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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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New drone video shows Tesla’s Optimus Factory reaching a turning point

New drone footage shows Tesla’s dedicated Optimus factory steel frame nearing completion at Giga Texas.

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Tesla’s dedicated Optimus factory at Gigafactory Texas is closing in on a finished steel frame, according to drone footage posted Thursday afternoon by longtime site observer Joe Tegtmeyer. In the video, Tegtmeyer said structural steel assembly is now about five column grids away from reaching the building’s north perimeter beam, putting the primary skeleton in its final stretch roughly six months after Tesla broke ground on the North Campus site in late March.

Tegtmeyer’s footage shows concrete already going in on three upper floors while crews continue laying rebar and pouring grade beam footings at ground level. That kind of parallel work, steel rising at one end of the site while concrete sets at the other, is a scheduling approach Tesla used at the original Giga Texas building and appears to be repeating here to save time before the plant’s targeted 2027 production start.

Teslarati has tracked the building’s progress since Tesla confirmed construction was officially underway in May, when the first steel structure went up on what was then bare, reclaimed land. The facility is part of a more than 5.2 million square foot expansion of Giga Texas’s North Campus that Tesla has said will eventually run nearly the length of the existing vehicle factory, over 4,000 feet, while sitting somewhat narrower. Musk has pegged the long term output target at 10 million Optimus units a year once the line is running at full capacity, a volume that would dwarf the one million unit pilot line Tesla is standing up separately at its Fremont, California factory.

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Tesla Giga Texas to feature massive Optimus V4 production line

The Texas facility sits alongside another major buildout on the same campus. Terafab, the joint Tesla and SpaceX chip fabrication plant that will eventually supply the silicon running Optimus units in the field. Housing robot assembly and chip production on the same grounds is a deliberate supply chain decision, cutting down on the shipping and lead time that would otherwise sit between the two.

Tesla has not given an updated timeline beyond its previously stated goal of bringing high volume Optimus production online at the site in the summer of 2027. Fremont’s smaller pilot line began mass producing the current Gen 3 robot in January, with that plant expected to build tens of thousands of units this year primarily to generate the real world data Tesla needs to refine the robot’s software before Giga Texas ramps up. Six months of visible construction progress, tracked almost entirely through Tegtmeyer’s recurring drone flights, gives the clearest outside look yet at how seriously Tesla is treating that 2027 deadline.

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Tesla and SpaceX take “Terafab” Trademark fight to Federal Court

Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.

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SpaceX Terafab rendering

Tesla and SpaceX are asking a federal judge to rule that their planned Terafab chip factory does not infringe a small Illinois company’s trademark, a request that arrives only after months of quiet negotiation broke down this summer.

The dispute traces to May 18, when Tesla filed three U.S. trademark applications for “Terafab” and “Tesla Terafab,” covering semiconductor chips and related chip making services. TERA-print LLC, a nanotechnology company that has held a federal trademark for “Tera-Fab” since 2021, responded five days later with a cease and desist letter. According to the lawsuit, first reported by Reuters, TERA-print argued that Tesla and SpaceX’s use of “Terafab” would confuse consumers familiar with its own trademark, which covers a desktop photolithography printer sold to researchers for sensor and bioengineering work.

What stands out in the filing is the timing of TERA-print’s own paperwork. One day before sending that cease and desist letter, on May 22, TERA-print applied to expand its existing registration to cover semiconductor materials, silicon chips, nanoelectronic devices and AI design services, categories it had not previously claimed. Tesla and SpaceX call that filing opportunistic in their complaint, noting it arrived two months after Tesla’s public Terafab announcement and just days after Tesla’s own trademark applications went in.

Elon Musk launches TERAFAB: The $25B Tesla-SpaceXAI chip factory that will rewire the AI industry

By June 10, TERA-print was threatening to sue for federal trademark infringement, false designation of origin and unfair competition, the complaint states. Rather than wait to be sued, Tesla, SpaceX and SpaceXAI met with TERA-print six separate times between June and August trying to resolve the dispute directly. Those talks collapsed, and the companies filed for declaratory judgment this week in the U.S. District Court for the Western District of Texas, asking a judge to find that “Terafab” does not infringe TERA-print’s mark before TERA-print can file a claim of its own.

TERA-print isn’t backing down. The company told PCMag it discussed a settlement with Tesla as recently as September 2 and feels misled by what it called Tesla’s professed interest in settling. Its CTO, Andrey Ivankin, said TERA-print holds a Defense Department contract to fabricate semiconductors and partially owns Mattiq Inc., an AI company built on TERA-print’s products, and that the company will vigorously defend its rights.

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Tesla and SpaceX argue the overlap is superficial. Terafab is planned as a $16.8 billion complex spanning roughly 100 million square feet at the Grimes County site SpaceX confirmed last month, built to produce chips for Optimus robots, Tesla’s AI computing needs and SpaceX’s orbital data center ambitions, a scale and purpose the companies say no reasonable consumer would confuse with a tabletop lab printer. TERA-print’s product line has stayed focused on lithography tools for biological and sensor research since it registered its mark in 2021.

The trademark fight is the second legal dispute tied to the Terafab project in the past week, following a separate SpaceX suit aimed at keeping company records about the facility out of public view, as KBTX reported. Whether construction proceeds under the Terafab name now depends on a federal judge in Austin.

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NHTSA just escalated its Tesla Cybercab investigation in a big way

NHTSA escalated its Cybercab audit into a sworn Special Order with a September 30 deadline.

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Federal regulators have moved from asking Tesla questions about its Cybercab to demanding sworn answers. The National Highway Traffic Safety Administration issued a Special Order that requires a Tesla officer to sign an affidavit attesting to the completeness of the company’s responses, with a deadline of September 30.

The order builds on Audit Query AQ26002, which NHTSA opened on September 3, the same day Tesla began commercial Cybercab service in Austin. Teslarati covered that initial inquiry when it surfaced, noting the agency wanted to understand how Tesla certified a vehicle with no permanently attached steering wheel, pedals, or mirrors as compliant with Federal Motor Vehicle Safety Standards. A Special Order is a different tool and converts a fact finding review into a legally enforceable demand, the same mechanism NHTSA used against Tesla in 2023 during its Autopilot investigation.

Several of the 21 requests target a specific gap in Cybercab’s design. One asks whether Tesla used temporarily attached human controls at any point to help certify the vehicle, and if so, which standards depended on that equipment being present. Another quotes an existing rule directly: “The service brakes shall be activated by means of a foot control.” Cybercab has no foot pedal. NHTSA wants a detailed explanation of how the vehicle satisfies that requirement, and how it complies without the kind of exemption granted to Zoox in July under Part 555, the regulatory pathway built for steering wheel free vehicles.

The order does not claim Cybercab is unsafe or that Tesla broke a rule. It requires Tesla to explain, under oath, the reasoning behind decisions the company already made when it self-certified the vehicle. That distinction matters, but so does the exposure. Motor1’s reporting, summarized here, put potential civil penalty exposure as high as $139 million if NHTSA later finds the certification was flawed, on top of whatever criminal risk comes with a false sworn statement.

Tesla has not said publicly how it plans to respond. Cybercab is still carrying passengers in Austin through the Robotaxi app while the September 30 deadline approaches, and the company has continued expanding the vehicle’s footprint even as the regulatory question remains open. The Special Order does not pause any of that and just sets a date by which Tesla has to put its certification logic on the record, with a company officer’s name attached to it.

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