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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.

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.

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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:

“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.”

 

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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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Investor's Corner

Tesla has one big financial question to answer for investors: Morgan Stanley

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Credit: Tesla

In a new note to investors on Tuesday, Morgan Stanley analyst Andrew Percoco said that Tesla has one big financial question to answer for investors regarding its Robotaxi rollout, Full Self-Driving software, and Optimus.

Percoco said in the note that, for the most part, investors are still very positive about the direction the company is headed. However, there are some things the firm would like to see, and they have to do with financials.

Tesla (TSLA) Q2 2026 earnings results: miss on EPS, beat on revenue

Tesla bulls are more than convinced that the company’s Full Self-Driving software is proof it can develop physical AI. Financially, however, there are still some questions, especially on elevated spending, which CEO Elon Musk said would occur as the company works to roll out Robotaxi faster and continue developing its Optimus robot.

The latter two are where Tesla will have to prove progress to investors, as Percoco writes that both projects “will require clearer evidence that Robotaxi is scaling and more tangible Optimus proof points to support the ROI on elevated capex.”

Percoco said the second quarter earnings call did not change his long-term thesis of where Tesla is positioned in the AI race, which is out in front. However, there are concerns that weaker gross margins and higher R&D spend will stress financials, and that has “sharpened our (and investors’) focus on measurable progress across Robotaxi and Optimus.”

Additionally, Robotaxi still needs to be proven with more operation in existing cities while maintaining safety but improving how many rides it gives in any given time, he said. For Optimus, Percoco wrote that he is “still looking for evidence beyond commentary around SOP.”

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Morgan Stanley put Percoco in charge of covering Tesla after long-time analyst Adam Jonas transitioned to the automotive side.

Currently, Morgan Stanley has a $415 price target on Tesla and a ‘Hold’ rating on the stock. It is trading at around $330 at the time of publication, which was 2:30 P.M. on the East Coast.

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Investor's Corner

SpaceX AI investment gamble will make it a big winner, firm says

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Credit: SpaceX

SpaceX’s massive investment in AI will make it a big winner, Argus Research said after the company’s successful earnings call last week.

The firm also upgraded shares to a Buy from Hold and set a $160 price target.

SpaceX (NASDAQ: SPCX) is currently recovering from its heavy AI infrastructure investments, as it spent nearly $16 billion in Q2 alone. The company did this primarily by monetizing high-demand GPU compute capacity at a much faster pace than traditional data center economics would suggest.

Company CFO Bret Johnsen said that SpaceX would be able to pay back anything on new deployments within a year.

There are plenty of ways the company can do this:

Leasing excess compute capacity through contracts

SpaceX has already built Colossus and Colossus II, largely for its own model training. However, much of that capacity is already rented out to third parties. It already has major deals with Anthropic, Google, and Reflection AI. These partnerships are adding billions per month to SpaceX’s spreadsheet.

SpaceX is charging Anthropic massive money for its compute

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High utilization driven by industry-wide scarcity

The demand for advanced AI training and inference capacity continues to exceed what is available for use. SpaceX can fill new racks quickly after they come online, so the capital deployed converts into revenue with minimal idle time.

Additionally, management and outside observers have described the new compute capital as behaving more like a cost-of-goods-sold than traditional multi-year capex, especially because of this rapid monetization pattern.

Capacity has already scaled from ~0.4 GW a year to 1.4 GW annually by the end of Q2. There are targets of more than 2 GW by year-end.

High incremental margins on the rental business once capacity is online

GPU cloud providers often operate at strong gross margins. SpaceX can monetize capacity that was already partially built or can be added efficiently. This means that incremental EBITDA margins on the rental revenue are usually high. This accelerates cash recovery relative to the gross capital outlay.

Parallel monetization of its own AI software and applications

Beyond pure infrastructure rental, SpaceX also generates revenue from Grok through subscriptions and usage, from X through ads, data, and other related services, enterprise APIs, and the planned integration of the Cursor coding tools acquisition.

These application layers ride on the same compute infrastructure and provide additional high-margin streams that could offset build-out costs. AI-segment revenue overall rose sharply to about $2.6 billion in Q2, according to Motley Fool. This was driven primarily by the infrastructure contracts, but the software side is also partially responsible.

Efficient, large-scale deployment and vertical integration advantages

SpaceX has emphasized the rapid construction of power and cooling infrastructure and favorable cost-per-megawatt economics relative to industry benchmarks in some disclosures.

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Combined with its ability to scale capacity aggressively and the fact that many contracts start generating revenue within months of capacity coming online, the effective payback compresses dramatically compared with more conventional multi-year data-center projects.

SpaceX’s dominant near-term recovery path will turn the AI clusters into a hyperscale-style compute rental business for other leading AI companies while still using a portion for internal models.

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Tesla headlights cause recall of over 20,000 Model 3 and Model Y

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Tesla headlights have caused a recall of over 20,000 of the company’s two most popular vehicles, the Model 3 and Model Y, due to the low-beam bulb exceeding the maximum allowed intensity according to federal standards.

Tesla initiated the recall with the National Highway Traffic Safety Administration (NHTSA) this morning, stating that the low-beam output “exceeds the maximum allowed intensity in the outer upper-right and outer upper-left areas of the 10U and 90U zone, as prescribed in FMVSS No. 108.”

Tesla sourced the impacted headlights from Marelli Automotive Lighting, a Mexico-based company. The recall impacts 2020-2023 Model Y vehicles and 2017-2023 Model 3 vehicles. It is estimated that every VIN in this recall is impacted by the defect.

Typically, Tesla would remedy recalls of this nature through an Over-the-Air software update, which has been a major focus of criticism by the company and its supporters because the NHTSA still refers to it as a “recall,” even though it requires no action by the vehicle owner. The fix is shipped over the internet and downloaded to the car.

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However, there appears to be a potentially different solution for this problem. Tesla has not developed a remedy for this issue, so it could potentially be on the way. The big issue appears to be the fact that these recalled lamps are out of production, and this is an old body style for both vehicles. The headlights and front-end designs are completely different.

Tesla switched to another supplier when the affected headlight design was discontinued. It plans to begin notifying owners of their remedy options by September 15.

Tesla filed a petition protesting the recall to fix the vehicles’ headlight issue, but the NHTSA denied it. Now, Tesla will come up with a solution to fix it.

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