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No, it's saying that because none of the information is transmitted there isn't a privacy violation - the law requires that a privacy violation actually occur,

by olliej 3y ago

No, it's saying that because none of the information is transmitted there isn't a privacy violation - the law requires that a privacy violation actually occur, not that it "could". e.g. that fact that there's a local call/message log on the car, and the car also has a mechanism for transmitting some data, does not mean that there's a privacy violation given that the car does not transmit the call/message log. That's the only reason this lawsuit got thrown out. It would be like saying "my phone receives messages, and stores those, and could transmit them to apple/google, therefore I should be able to sue them for the privacy violation they could do".

SenAnder 3y ago
Thank you for the correction. This makes the judgement much more reasonable.
adrianmonk 3y ago
> the car also has a mechanism for transmitting some data As far as I can tell, the car itself doesn't have a mechanism for transmitting data. It just stores the data. Transmitting only happens if/when someone gets some Berla "vehicle forensics" hardware and physically connects it to the car. The Berla equipment would do the transmitting. From the complaint linked to by The Register[1]: > 26. Third party Berla Corporation (“Berla”), based in Annapolis, Maryland, manufactures equipment (hardware and software) capable of extracting stored text messages from infotainment systems in Honda vehicles. > 27. Berla also manufactures equipment capable of extracting stored call logs from infotainment systems in Honda vehicles. > 28. Honda infotainment systems thereby transmit stored text messages and call logs to Berla. And from Berla's web site[2]: > An acquisition may require systems to be removed from a vehicle and disassembled or be performed in place in a vehicle. In either case, acquisition hardware must be attached to the vehicle or system to acquire data. --- [1] https://regmedia.co.uk/2023/11/09/honda-infotainment-class-action-suit.pdf https://regmedia.co.uk/2023/11/09/honda-infotainment-class-a... [2] https://berla.co/ecosystem/ https://berla.co/ecosystem/
- olliej 3y ago
  I thought the original lawsuit (in addition to the Berla/diagnostics tools extraction method) was also trying to claim that the system supported transmission of a data (which seems a thing in many new cars? crashes and what not?) even though it was in no one transmitting any of this information.

by olliej 3y ago

SenAnder 3y ago

Thank you for the correction. This makes the judgement much more reasonable.

adrianmonk 3y ago

> the car also has a mechanism for transmitting some data As far as I can tell, the car itself doesn't have a mechanism for transmitting data. It just stores the data. Transmitting only happens if/when someone gets some Berla "vehicle forensics" hardware and physically connects it to the car. The Berla equipment would do the transmitting. From the complaint linked to by The Register[1]: > 26. Third party Berla Corporation (“Berla”), based in Annapolis, Maryland, manufactures equipment (hardware and software) capable of extracting stored text messages from infotainment systems in Honda vehicles. > 27. Berla also manufactures equipment capable of extracting stored call logs from infotainment systems in Honda vehicles. > 28. Honda infotainment systems thereby transmit stored text messages and call logs to Berla. And from Berla's web site[2]: > An acquisition may require systems to be removed from a vehicle and disassembled or be performed in place in a vehicle. In either case, acquisition hardware must be attached to the vehicle or system to acquire data. --- [1] https://regmedia.co.uk/2023/11/09/honda-infotainment-class-action-suit.pdf https://regmedia.co.uk/2023/11/09/honda-infotainment-class-a... [2] https://berla.co/ecosystem/ https://berla.co/ecosystem/

olliej 3y ago
I thought the original lawsuit (in addition to the Berla/diagnostics tools extraction method) was also trying to claim that the system supported transmission of a data (which seems a thing in many new cars? crashes and what not?) even though it was in no one transmitting any of this information.