Your car spies on you and rats you out to insurance companies
I'm on tour with my new, nationally bestselling novel The Bezzle! Catch me TOMORROW (Mar 13) in SAN FRANCISCO with ROBIN SLOAN, then Toronto, NYC, Anaheim, and more!
Another characteristically brilliant Kashmir Hill story for The New York Times reveals another characteristically terrible fact about modern life: your car secretly records fine-grained telemetry about your driving and sells it to data-brokers, who sell it to insurers, who use it as a pretext to gouge you on premiums:
https://www.nytimes.com/2024/03/11/technology/carmakers-driver-tracking-insurance.html
Almost every car manufacturer does this: Hyundai, Nissan, Ford, Chrysler, etc etc:
https://www.repairerdrivennews.com/2020/09/09/ford-state-farm-ford-metromile-honda-verisk-among-insurer-oem-telematics-connections/
This is true whether you own or lease the car, and it's separate from the "black box" your insurer might have offered to you in exchange for a discount on your premiums. In other words, even if you say no to the insurer's carrot – a surveillance-based discount – they've got a stick in reserve: buying your nonconsensually harvested data on the open market.
I've always hated that saying, "If you're not paying for the product, you're the product," the reason being that it posits decent treatment as a customer reward program, like the little ramekin warm nuts first class passengers get before takeoff. Companies don't treat you well when you pay them. Companies treat you well when they fear the consequences of treating you badly.
Take Apple. The company offers Ios users a one-tap opt-out from commercial surveillance, and more than 96% of users opted out. Presumably, the other 4% were either confused or on Facebook's payroll. Apple – and its army of cultists – insist that this proves that our world's woes can be traced to cheapskate "consumers" who expected to get something for nothing by using advertising-supported products.
But here's the kicker: right after Apple blocked all its rivals from spying on its customers, it began secretly spying on those customers! Apple has a rival surveillance ad network, and even if you opt out of commercial surveillance on your Iphone, Apple still secretly spies on you and uses the data to target you for ads:
https://pluralistic.net/2022/11/14/luxury-surveillance/#liar-liar
Even if you're paying for the product, you're still the product – provided the company can get away with treating you as the product. Apple can absolutely get away with treating you as the product, because it lacks the historical constraints that prevented Apple – and other companies – from treating you as the product.
As I described in my McLuhan lecture on enshittification, tech firms can be constrained by four forces:
I. Competition
II. Regulation
III. Self-help
IV. Labor
https://pluralistic.net/2024/01/30/go-nuts-meine-kerle/#ich-bin-ein-bratapfel
When companies have real competitors – when a sector is composed of dozens or hundreds of roughly evenly matched firms – they have to worry that a maltreated customer might move to a rival. 40 years of antitrust neglect means that corporations were able to buy their way to dominance with predatory mergers and pricing, producing today's inbred, Habsburg capitalism. Apple and Google are a mobile duopoly, Google is a search monopoly, etc. It's not just tech! Every sector looks like this:
https://www.openmarketsinstitute.org/learn/monopoly-by-the-numbers
Eliminating competition doesn't just deprive customers of alternatives, it also empowers corporations. Liberated from "wasteful competition," companies in concentrated industries can extract massive profits. Think of how both Apple and Google have "competitively" arrived at the same 30% app tax on app sales and transactions, a rate that's more than 1,000% higher than the transaction fees extracted by the (bloated, price-gouging) credit-card sector:
https://pluralistic.net/2023/06/07/curatorial-vig/#app-tax
But cartels' power goes beyond the size of their warchest. The real source of a cartel's power is the ease with which a small number of companies can arrive at – and stick to – a common lobbying position. That's where "regulatory capture" comes in: the mobile duopoly has an easier time of capturing its regulators because two companies have an easy time agreeing on how to spend their app-tax billions:
https://pluralistic.net/2022/06/05/regulatory-capture/
Apple – and Google, and Facebook, and your car company – can violate your privacy because they aren't constrained regulation, just as Uber can violate its drivers' labor rights and Amazon can violate your consumer rights. The tech cartels have captured their regulators and convinced them that the law doesn't apply if it's being broken via an app:
https://pluralistic.net/2023/04/18/cursed-are-the-sausagemakers/#how-the-parties-get-to-yes
In other words, Apple can spy on you because it's allowed to spy on you. America's last consumer privacy law was passed in 1988, and it bans video-store clerks from leaking your VHS rental history. Congress has taken no action on consumer privacy since the Reagan years:
https://www.eff.org/tags/video-privacy-protection-act
But tech has some special enshittification-resistant characteristics. The most important of these is interoperability: the fact that computers are universal digital machines that can run any program. HP can design a printer that rejects third-party ink and charge $10,000/gallon for its own colored water, but someone else can write a program that lets you jailbreak your printer so that it accepts any ink cartridge:
https://www.eff.org/deeplinks/2020/11/ink-stained-wretches-battle-soul-digital-freedom-taking-place-inside-your-printer
Tech companies that contemplated enshittifying their products always had to watch over their shoulders for a rival that might offer a disenshittification tool and use that as a wedge between the company and its customers. If you make your website's ads 20% more obnoxious in anticipation of a 2% increase in gross margins, you have to consider the possibility that 40% of your users will google "how do I block ads?" Because the revenue from a user who blocks ads doesn't stay at 100% of the current levels – it drops to zero, forever (no user ever googles "how do I stop blocking ads?").
The majority of web users are running an ad-blocker:
https://doc.searls.com/2023/11/11/how-is-the-worlds-biggest-boycott-doing/
Web operators made them an offer ("free website in exchange for unlimited surveillance and unfettered intrusions") and they made a counteroffer ("how about 'nah'?"):
https://www.eff.org/deeplinks/2019/07/adblocking-how-about-nah
Here's the thing: reverse-engineering an app – or any other IP-encumbered technology – is a legal minefield. Just decompiling an app exposes you to felony prosecution: a five year sentence and a $500k fine for violating Section 1201 of the DMCA. But it's not just the DMCA – modern products are surrounded with high-tech tripwires that allow companies to invoke IP law to prevent competitors from augmenting, recongifuring or adapting their products. When a business says it has "IP," it means that it has arranged its legal affairs to allow it to invoke the power of the state to control its customers, critics and competitors:
https://locusmag.com/2020/09/cory-doctorow-ip/
An "app" is just a web-page skinned in enough IP to make it a crime to add an ad-blocker to it. This is what Jay Freeman calls "felony contempt of business model" and it's everywhere. When companies don't have to worry about users deploying self-help measures to disenshittify their products, they are freed from the constraint that prevents them indulging the impulse to shift value from their customers to themselves.
Apple owes its existence to interoperability – its ability to clone Microsoft Office's file formats for Pages, Numbers and Keynote, which saved the company in the early 2000s – and ever since, it has devoted its existence to making sure no one ever does to Apple what Apple did to Microsoft:
https://www.eff.org/deeplinks/2019/06/adversarial-interoperability-reviving-elegant-weapon-more-civilized-age-slay
Regulatory capture cuts both ways: it's not just about powerful corporations being free to flout the law, it's also about their ability to enlist the law to punish competitors that might constrain their plans for exploiting their workers, customers, suppliers or other stakeholders.
The final historical constraint on tech companies was their own workers. Tech has very low union-density, but that's in part because individual tech workers enjoyed so much bargaining power due to their scarcity. This is why their bosses pampered them with whimsical campuses filled with gourmet cafeterias, fancy gyms and free massages: it allowed tech companies to convince tech workers to work like government mules by flattering them that they were partners on a mission to bring the world to its digital future:
https://pluralistic.net/2023/09/10/the-proletarianization-of-tech-workers/
For tech bosses, this gambit worked well, but failed badly. On the one hand, they were able to get otherwise powerful workers to consent to being "extremely hardcore" by invoking Fobazi Ettarh's spirit of "vocational awe":
https://www.inthelibrarywiththeleadpipe.org/2018/vocational-awe/
On the other hand, when you motivate your workers by appealing to their sense of mission, the downside is that they feel a sense of mission. That means that when you demand that a tech worker enshittifies something they missed their mother's funeral to deliver, they will experience a profound sense of moral injury and refuse, and that worker's bargaining power means that they can make it stick.
Or at least, it did. In this era of mass tech layoffs, when Google can fire 12,000 workers after a $80b stock buyback that would have paid their wages for the next 27 years, tech workers are learning that the answer to "I won't do this and you can't make me" is "don't let the door hit you in the ass on the way out" (AKA "sharpen your blades boys"):
https://techcrunch.com/2022/09/29/elon-musk-texts-discovery-twitter/
With competition, regulation, self-help and labor cleared away, tech firms – and firms that have wrapped their products around the pluripotently malleable core of digital tech, including automotive makers – are no longer constrained from enshittifying their products.
And that's why your car manufacturer has chosen to spy on you and sell your private information to data-brokers and anyone else who wants it. Not because you didn't pay for the product, so you're the product. It's because they can get away with it.
Cars are enshittified. The dozens of chips that auto makers have shoveled into their car design are only incidentally related to delivering a better product. The primary use for those chips is autoenshittification – access to legal strictures ("IP") that allows them to block modifications and repairs that would interfere with the unfettered abuse of their own customers:
https://pluralistic.net/2023/07/24/rent-to-pwn/#kitt-is-a-demon
The fact that it's a felony to reverse-engineer and modify a car's software opens the floodgates to all kinds of shitty scams. Remember when Bay Staters were voting on a ballot measure to impose right-to-repair obligations on automakers in Massachusetts? The only reason they needed to have the law intervene to make right-to-repair viable is that Big Car has figured out that if it encrypts its diagnostic messages, it can felonize third-party diagnosis of a car, because decrypting the messages violates the DMCA:
https://www.eff.org/deeplinks/2013/11/drm-cars-will-drive-consumers-crazy
Big Car figured out that VIN locking – DRM for engine components and subassemblies – can felonize the production and the installation of third-party spare parts:
https://pluralistic.net/2022/05/08/about-those-kill-switched-ukrainian-tractors/
The fact that you can't legally modify your car means that automakers can go back to their pre-2008 ways, when they transformed themselves into unregulated banks that incidentally manufactured the cars they sold subprime loans for. Subprime auto loans – over $1t worth! – absolutely relies on the fact that borrowers' cars can be remotely controlled by lenders. Miss a payment and your car's stereo turns itself on and blares threatening messages at top volume, which you can't turn off. Break the lease agreement that says you won't drive your car over the county line and it will immobilize itself. Try to change any of this software and you'll commit a felony under Section 1201 of the DMCA:
https://pluralistic.net/2021/04/02/innovation-unlocks-markets/#digital-arm-breakers
Tesla, naturally, has the most advanced anti-features. Long before BMW tried to rent you your seat-heater and Mercedes tried to sell you a monthly subscription to your accelerator pedal, Teslas were demon-haunted nightmare cars. Miss a Tesla payment and the car will immobilize itself and lock you out until the repo man arrives, then it will blare its horn and back itself out of its parking spot. If you "buy" the right to fully charge your car's battery or use the features it came with, you don't own them – they're repossessed when your car changes hands, meaning you get less money on the used market because your car's next owner has to buy these features all over again:
https://pluralistic.net/2023/07/28/edison-not-tesla/#demon-haunted-world
And all this DRM allows your car maker to install spyware that you're not allowed to remove. They really tipped their hand on this when the R2R ballot measure was steaming towards an 80% victory, with wall-to-wall scare ads that revealed that your car collects so much information about you that allowing third parties to access it could lead to your murder (no, really!):
https://pluralistic.net/2020/09/03/rip-david-graeber/#rolling-surveillance-platforms
That's why your car spies on you. Because it can. Because the company that made it lacks constraint, be it market-based, legal, technological or its own workforce's ethics.
One common critique of my enshittification hypothesis is that this is "kind of sensible and normal" because "there’s something off in the consumer mindset that we’ve come to believe that the internet should provide us with amazing products, which bring us joy and happiness and we spend hours of the day on, and should ask nothing back in return":
https://freakonomics.com/podcast/how-to-have-great-conversations/
What this criticism misses is that this isn't the companies bargaining to shift some value from us to them. Enshittification happens when a company can seize all that value, without having to bargain, exploiting law and technology and market power over buyers and sellers to unilaterally alter the way the products and services we rely on work.
A company that doesn't have to fear competitors, regulators, jailbreaking or workers' refusal to enshittify its products doesn't have to bargain, it can take. It's the first lesson they teach you in the Darth Vader MBA: "I am altering the deal. Pray I don't alter it any further":
https://pluralistic.net/2023/10/26/hit-with-a-brick/#graceful-failure
Your car spying on you isn't down to your belief that your carmaker "should provide you with amazing products, which brings your joy and happiness you spend hours of the day on, and should ask nothing back in return." It's not because you didn't pay for the product, so now you're the product. It's because they can get away with it.
The consequences of this spying go much further than mere insurance premium hikes, too. Car telemetry sits at the top of the funnel that the unbelievably sleazy data broker industry uses to collect and sell our data. These are the same companies that sell the fact that you visited an abortion clinic to marketers, bounty hunters, advertisers, or vengeful family members pretending to be one of those:
https://pluralistic.net/2022/05/07/safegraph-spies-and-lies/#theres-no-i-in-uterus
Decades of pro-monopoly policy led to widespread regulatory capture. Corporate cartels use the monopoly profits they extract from us to pay for regulatory inaction, allowing them to extract more profits.
But when it comes to privacy, that period of unchecked corporate power might be coming to an end. The lack of privacy regulation is at the root of so many problems that a pro-privacy movement has an unstoppable constituency working in its favor.
At EFF, we call this "privacy first." Whether you're worried about grifters targeting vulnerable people with conspiracy theories, or teens being targeted with media that harms their mental health, or Americans being spied on by foreign governments, or cops using commercial surveillance data to round up protesters, or your car selling your data to insurance companies, passing that long-overdue privacy legislation would turn off the taps for the data powering all these harms:
https://www.eff.org/wp/privacy-first-better-way-address-online-harms
Traditional economics fails because it thinks about markets without thinking about power. Monopolies lead to more than market power: they produce regulatory capture, power over workers, and state capture, which felonizes competition through IP law. The story that our problems stem from the fact that we just don't spend enough money, or buy the wrong products, only makes sense if you willfully ignore the power that corporations exert over our lives. It's nice to think that you can shop your way out of a monopoly, because that's a lot easier than voting your way out of a monopoly, but no matter how many times you vote with your wallet, the cartels that control the market will always win:
https://pluralistic.net/2024/03/05/the-map-is-not-the-territory/#apor-locksmith
Name your price for 18 of my DRM-free ebooks and support the Electronic Frontier Foundation with the Humble Cory Doctorow Bundle.
If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2024/03/12/market-failure/#car-wars
Image:
Cryteria (modified)
https://commons.wikimedia.org/wiki/File:HAL9000.svg
CC BY 3.0
https://creativecommons.org/licenses/by/3.0/deed.en
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A Fair Warning
It was only a matter of time, and a long awaited and well deserved comeuppance, when Joker tried to hurt the wrong person or people.
Not everyone was going to play his games like 'Batsy' does. Not everyone will hesitate or let him live should he put his hands on someone to hurt them. Not everyone will believe Arkham could 'fix' him, he just needed more time and help.
No.
This time Joker bit off more than he could chew when he kidnapped the newly hired Arkham psychiatrist Jasmine Fenton (and he had plans, so many plans, for her. With her mixture of Harley's mind and her looks matching Gordon's daughter would sure to cause some chaos and pain in memories) and the girl's visiting sister Danielle 'Ellie' (and did he laugh when he noticed the 'Wayne' adoptive looks the girl had, on the fun he'll have, maybe he'll beat her the way he beat the second Robin just for funzie's, it'll no doubt upset Batman) from Jasmine's apartment.
He had plans to keep the Bats guessing where he was and by the time they reach him it'll be far to late for them to save either of the two girls, he had just sent the little video he taped to the Bats and the police to get the ball rolling...
So...
So why did a shiver run down his spine for the first time in years when they both looked unafraid (it was their eyes that made him shiver, a look of already dead yet somehow alive, something he never seen before. He's seen the light fade from people's eyes before yes, he's even laughed as he watch people desperately cling onto life only for it to fade into nothing as they took a final breath but never have he seen someone, something alive yet dead at the same time before. It, their eyes, held a natural yet unnatural sense as they stared at him, stared at everything that made him Joker and it unnerved him), honestly they looked very bored, and one of them (the youngest of the two, and the one with more of the look of death than life in their eyes) said with a chill tune in their tone.
"Last chance to back out of this Freakshows Reject. You wont like what'll be waiting for you."
The tone alone was enough to send another bone deep chill down Joker's spine.
But instead of listening to his natural instincts, the deep inkling of run blaring at him, Joker merely placed a grin on his face, ignoring the strain he felt from doing so, and said as nastily as he could in order to scare the two girls (BOTH OF THEM STILL LOOKED BORED WITH HIM?!?! Not even a twitch of fear!)
"OH? And pray tell what is awaiting little ol' me hum?"
His mocking question got a wide feral grin from the smaller girl, a grin with sharp teeth and iris eyes beginning to bleed slowly from sky blue to neon green with each second he stared at her and he barely stopped himself from jumping in his spot when Jasmine answered his question.
"Your end."
-x-x-
By the time the Bats get to the warehouse Joker had taken Dr. Jasmine 'Jazz' Fenton and Danielle 'Ellie' Fenton they were prepared for anything and everything to go wrong. As much as they held the tiniest bit of hope that the two young women were still okay they knew better than to really do, this was the Joker that had them after all.
They had manged to narrow down his location much quicker than normal when they gotten Joker's first video and his little 'game' he was setting the Bats on, most locations he gave them were going to be red herrings or traps to keep them busy and it would had worked. Batman and the others would had been searching for hours for even a hint of the clue of where the Joker and his hostages were actually being kept.
It was nearly, not really, a shame all of Joker's plans went to waste when Red Hood had stumbled onto something when scooping out Jasmine's apartment with Red Robin.
You see, not only were they looking for clues at first but something about the apartment Jasmine rented seemed off, Red Robin noticed it first and called in back up encase there was more to oldest Fenton than what they could dig up (oldest daughter of Dr's. Jackson and Madeline Fenton, grew up in a small Illinois town, straight A student and a goal to become a psychologist, has two younger siblings, etc etc) and their suspension raised up more when the moment Red Hood entered the apartment and seemed to freeze for a moment.
Red Hood couldn't really explain it but he said it felt like something was... strange. Not evil bad danger strange but it felt familiar? Like he was a kid again on the streets and had walked into someone else's territory but knew the person wouldn't be too much of a hardass about it as long as he didn't stur up trouble or disrespect. A kind of... as long as you don't fuck around you won't find out feeling.
It was because of this feeling that Jason had manged to stumble across something in the room, his instincts telling him there was more to it, and they had discovered a clunky old custom PDA hidden away in a false floorboard in the office room. Thankfully Red Robin, was there in person because the old thing apparently had a rather ingenious firewall to keep others (aka Hackers) OUT but it did nothing against someone who held the main thing.
But still it took Red Robin almost frying the damn thing to get to open up, turns out the ghost and star stickers on the PDA was a rather large hint of the pass code. Once Red Robin was in the PDA he noticed some rather interesting files, one of them labeled "Gremlin Tracking" with a tiny green blob with red eyes and a green outlined star as the icons.
Curiosity taking a hold on the most curious of the Bats he opened it up, hoping it would need another password, and watched as the screen split into two maps, one was... strange, there was no land marks or anything but the star icon seemed to be right in the middle of wherever it was and the only hint of anything was the name "baby brother" and the map labeled as IR.
The other one showed an above map of Gotham, before zooming into the city, heading towards some abandoned warehouses Red Robin knew of and stopped right at one. This was the green blob icon, the short abbreviation for Gotham in the corner of the map, and the name for the icon was 'baby sister'
Red Robin immediately got onto coms to tell the others of what apparently was a tracker for Jasmine's younger siblings. Some questioned why the young woman had trackers on her siblings, though some of the others snarked back that "oh didn't know keeping trackers on each other wasn't normal. Mind if I loose the one you got on me than?"
After a quick sweep into the warehouses camera feeds, the very few up that could be accessed, done by Oracle they quickly discovered that yes the tracking on the younger girl of the two, Danielle Fenton, was correct and that was where they and Joker were at.
Despite this, Batman decided that in order to make sure Joker didn't have suspicion that they already know his actual location he made sure to send a few of the others to the fake locations.
So here they were now, staking out the warehouse where they could see a few of the Jokers goons walking around and looking for a way into the building without alerting any of them. As they talked low into coms, Robin mentioning a possible way in for Red Robin by how small it was, Red Robin hissing back a "just because you got a growth spurt doesn't mean you can poke fun at my height you little-"
"Wait!" Red Hood suddenly hissed shouted, his tone startling the rest of them and they all turned their heads to him. Batman made a quick and harsh grunt as a way to say "report."
Under his helmet Jason's eyes were wide and wild. He could feel something, something huge was on the rise, like something was out of sight but the energy of it was felt.
And if Jason could feel it from his spot, the Jokers goons all felt the same thing from the way they all dropped their weapons, turned toward the warehouse and looked ready to bolt like scared animals.
Jason opened his mouth to explain but fell silent when the feeling suddenly popped. Whatever was causing the feeling was here and like the calm before the storm he could only watch as the first drop of rain fall.
The next thing they know, was the noise and the screaming.
It was inhuman, a mixture of noise and sounds to hard to explain. The closest they could explain was a thousand voices coming in all at once mixing with radio static that kept changing volume so only few words could be even hinted at, and the angry cawing of crows along with the flapping of their wings as they took flight. The noise was so bad that many who heard it nearly ripped their coms out, or covered their ears. Thankfully it only lasted a few seconds.
Then, the air itself shifted. It felt like the coldest of winter nights and bone chilling shivers ran down their bodies for a moment. The air was suddenly that sharp cold that hurt to breathe sometimes.
The goons surrounding the warehouse fled in fear. Many scrambling to get far, far away from whatever was happening. If they felt even a fraction of what Jason could feel, he could understand. He honestly felt like a small animal cornered by a predator and there was no escape.
Then just as suddenly as it happened, everything shifted again. The noise of Gotham returned to normal, cars honking, a stray cat hissing or a dog barking, police sirens in the distance, hissing steam from a nearby factory. The air went from winter cold to a chill mid winter harbor feel now.
Once everyone registered what had just happened and not wanting to waste anymore time they bolted towards the warehouse, cautious and alert in case they needed to fight. Batman went in first, quickly making his way to the area he knew Joker would be with the Fenton sisters and wondered just what the fuck was that? Did Joker do something? Was he messing with things outside of his usual MO?!
He walked into the room and stopped.
There was nothing.
The room was in fact the room Joker had used to record his first message to them, the layout was correct and the evidence of two people who had been tied up were still there as well, ropes that weren't cut sitting on them, a lone lamp light above shining down from above no doubt to emphasize the two girls were meant to be the 'stars' of Jokers latest show. Thing was, the two weren't there despite the fact Oracle swore she could see them a few mins ago from a camera set up in the room, she would later explain that she heard the noise as well and that all her tech had glitched hard.
The only other thing in the room was, sitting innocently on one of the chairs was a green sticky note and on a tiny pillow was a tiny sickly green orb with hints of purple, white, and red swirling in it.
A note they would later read the following message written on it after carefully examining it over.
'Joker learned not to touch what is mine to protect. Sorry not sorry, but hey one less killer clown and he was warned not my fault he didn't take it seriously... The massive amount of souls wanting to rip apart the Joker's soul into nothing was quite a sight to be honest.
They were so ruthless. Best not mess with the vengeful dead am I right?
PS. I left a tiny gift for Jason Todd aka Robin Two. It's the tiniest piece of Joker's soul left over after everyone else got done. He can finish it off since he's a reverent and all, and well they need their revenge filled in order to peacefully move on later or else they'll be stuck forever in a loop of madness and revenge. So yeah. Hope he likes the gift.'
D.P.'
It took Jason less than a second after those words were spoken out to reach for the orb, ignoring the cautious and alarmed cries of the others, and could feel deep, deep, deep in his own soul the absolute pure weeping joy as he threw the orb onto the floor, the bottom shattering thus it didn't roll away and stomped hard with his reinforced boots. Crushing the broken orb into more pieces and if one listened closely they could hear the pure screaming terror that came from it.
And Jason for the first time in years felt his rage finally leave him.
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