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Tesla defends its right to release individual driver data to disprove claims

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During a week in which the House of Representatives voted to repeal Obama era Internet privacy protections, Tesla has come under fire from owners who dispute the all-electric carmaker’s right to disclose individual driver data to the media while also failing to share that data with the drivers themselves.

A pattern of Tesla public data dissemination has occurred after accidents in which Tesla vehicles have had automation software engaged. Tesla vehemently stands behind the safety and reliability of its cars, citing how its “Autopilot has been shown to save lives and reduce accident rates.” That comment came as result of a request from The Guardian. In explanation as to why Tesla releases individual driver information to the media, the Tesla spokesperson added, “We believe it is important that the public have a factual understanding of our technology.”

It is important to note that, in a famous case in which a Tesla Model S was the subject of serious scrutiny following a driver’s death after colliding with a truck while the driver-assist feature was engaged, the U.S. National Highway Traffic Safety Administration issued a report of no fault on Tesla’s part. Indeed the report stated that “Tesla vehicles crash rate dropped by almost 40 percent after Autosteer installation.”

What’s being contested here then? Several things, actually. Tesla feels it has an explicit corporate need to stand behind its driving-assist Autopilot technology through public disclosures of individual driving data when a crash occurs. Individual Tesla drivers, on the other hand, express a desire to maintain the right to information privacy regarding their driving performance. And, while Tesla has disseminated individual driver information to the media following Tesla crashes involving its Autopilot system, it continues to deny data sharing with individual customers. Moreover, the company does not follow the commonly accepted research practice of gaining permissions from study participants prior to including them in a data set.

And now some Tesla owners are fired up.

The technology available within a Tesla can provide information about the location of a driver’s hands on the steering wheel, if and when a driver’s door opens, and, importantly, the engagement and performance levels of autonomous technology. Tesla insists that it only releases specific driver data to the media when information has been misrepresented to the public.

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Tesla crashes always seem to catch media attention. After a fatal early morning Tesla Model S crash in Indianapolis, a distraught dad claimed that his daughter would still be alive if she had been driving any other car but a Tesla. In a Baarn, Netherlands accident in which a Tesla Model S collided at high speed with a tree and killed the driver, Tesla investigated alongside local authorities. Uncertain as to whether Tesla’s Autopilot feature was engaged, the company said at the time it would analyze data collected through vehicle recovery procedures and “ share it with the public” once reports became final. In 2016, the first crash in China involving a Tesla operating in Autopilot mode caused a great deal of consternation. And a driver of a Model X that crashed along a trek to Yellowstone in Montana posted an open letter to Elon Musk and Tesla, asking the company to “take responsibility for the mistakes of Tesla products” and accusing Tesla of using drivers as “lab rats” for testing of its Autopilot system.

It is that dehumanization of Tesla drivers which has suddenly come to the forefront. Yes, as in all vehicular incidents, various factors come into play, especially driver error: physical (tired), emotional (angry), psychological (confused), or intellectual (distracted) factors occur when a person gets behind the wheel. But that’s not what is at issue in the case of drivers’ rights to information privacy when they engage technology applications. Is driving a personal act, a type of agency for which the driver assumes all responsibility? And, if all research institutions are required to acquire ethical consent from participants, why is Tesla absolved of such responsibility? The answers to these questions will continue to evolve as technology advances at amazing speeds.

In the upcoming age of self-driving cars, every touch screen signal is transmitted to the cloud as an immediate extension of a car’s functionality. A year ago, at a Congressional hearing about driverless cars, Massachusetts Senator Ed Markey questioned over and over whether driverless car manufacturers would assume a minimum standard for consumer privacy protection. None of the constituents present answered his question.

And now, with the U.S. Congress clearly opposed to internet privacy protections, will the public — Tesla drivers included — give up the fight? Will it be “the classic politics of resignation,” as Lawrence Lessig, a Harvard law professor, asserts? He says, “Most people… pick fights they know they can convince people they can win.” It’s an era in which the U.S. Presidential transition team members, according to Politico, had to sign non-disclosure agreement to make certain they keep all of their work confidential. Tesla, too, likes to keep internal information quiet, yet California lawmakers sent a letter to Tesla in January, 2017 asking the company to loosen its employee confidentiality agreement.

Major institutions want their information kept inside closed doors. Can drivers claim the right to privacy of what will become ubiquitous self-driving technology information systems of the future?

A Tesla spokesperson says the following in regards to the release of individual driver data:

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“In unusual cases in which claims have already been made publicly about our vehicles by customers, authorities or other individuals, we have released information based on the data to either corroborate or disprove these claims. The privacy of our customers is extremely important and something we take very seriously, and in such cases, Tesla discloses only the minimum amount of information necessary… [We] transfer and disclose information, including personal and non-personally identifiable information … to protect the rights, property, safety, or security of the Services, Tesla, third parties, visitors to our Services, or the public, as determined by us in our sole discretion.”

 

Carolyn Fortuna is a writer and researcher with a Ph.D. in education from the University of Rhode Island. She brings a social justice perspective to environmental issues. Please follow me on Twitter and Facebook and Google+

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Elon Musk

SpaceX just cleared a key FCC hurdle in its fight with Verizon and AT&T

The FCC accepted SpaceX’s bid for Grain’s 800 MHz spectrum, opening review for Starlink Mobile.

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A hand holds a smartphone displaying the Starlink Mobile app interface showing a strong “Connected – Direct to Cell” signal, with a Starlink satellite beaming connectivity signals down to Earth from orbit. The background features the planet’s night side glowing with city lights against the curve of the atmosphere, set above a scenic twilight landscape.

The Federal Communications Commission has formally opened its review of SpaceX’s plan to buy a nationwide block of 800 MHz spectrum from Grain Management, moving Starlink Mobile one step closer to operating as a full U.S. wireless carrier.

In a public notice issued Tuesday, the FCC’s Wireless Telecommunications Bureau said it accepted for filing the applications to transfer control of two Grain license companies, Prism License Co. 1 and Prism License Co. 2, to Starlink Spectrum Holdings, a wholly owned SpaceX subsidiary. The deal covers 546 paired licenses across 3,224 counties, reaching roughly 100% of the U.S. population in all 50 states, Washington, D.C., Puerto Rico and the U.S. Virgin Islands. The proceeding sits under WT Docket No. 26-313.

Acceptance is not approval. It means the applications cleared an initial review and the public comment window is now open. Comments and petitions to deny are due December 1, and oppositions are due December 8. The bureau also said the conditions attached to Grain’s July purchase of the licenses from T-Mobile, which require rapid buildout for terrestrial and direct to device service, would carry over to SpaceX if the transfer is approved.

SpaceX announced the agreement on October 8, saying the new airwaves would let Starlink Mobile’s signal reach phones inside buildings, something its 2 GHz spectrum from EchoStar cannot do as well. The portfolio includes up to 14 MHz of paired spectrum in the 817 to 824 MHz and 862 to 869 MHz bands, which most existing phones already support. Elon Musk called it “the last critical piece of the spectrum puzzle needed for SpaceX to provide complete phone coverage in America.”

According to the filing, SpaceX would hold up to 89 MHz of total spectrum in any given market after the deal closes, including up to 14 MHz below 1 GHz. That is far under the 385 MHz threshold the FCC uses to flag a transaction for closer competitive scrutiny, and well short of the roughly 300 MHz each of AT&T, Verizon and T-Mobile holds.

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Tuesday’s notice does not decide how SpaceX can use the spectrum from orbit. A separate application SpaceX filed on October 27 seeking authority to provide supplemental coverage from space on the same frequencies, along with related waiver requests, is still pending before the commission.

The ground network is already taking shape. Last week, SpaceX picked Qualcomm to supply radios, baseband units and software for a nationwide 5G build, with deployment across tens of thousands of U.S. cell sites starting in 2027. The FCC also voted on October 29 to advance a proposal opening another 482 MHz to direct to device service, though AT&T, Verizon and T-Mobile hacritive pushed to strip nearly 300 MHz from it. SpaceX President Gwynne Shotwell has said service on SpaceX’s own airwaves is targeted for early 2028.

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Cybertruck

Tesla upfitter offers to keep Cybertruck alive

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Credit: Unplugged Performance

A Tesla upfitter has offered to take over Cybertruck lines from the company in a last-ditch effort to save the all-electric pickup from being completely canceled in the middle of 2027.

Unplugged Performance, the Hawthorne, California-based Tesla aftermarket specialist, has publicly offered to take over Cybertruck production from Tesla, funding the effort “through a consortium of investors.”

The proposal comes as Tesla prioritizes its Cybercab Robotaxi program and prepares to wind down Cybertruck assembly at Gigafactory Texas around mid-2027.

Founded in 2013 by Ben Schaffer and located adjacent to Tesla’s Design Studio and SpaceX, Unplugged Performance has become a leading provider of premium upgrades for Tesla vehicles, including extensive Cybertruck packages under its UP INVINCIBLE line.

Through its UP.FIT division, the company has also developed purpose-built police and fleet versions of the Cybertruck, including deliveries to agencies such as the Las Vegas Metropolitan Police Department.

In an X post on Tuesday, Unplugged said:

“An open offer to Tesla: We fully support putting Cybercab first, and we’d be glad to take the Cybertruck line off your hands. We’d fund it with a consortium of investors and run it at no cost to Tesla’s floor space, headcount, or focus. All of that goes to Cybercab. Cybercab gets first call on battery cells too. We’ll wait our turn. Tesla gains incremental profit: a license fee, plus FSD and Robotaxi network revenues on every vehicle built. We’d build the Cybertruck, a three-row CyberSUV, and an unmanned CyberCargo hauler. More autonomous miles, across every surface of this planet and beyond. Worth a conversation?”

The arrangement would free Tesla resources and manufacturing capacity for Cybercab while allowing continued production of the stainless-steel pickup and expanded variants. Unplugged Performance indicated it would wait for battery cells after Cybercab needs are met and would generate ongoing revenue for Tesla through licensing and software/network services on the vehicles it produces.

Following strong initial interest, Unplugged Performance posted a follow-up inviting potential investors and strategic partners to email cyber@unpluggedperformance.com. The company clarified that the outreach is solely to gauge interest and does not constitute an offer to sell securities or acceptance of funds at this stage.

The proposal arrives shortly after Elon Musk indicated that Cybertruck production in Texas would be phased out by roughly the middle of 2027 to expand Cybercab output.

Whether Tesla engages with the offer remains to be seen, but the public overture highlights both the aftermarket specialist’s deep experience with the Cybertruck platform and the growing focus on autonomy within Tesla’s manufacturing plans.

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Elon Musk

Elon Musk says Tesla Cybercab future is ‘obvious to anyone with eyes and a brain’

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Elon Musk said the Tesla Cybercab will perform “a majority of all passenger miles” where it is allowed to operate and that point is “obvious to anyone with eyes and a brain.”

Musk used the point to double down on the company’s decision to ax the cult-favorite Cybertruck, as its production space will be removed and transitioned into additional Cybercab lines. The move has catalyzed a polarizing conversation on whether its right or wrong.

Whatever side you are on — it’s happening.

Regardless, Musk seems to be getting to the point that he is done talking about the choice. At some point, you have to think that this was truly a difficult decision for him and the company as well, and this is not something he took lightly. In fact, he’s probably a little bit disappointed with it, too.

But the point remains that the Cybertruck is gone. Musk’s focus is purely on developing an autonomous platform that the world will utilize for transportation, and he’s telling you that anyone “with eyes and a brain” can see it:

Tesla is betting that all of its passengers in the future will be okay with not owning their own personal cars and will be fine with ride-hailing for the rest of their lives. Every dinner, every errand, every trip to the airport and transportation thereafter, will all be operated by ride-sharing, and in Tesla’s perfect world, it will happen in a Cybercab.

As of now, Cybercab is only active in Austin, but it has been spotted all over the country with a driver behind the wheel in those prototypes. In Austin, the car has no steering wheel or pedals for people to control the vehicle.

The Cybertruck dilemma is one that has truly come across the entire Tesla community and while it seems to be a great idea to keep it because people love it, the business side of things is steering Musk and Tesla in another direction.

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