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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.”

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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.”

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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

Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

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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 opens up free Starlink service for those impacted by Hurricane Melissa

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(Credit: Starlink | X)

SpaceX is opening up its internet service, Starlink, to those impacted by Hurricane Melissa, as it made landfall in Jamaica and the Bahamas as a Category 5 storm.

Hurricane Melissa is expected to reach wind speeds of over 165 MPH over the next few days as it extends out into the Atlantic Ocean by Thursday and Friday.

Citizens in Jamaica and the Bahamas have been preparing for the storm for the past week, getting necessary goods together and preparing for the massive storm to arrive. It finally did yesterday, and the first images and video of the storm are showing that it could destroy many parts of both countries.

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Starlink is now being opened up for free until the end of November for those impacted by the storm in Jamaica and the Bahamas, SpaceX announced today:

It is a move similar to the one the company made last year as Hurricane Helene made its way through the United States, destroying homes and property across the East Coast. SpaceX offered free service for those impacted by the destruction caused by the storm.

The free Starlink service was available until the end of 2024.

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Elon Musk’s companies have also made similar moves to help out those who are impacted by natural disasters. Tesla has offered Free Supercharging in the past, most notably during the California wildfires.

Tesla and SpaceX’s LA fire relief efforts: Cybertrucks, free Starlink and more

One major advantage of Starlink is that it is available for use in situations like this one, where power might be required to operate things like a modem and router.

Internet access is a crucial part of survival in these situations, especially as it can be the last leg some stand on to get in touch with emergency services or loved ones.

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Tesla board chair reiterates widely unmentioned point of Musk comp plan

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Credit: Tesla

Tesla Board Chair Robyn Denholm appeared on Bloomberg TV this morning to discuss the current status of CEO Elon Musk’s compensation plan, and used the opportunity to reiterate a widely unmentioned key point of the entire package.

Critics of the proposed pay package, which would pay Musk $1 trillion if he completes every tranche, routinely cite the sheer size of the payday.

Of course, many skeptics leave out the fact that he would only get that money if he were able to generate eight times the value the company currently has.

Tesla gains massive vote of confidence on compensation plan for Elon Musk

For Musk, it might have a little bit to do with money, but that is likely a very small percentage point of why the compensation package is being offered to him. He has reiterated that it is more about voting control and overall influence, especially as Tesla dives into robotics.

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He said during the Q3 Earnings Call:

“My fundamental concern with regard to how much voting control I have at Tesla is if I go ahead and build this enormous robot army, can I just be ousted at some point in the future? That’s my biggest concern. That is really the only thing I’m trying to address with this. It’s called compensation, but it’s not like I’m going to go spend the money. It’s just, if we build this robot army, do I have at least a strong influence over that robot army, not current control, but a strong influence? That’s what it comes down to in a nutshell. I don’t feel comfortable wielding that robot army if I don’t have at least a strong influence.”

Tesla shares the idea that Musk is a crucial part of the company, and without him being awarded the voting control he feels he deserves, he could leave the company altogether.

The company is very obviously feeling the importance of the upcoming vote, as it has advertised and pushed heavily for the comp plan to be approved, mostly to retain Musk.

Tesla Board Chair Robyn Denholm said today to Bloomberg TV that it is crucial shareholders understand it is not about Musk’s potential wealth, but more about his influence on company decisions:

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“So firstly, it is a performance package, so he gets nothing if he doesn’t perform against the pretty audacious milestones that are part of the performance criteria that’s been outlined by the board in the performance package. So, I think rather than compensation, it’s actually about the performance and the goals that we have for the company as we move forward. And so, for me, it really is about making sure that investors understand that they actually get paid if he hits the milestones before he will…Elon’s been very public, including on last week’s earnings call, about the fact that it’s around the voting influence that he could have in future shareholder meetings as opposed to the economic interests.”

Musk is not an incredibly flashy person. He does not have crazy cars or a massive house to go back to. He spends a lot of his time working and sometimes even sleeps at his office inside the factory.

He recently said he “only has what is needed” because “material possessions were making him weak.”

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The truth about Tesla ‘Mad Max’ mode from an actual user

Some people might see “Mad Max” as an extension of their daily driving.

For me, I did not see it that way. I saw it as a useful tool for certain situations, but it was certainly not something I could compare to my personal driving style.

But that does not mean that it’s wrong.

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Credit: Teslarati

There have been many headlines about Tesla’s new “Mad Max” mode, but many of those writing about the “dangerous” and “controversial” mode have probably never used it.

As a writer, I write about topics I do not have firsthand experience with, but the job requires me to take a fair stance and report what is known. The problem is the nature of driving and driving modes, specifically, is subjective.

Some people might see “Mad Max” as an extension of their daily driving.

For me, I did not see it that way. I saw it as a useful tool for certain situations, but it was certainly not something I could compare to my personal driving style.

But that does not mean that it’s wrong.

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NHTSA Probes Tesla Over “Mad Max”

Last week, the NHTSA launched a bit of a probe into Mad Max mode, requesting additional information on the Speed Profile and reiterating that the driver of the car is still required to be in ultimate control.

Tesla ‘Mad Max’ gets its first bit of regulatory attention

It’s important to keep the latter portion of that sentence in mind for the true thesis of this piece.

Now, it is no surprise to me that Mad Max garnered attention from regulatory agencies, as it is definitely a more spirited driving profile than the others.

Is Mad Max That Big of a Deal?

Regulatory agencies are responsible for keeping people safe, and it is important to note that their control is somewhat necessary. However, this type of drive mode is optional, requires the driver’s attention, and should be used responsibly for safe travel.

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Playing Devil’s Advocate, how is Mad Max any different than the performance modes that some sports cars have? Because they require the driver to operate fully, and they are not semi-autonomous like Tesla can offer with Mad Max in Full Self-Driving (Supervised), are they safer?

The argument here really comes down to whether FSD is being used responsibly and correctly; any accelerated drive mode becomes more of a risk if the vehicle operator is not paying attention. This applies to any car company or drive mode they choose to use on their cars.

My Personal Experience with Mad Max

I have used Mad Max probably ten times since it rolled out to Early Access Program (EAP) members a few weeks ago.

I’ll admit: it did a lot of things I would never do driving a car manually. It passed people on the right. It was the fastest vehicle on the interstate, at least until I crossed into Maryland. Then, it seemed to be just another car on the road.

It drove quickly, and not so fast that I felt concerned for my safety, which I never feared for, but fast enough that, at certain points, I was concerned that a cop would pull me over. I never encountered that scenario, but I wouldn’t be surprised if it resulted in some tickets.

With that being said, I don’t particularly think I’d use Mad Max in more than a handful of applications: driving the Baltimore Beltway would be one instance, navigating traffic in Baltimore, Philadelphia, or Pittsburgh during heavy traffic, or cruising on I-95, where cars routinely are going 100 MPH, much faster than Mad Max would ever travel.

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Is it too quick for me in residential settings? For me, yes. Is it faster than every human driving on those roads? Absolutely not. In my experience, it is quicker than some, slower than others, just like any other Speed Mode Tesla offers, even Sloth, which refuses to go over the posted speed limit.

I think it’s wrong to sit here and act as if Mad Max is some incredibly dangerous and life-threatening hazard. If a driver is uncomfortable with the maneuvers or speed, they do not have to use it. However, it is no different from how many other cars travel on the road; it is far from an anomaly.

Tesla FSD’s new Mad Max mode is getting rave reviews from users

With that being said, it will be interesting to see if the NHTSA does anything about Mad Max, whether it will require Tesla to “nerf” the Speed Profile, or remove it altogether. It’s also important to note that this is my personal experience with Mad Max, and what I’ve experienced might differ from others’.

I would love to hear your thoughts on how Mad Max has driven for you, or your impressions of it.

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