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Tesla’s camera-based driver monitoring system triggers legal complaint in Illinois

Tesla's Cabin-facing camera is used to monitor driver attentiveness. (Credit: Andy Slye/YouTube)

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Tesla has implemented a number of safety improvements for its Autopilot and Full Self-Driving suites over the years, and this includes updates to its driver monitoring systems (DMS). Last year, Tesla activated its camera-based driver monitoring system in Model 3 and Model Y vehicles, allowing the company to provide an extra layer of checks to determine if drivers were paying attention to the road while using Autopilot and FSD features. The function was later rolled out to the refreshed Model S and Model X as well. 

While a camera-based DMS has evident advantages, a class action complaint has been proposed against Tesla in Illinois, with the Plaintiff claiming that the company’s in-cabin driver monitoring system violates the state’s Biometric Information Privacy Act (BIPA). The complaint was filed in an Illinois Circuit Court on March 11, 2022. 

In the complaint’s introduction, the Plaintiff described how Tesla benefits from the data it collects from its fleet of vehicles. Following is a relevant section from the document. 

“In an effort to facilitate its Autopilot features and help market its self-driving capability to boost sales, Defendant collects individuals’ biometrics in the form of their facial geometry so that it can verify and make sure that individuals are paying attention to the road while using its Autopilot advanced driver assistance system (“Autopilot”) and its premium Full Self Driving system (“FSD”). 

“This is achieved through Tesla’s in-cabin camera located by the rearview mirror which extracts drivers’ biometric facial geometry that Defendant’s Autopilot uses to track their head positions and eye gazes to detect a driver’s inattentiveness. If the driver is inattentive, then the Autopilot function is disengaged and the driver must take over the steering function.”

Inasmuch as data from the in-cabin camera is being used for driver monitoring, the Plaintiff alleged that Tesla’s practices violate Illinois citizens’ statutorily protected privacy rights. This was discussed in the following section of the complaint. 

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“Facial geometry is a unique and permanent biometric identifier associated with each individual. The unauthorized handling of such sensitive information exposes consumers to serious and irreversible privacy risks. If for example, a database containing scans of face geometry or other sensitive biometric data is hacked, breached, or otherwise exposed, consumers cannot simply change their biometric identifiers like they could reset a password or cancel a credit card.

“Notwithstanding the clear and unequivocal requirements of the law, Defendant disregards Illinois citizens’ statutorily protected privacy rights and unlawfully collects, stores, and uses individuals’ biometrics without first obtaining those individuals’ informed written consent and without having any publicly available data retention policy that could inform them about the whereabouts of the facial biometric data Defendant gatherer as required by BIPA.”

Interestingly enough, the Plaintiff included an anecdote of Tesla’s camera-based DMS in action. Based on the incident outlined in the complaint, it appears that the Plaintiff was warned by his vehicle to keep his hands on the wheel. This is a critical safety check, especially as Tesla rolls out more advanced features of its Autopilot and FSD suite. 

“In or about December 2021, Plaintiff was driving one of Defendant’s Model 3 cars in Illinois with Defendant’s Autopilot feature function engaged. Using its proprietary facial recognition technology, Defendant collected, stored, and analyzed Plaintiff’s facial geometry in order to be able to track his head and eye movements and make sure that he was attentive. Plaintiff experienced Defendant’s biometrically enabled technology first-hand as it continuously informed Plaintiff to put his hands back on the wheel whenever it detected him looking away from the road.”

The class action complaint seeks to collect statutory damages of $5,000 for every time Tesla willfully or recklessly violated Illinois’ Biometric Information Privacy Act. It also seeks to collect statutory damages of $1,000 for each negligent violation of the state’s BIPA. Tesla’s legal team, for its part, is yet to issue a response to the complaint. 

Below is the class action complaint against Tesla’s camera-based driver monitoring system (as shared by Bloomberg Law). 

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Tesla Cabin Camera Lawsuit by Simon Alvarez on Scribd

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Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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SpaceX reports its second earnings today: here’s what to expect

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Credit: SpaceX

SpaceX (NASDAQ: SPCX) will report its second public earnings call today since its IPO earlier this year, and there are a few things we expect to hear about, as well as Wall Street analysts, who have already outlined their expectations for the call.

Wall Street analysts have a consensus of $12.72 billion in revenue and an earnings per share (EPS) of $0.13. These are broken down into three sectors: Space, Connectivity, and AI/SI, which are perceived in this way:

  • Space: $1.41 billion
  • Connectivity: $4.84 billion
  • AI/SI: $6.47 billion

Other outlets cluster near $12.8 or $12.9 billion in revenue and $0.14 – $0.15 EPS. This implies a roughly 65 percent sequential growth from Q2’s $7.81 billion, driven mostly by AI/SI, with the first post-IPO positive EPS expected.

SpaceX just launched its secret Starfall saucer again

Here are the three things to watch for on the call:

AI Revenue Ramp and the $100B+ ARR target

AI is truly the swing factor for SpaceX, and analysts expect it to roughly double from Q2’s $2.56 billion and become about half of total revenue. Management previously guided to a $100 billion+ annualized run rate by December, including the Cursor acquisition, which was $60 billion, to close the quarter.

SpaceX makes first acquisition post-IPO

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Listen for updates on SpaceX’s compute capacity, especially pertaining to its contracts with Google, Anthropic, and others, revenue per watt, any new deals, and Cursor’s early contribution.

Starlink/Connectivity Metrics and Mobile Expansion

Connectivity remains a main profit engine for SpaceX. Subscriber additions will be something to pay attention to, as Q2 ended at 12 million and previews are looking at 14 million for this quarter. Additionally, ARPU trends, enterprise and government growth, and any commentary on Starlink Mobile will be something to pay attention to, especially following the recent low-band spectrum deal and FCC-related constellation approvals.

Capex Trajectory, Cash Burn/FCF, and Starship/Operational Updates

Q2 capex of roughly $18.4 billion weighed on the stock. Investors will look to scrutinize Q3 spending levels, any guidance on the pace into Q4/2027, free cash flow, backlog, and liquidity. Operational color on Starship (Flight 14 milestones and Flight 15 timing/reusability progress), Falcon cadence, and government/NASA contracts are also in focus.

Of course, there will also be some speculation on the potential Tesla-SpaceX merger, but there was nothing mentioned in the company’s proxy it sent earlier this week.

SpaceX will report earnings after market close today and will stream the call on X.

Interested in ordering a Tesla? Use my referral code for three free months of Full Self-Driving (Supervised) here

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SpaceX just launched its secret Starfall saucer again

SpaceX launched its Starfall capsule again on Bandwagon-5, this time listed openly beside rideshare customers.

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An artist’s illustration of a SpaceX Starfall capsule reentering Earth’s atmosphere. (Image: SpaceX)
An artist’s illustration of a SpaceX Starfall capsule reentering Earth’s atmosphere. (Image: SpaceX)

SpaceX launched its Starfall reentry capsule for the second time on Tuesday morning, flying it as the payload of the Bandwagon-5 rideshare mission. Falcon 9 lifted off from Space Launch Complex 40 in Florida at 7:04 a.m. ET with 32 payloads, and the first stage booster, on its 19th flight, landed on the droneship A Shortfall of Gravitas about nine minutes later.

Starfall was scheduled to separate last, 2 hours and 48 minutes after liftoff. The final customer satellite on SpaceX’s mission timeline comes off the upper stage about an hour and nine minutes in, which left a long gap before the capsule was due to be released alone. SpaceX later posted that the payload deployment sequence is complete. At liftoff, the company said Starfall “enables affordable, routine access to a microgravity environment, providing unique opportunities for on-orbit manufacturing, scientific research, and testing.”

As Teslarati reported before the first Starfall flight, SpaceX made no public announcement about the vehicle then, and nearly everything known came from FAA and FCC filings. This time Starfall is an item name on the official mission page, listed beside paying rideshare customers. SpaceX has still not said what, if anything, is aboard this Starfall, Spaceflight Now noted.

The FAA’s environmental assessment from May describes a disk about 10.2 feet wide and 2.5 feet tall that weighs roughly 4,600 pounds and can bring 2,200 pounds of payload back to Earth.

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Interestingly, the same rocket also carries a competitor’s hardware. Varda Space Industries launched its W-Series 7 capsule on Bandwagon-5, a spacecraft about three times smaller than Starfall that will test whether microgravity can improve the solubility of a cancer drug called Protac. It is Varda’s ninth reentry capsule, and W-8 and W-9 launched earlier this month on Transporter-18. SpaceX has been Varda’s launch provider since the company’s first Falcon 9 rideshare contract in 2021.

SpaceX has not published where or how this Starfall will come down. The preview we ran in June described a recovery from the Pacific Ocean, and the company has not said whether this flight follows the same plan. The launch also arrives hours before SpaceX posts its third quarter results after the market closes, a report we previewed earlier this week.

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The Boring Company’s latest Tesla tunnel truck mod “fits like a glove”

The Boring Company has modified a Tesla powered tunnel truck to carry freight containers underground.

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The Boring Company has found a second job for the Tesla hardware it already runs underground. In a post on X, Elon Musk’s tunneling company showed its latest Prufrock Liner Truck modified to carry a standard 20 foot shipping container. “Using TBC tunnels to transport freight,” the company wrote. “The latest Prufrock Liner Truck (using Tesla Model 3 batteries and drive units) has been modified to carry a standard 20′ shipping container. Fits like a glove!”

The photo shows a red container sitting on a long, low white chassis parked outside, with drive hardware visible at one end. The Boring Company did not say where or when freight hauling would start, which customers it has in mind, or how many trucks it is converting.

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Until now, the liner trucks have hauled concrete. Teslarati reported in August on Liner Truck 3, which uses Model 3 battery packs and drive units to move more than 22,000 pounds of precast tunnel segments to the boring machine. It has 28 miles of range, tops out at 12 mph, and is piloted remotely from the company’s operations center in Texas. The freight version appears to be the same platform with a different bed, and The Boring Company has not said whether it will also be remotely piloted.

Freight has been on the company’s menu for years. When TBC updated its product lineup in 2021, its freight tunnel was described as sized to fit a standard shipping container, “barely.” The company later used the idea at Tesla’s own factory, where Prufrock 3 dug a tunnel to Giga Texas that now moves finished Cybertrucks away from the production line.

The Boring Company closed a $3 billion Series D in September at a $23 billion valuation, and Teslarati has covered how that money is tied to a UAE tunneling push and a faster Nashville build. In Nashville, Prufrock MB1 and MB2 are mining at the same time, and a third machine is expected to launch in late October. Each machine needs a steady supply of liner trucks, so any design that works for segments and containers alike gives the company more use out of the same Tesla parts.

The Vegas Loop remains the only Boring Company system open to the public, and it moves passengers in Tesla vehicles. A freight service would be a separate product, and the post gave no indication that one is close to launch. For now, it is a truck, a container and a short caption saying they fit together.

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