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Tesla’s camera-based driver monitoring system triggers legal complaint in Illinois
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.
“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).
Tesla Cabin Camera Lawsuit by Simon Alvarez on Scribd
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Elon Musk
Elon Musk reiterates Tesla Optimus’ most sci-fi potential yet
Musk shared his comments in a series of posts on social media platform X.
Elon Musk recently reiterated one of the most ambitious forecasts for Tesla’s humanoid robot, Optimus, stating it could become the first real-world example of a Von Neumann machine. He also noted once more that Optimus would be Tesla’s biggest product.
Musk shared his comments in a series of posts on social media platform X.
Optimus as a von Neumann machine
In response to a post on X that pondered on sci-fi timelines becoming real, Musk wrote that “Optimus will be the first Von Neumann machine, capable of building civilization by itself on any viable planet.” In a separate post, Musk wrote that Optimus will be Tesla’s “biggest product ever,” a phrase he has used in the past to describe the humanoid robot’s importance to the electric vehicle maker.
A Von Neumann machine is a class of theoretical self-replicating systems originally proposed in the mid-20th century by the mathematician John von Neumann. In his concept, von Neumann described machines that could travel to other worlds, use local materials to create copies of themselves, and carry out large-scale tasks without outside intervention.
Elon Musk’s broader plans
Considering Musk’s comments, it appears that Optimus would eventually be capable of performing complex work autonomously in environments beyond Earth. If Optimus could achieve such a feat, it could very well unlock humanity’s capability to explore locations beyond Earth. The idea of space exploration becomes more than feasible.
Elon Musk has discussed space-based AI compute, large-scale robotic production, and the role of SpaceX’s Starship in transporting hardware and materials to other planets. While Musk did not detail how Optimus would fit with SpaceX’s exploration activities, his Von Neumann machine comments suggest he is looking at Tesla’s robotics as part of a potential interplanetary ecosystem.
News
Tesla China January wholesale sales rise 9% year-on-year
Tesla reported January wholesale sales of 69,129 China-made vehicles, as per data released by the China Passenger Car Association.
Tesla China reported January wholesale sales of 69,129 Giga Shanghai-made vehicles, as per data released by the China Passenger Car Association (CPCA). The figure includes both domestic sales and exports from Gigafactory Shanghai.
The total represented a 9.32% increase from January last year but a 28.86% decline from December’s 97,171 units.
China EV market trends
The CPCA estimated that China’s passenger new energy vehicle wholesale volume reached about 900,000 units in January, up 1% year-on-year but down 42% from December. Demand has been pressured by the start-of-year slow season, a 5% additional purchase tax cost, and uncertainty around the transition of vehicle trade-in subsidies, as noted in a report from CNEV Post.
Market leader BYD sold 210,051 NEVs in January, down 30.11% year-on-year and 50.04% month-on-month, as per data released on February 1. Tesla China’s year-over-year growth then is quite interesting, as the company’s vehicles seem to be selling very well despite headwinds in the market.
Tesla China’s strategies
To counter weaker seasonal demand, Tesla China launched a low-interest financing program on January 6, offering up to seven-year terms on select produced vehicles. The move marked the first time an automaker offered financing of that length in the Chinese market.
Several rivals, including Xiaomi, Li Auto, XPeng, and NIO, later introduced similar incentives. Tesla China then further increased promotions on January 26 by reinstating insurance subsidies for the Model 3 sedan. The CPCA is expected to release Tesla’s China retail sales and export breakdown later this month.
News
Tesla’s Apple CarPlay ambitions are not dead, they’re still in the works
For what it’s worth, as a Tesla owner, I don’t particularly see the need for CarPlay, as I have found the in-car system that the company has developed to be superior. However, many people are in love with CarPlay simply because, when it’s in a car that is capable, it is really great.
Tesla’s Apple CarPlay ambitions appeared to be dead in the water after a large amount of speculation late last year that the company would add the user interface seemed to cool down after several weeks of reports.
However, it appears that CarPlay might make its way to Tesla vehicles after all, as a recent report seems to indicate that it is still being worked on by software teams for the company.
The real question is whether it is truly needed or if it is just a want by so many owners that Tesla is listening and deciding to proceed with its development.
Back in November, Bloomberg reported that Tesla was in the process of testing Apple CarPlay within its vehicles, which was a major development considering the company had resisted adopting UIs outside of its own for many years.
Nearly one-third of car buyers considered the lack of CarPlay as a deal-breaker when buying their cars, a study from McKinsey & Co. outlined. This could be a driving decision in Tesla’s inability to abandon the development of CarPlay in its vehicles, especially as it lost a major advantage that appealed to consumers last year: the $7,500 EV tax credit.
Tesla owners propose interesting theory about Apple CarPlay and EV tax credit
Although we saw little to no movement on it since the November speculation, Tesla is now reportedly in the process of still developing the user interface. Mark Gurman, a Bloomberg writer with a weekly newsletter, stated that CarPlay is “still in the works” at Tesla and that more concrete information will be available “soon” regarding its development.
While Tesla already has a very capable and widely accepted user interface, CarPlay would still be an advantage, considering many people have used it in their vehicles for years. Just like smartphones, many people get comfortable with an operating system or style and are resistant to using a new one. This could be a big reason for Tesla attempting to get it in their own cars.
Tesla gets updated “Apple CarPlay” hack that can work on new models
For what it’s worth, as a Tesla owner, I don’t particularly see the need for CarPlay, as I have found the in-car system that the company has developed to be superior. However, many people are in love with CarPlay simply because, when it’s in a car that is capable, it is really great.
It holds one distinct advantage over Tesla’s UI in my opinion, and that’s the ability to read and respond to text messages, which is something that is available within a Tesla, but is not as user-friendly.
With that being said, I would still give CarPlay a shot in my Tesla. I didn’t particularly enjoy it in my Bronco Sport, but that was because Ford’s software was a bit laggy with it. If it were as smooth as Tesla’s UI, which I think it would be, it could be a really great addition to the vehicle.
Elon Musk reiterates Tesla Optimus’ most sci-fi potential yet
Tesla China January wholesale sales rise 9% year-on-year
