its location and control other features through a smartphone app. She told police she had discovered a metal baseball bat in the back seat — the same bat the husband had previously used to threaten her, the police report stated.
Weeks later, Sergeant Radford asked Tesla for data that might help the investigation. A Tesla service manager replied that remote-access logs were only available within seven days of the events recorded, according to records in a lawsuit the woman later filed. Radford’s investigation stalled.
Cases of technology-enabled stalking involving cars are emerging as automakers add ever-more-sophisticated features, such as location tracking and remote control of functions such as locking doors or honking the horn, according to interviews with divorce lawyers, private investigators and anti-domestic-violence advocates. Such abusive behavior using other devices, such as phone spyware or tracking devices, has long been a concern, prompting technology companies including Google and Apple to design safeguards into their products.
Reuters examined the details of the San Francisco case and another one involving alleged stalking through Tesla technology but could not quantify the scope of such abuse. Tesla has encountered at least one other case of stalking through its vehicle app, according to a Tesla employee’s testimony in the San Francisco woman’s lawsuit. Some attorneys, private investigators and anti-abuse advocates said in interviews that they knew of similar cases but declined to provide details, citing privacy and security concerns.
Tesla did not respond to requests for comment. Radford and the San Francisco Police Department did not comment on the investigation.
The San Francisco case offers insight into the complex considerations these technologies pose for auto companies and law enforcement. Other automakers offer similar tracking and remote-access features, and an industry group has acknowledged the need for protections to ensure car technology doesn’t become a tool for abuse.
The Alliance for Automotive Innovation (AAI), a technology-focused trade group for automakers and suppliers, in 2021 cited spousal violence as a reason why California regulators should not require carmakers to release location or other personal data in most cases under a new state privacy law. The law sought to give consumers broadly the right to access their personal data being tracked by companies. The auto group argued some car owners might improperly request personal data on other drivers of the same vehicle.
Disclosing location-tracking data to an abuser could create “the potential for significant harm,” wrote the AAI. The group’s membership includes many major automakers, but not Tesla."...
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Technology is a double edged sword. What is intended for good can be repurposed for nefarious purposes. It's not Tesla's fault that Tesla's tech was used for other than its intended purpose.
The problem isn't the car tech but the laws which got in the way. Husband's name was on the title. She had no proof he was stalking her. He was denying it (probably lying, but people lie in court all the time and get away with it -- most unfortunately. Tesla's hands were tied. The court did not order him to shut down the husband's access. Had they done so, they could have opened themselves up to a countersuit from the husband. Common sense has no place in our legal system, and that too is a travesty of justice. What's legal isn't necessarily what's just, fair, or right. Calling it a justice system really is a misnomer. It's a legal system, not a justice system.
The problem isn't the car tech but the laws which got in the way. Husband's name was on the title. She had no proof he was stalking her. He was denying it (probably lying, but people lie in court all the time and get away with it -- most unfortunately. Tesla's hands were tied. The court did not order him to shut down the husband's access. Had they done so, they could have opened themselves up to a countersuit from the husband. Common sense has no place in our legal system, and that too is a travesty of justice. What's legal isn't necessarily what's just, fair, or right. Calling it a justice system really is a misnomer. It's a legal system, not a justice system.
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