Netherlands The Latest To Propose Mileage Tax That Requires GPS For Tracking Driving

from the what's-wrong-with-the-gas-tax? dept

Matthew Cruse alerts us to the news that the Netherlands is the latest in a long line of governments that are considering a "mileage tax" that would require drivers to have GPS devices that track how far they drive, and then tax you for every mile driven. Various US states, including Oregon, California and Massachussetts have toyed with such ideas, and while some in Congress have pushed for it on a national scale, the Obama administration has come out against the idea.

There are lots of problems with the idea, including the privacy implications of the government collecting data on your driving habits. Plus, the massive expense of equipping cars with such devices should not be underestimated. But, the biggest question of all is why such a thing is needed at all. We already have taxes on fuel, which approximates the same thing (the more you drive, the more you pay) which doesn't have the same expense or privacy implications and has the added benefit that it helps encourage more fuel efficient driving. The idea to do a GPS-based mileage tax seems like one of those things that politicians come up with because they want more money, and they get infatuated with some new technology, without thinking through the implications (at all).

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Massachusetts Says Cops Need Warrant To Stick GPS Device On Your Car

from the that-makes-two-states dept

For the past few years, it's become increasingly common for police to put GPS devices on suspects' cars to track where they are. But, that's kicked up a bunch of legal questions concerning whether or not it's legal to do that without a warrant. So far, the courts have not really agreed. Earlier this year, we saw one court (a federal appeals court, 4th circuit) say that police didn't need a warrant, but then, just days later, a court in NY ruled the other way, saying that it was a violation of the 4th Amendment. Now, the state Supreme Court in Massachusetts has weighed in as well, again saying that a warrant is needed to put a GPS device on your car. So that makes NY and Massachusetts as states where police can't randomly stick GPS devices on your car. The other 48 states? Good luck...

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New Zealand Says You Can't Use Your Mobile Phone For Navigation While Driving

from the because-that-would-upset-the-GPS-device-makers dept

Brendan was the first of a few to submit the story that New Zealand is telling people that they can't use their mobile phones for navigation purposes, even if that phone is mounted on the dashboard like a regular GPS navigation device. Regular GPS devices are fine... but a mobile phone acting just like one of those devices? That's illegal. Why? No one seems to be saying, but you can bet the standalone GPS makers are happy about this... Update: Well, that was fast. Given public backlash, the gov't has already decided to back down and rewrite the laws to allow mobile phone navigation systems.

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Following Your GPS Over A Cliff Is No Excuse For Bad Driving

from the in-case-you-were-wondering... dept

Verve alerts us to the news that one of the many drivers who have been chronicled following their GPS over their own common sense has discovered that "following my GPS" is not an acceptable defense in court. In this case, the guy followed the GPS's commands down a "narrow cliffside path" until the car got stuck against a fence, overlooking a sharp drop. He's now been convicted of "driving without due care and attention." The prosecutor wasn't exactly kind, but apparently the following was convincing to the judges:

The path was not designed for motor vehicles yet Mr Jones slavishly continued to follow the satnav system to the point where his eyes and his brain must have been telling him otherwise to such a degree he was not exercising proper control of the vehicle

I might have been an idiot for taking the wrong road or carrying on but I have not driven without due care or attention.

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Encyclopaedia Britannica Loses Patent Battle... Yet Again

from the keep-it-up dept

Last year, we wrote about the incredible story of how Encyclopaedia Britannica had ended up with an infamous patent (5,241,671) and was using it to claim ownership over basic GPS functionality. The patent had originally been granted to Compton's back in 1993, and was insanely broad. Compton's quickly told the world that pretty much any and all multimedia systems out there (such as CD-ROMs) violated the patent. The outcry was so great that the commissioner of the patent office initiated the re-exam of the patent himself, and eventually tossed out the whole thing. But, as things go, there was some back-and-forth, and eventually a few greatly narrowed claims were allowed. EB ended up with the patents as an investor in Compton's, and then not only got some other patents based on the 671 patent, but claimed that they could be asserted against GPS systems. And, just like that, rather than doing something useful, like figuring out how to compete with Wikipedia, Encyclopaedia Britannica started filing bogus patent infringement lawsuits.

We wrote about it last November to note that a court had thrown out the entire 671 patent as invalid. While EB is appealing that ruling, it also pushed ahead with the lawsuits based on the other patents it had received that were built on the 671 patent. However, Slashdot alerts us that the same court that tossed out the 671 patent has now dumped these two patents as well. EB, of course is expected to appeal this as well.

This seems like a subject that could use a decent Wikipedia entry, doesn't it?

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Couple Taken 400 Miles Off Course By Trusting Their GPS

from the at-some-point,-don't-you-begin-to-question... dept

It really is amazing to see some of the stories about people shutting off their brains (and often their own eyes) in order to believe everything that their GPS device tells them. The latest example involves some Swedish tourists in Italy, who wanted to go to Capri, but mistyped it into the device as Carpi, an industrial town in Northern Italy, 400 miles away from the beautiful isle of Capri. Apparently, it didn't occur to them as they drove (and drove and drove) that perhaps things weren't right. According to tourist officials, after being informed, the couple got back in the car, and turned around to head in the right direction.

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New Jersey Politician Adds Most GPS Devices To Driver Distractions To Ban

from the sigh dept

We've pointed out time and time again how silly it is for politicians to run around trying to ban each and every driver distraction, rather than just focusing on beefing up laws for reckless driving. There have been laws or proposals against driving while talking on a phone, texting, viewing a video screen, faxing, eating, shaving, playing video games and even having sex. And now, Comboman alerts us to a proposal in New Jersey to ban drivers from using GPS devices that require manual programming. Instead, drivers could only use those with voice control features. Next up? Who's going to ban adjusting the radio dial or the air conditioning?

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And Yet Another 'Anonymous' Dataset Proves To Be Not Anonymous

from the how-it-goes dept

For years, we've been pointing out that there's really no such thing as an anonymized dataset. There's almost always ways to associate data back to people. We've seen it happen over and over again as companies claim they're releasing an anonymous dataset, only to discover later that it's not so difficult to re-nomynize it. In fact, there was even a recent paper on how to re-identify people based on an anonymous data set. So perhaps it should come as no surprise that yet another "anonymous dataset" has been shown not to be very anonymous. This time, it's about GPS data that was supposed to be scrubbed of identifying info, but some researchers have found that it's not hard to put that data back together, knowing that the two main places people go are home and their office. With that info, you could pretty easily uniquely identify people. Among the many reasons why this could be important? All those silly efforts by politicians to force drivers to install GPS devices in order to tax their driving habits. They always insist the data won't be used for tracking, but even if they're well intentioned, you can see how the data can be abused.

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Another Court Says Police Don't Violate The Law In Putting A GPS Device On Your Car

from the tracking-you-in-public? dept

We first discussed this issue way back in 2003, wondering whether it was really a violation of privacy for police to put a GPS tracking device on a suspect's car. In 2005, a court said it was perfectly legal, though there were concerns about what this meant. We're seeing the same concerns as another court has ruled the same way. The reasoning and the logic is effectively the same: if you are traveling on public roads, anyone could (theoretically) drive behind you and see where you are going -- even without a warrant. So is it really a violation of privacy if that tracking is done by a little black box attached to your car instead of a big black box with four wheels?

Of course, the flipside to that, is that if you are driving you can also see (for the most part) if there is another car following you and that other car cannot follow you onto private property that you own. A hidden GPS device is quite different on those points. So while the courts seem to be coming down on the side of this not being a violation of privacy, I can definitely see where privacy advocates are troubled by these rulings. The fact that they effectively suggest the police can simply put a hidden GPS device on any car for no reason at all raises plenty of questions -- especially in an era when information can and is regularly abused.

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Another Driver Chooses To Believe GPS Over The Reality Of A Cliff

from the the-machines-are-taking-over dept

Ah, yet another tale of a British driver turning on his GPS unit and turning off his brain: a guy in Yorkshire left his car teetering over the edge of a cliff after blindly following his GPS down a narrow, steep path. The GPS said it was a road, and the driver seems to have let that override his common sense, as plenty of people are wont to do. Drivers often like to blame the technology for taking them down some treacherous path, but it's not as if the device simply suggested a suboptimal route, or drove the car itself. The infallibility some people see in technology is troubling, since they seem to see things like GPS units as perfectly acceptable replacements for their brains.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

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Tracking Sex Offenders With GPS Isn't A Bulletproof Solution

from the panacea? dept

A 13-year-old girl in Washington was killed last month by a registered sex offender who was being monitored with a GPS tracking device. The tragedy illustrates how such tracking devices -- whether fitted to criminals or children -- aren't magic bullets that offer total protection. In this case, the GPS device helped police corroborate the killer's confession, but it didn't stop the crime. He was being tracked passively, not in real-time, but even if he were, the fact that he was in a field wouldn't have helped anyone notice that he was trying to rape, and then killing, the girl. The devices may prove useful from an evidence standpoint, but that's only after a crime is committed. Perhaps part of the intention is that they'll also act as a deterrent, though sadly that wasn't any help in this case. Whatever the intention, it's important to remember that the devices themselves really don't offer much protection, and shouldn't be viewed as standalone solutions to preventing crime.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

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Massachusetts Wants GPS Driving Tax, Too

from the big-brother dept

For several years, authorities in Oregon have been pursuing a plan to put GPS units in every car in the state to track and tax drivers' mileage. Now, Massachusetts wants to get in on the act, and replace its gas tax with a mileage-based tax (via Boing Boing) generated by GPS units in cars. The state wants to ditch its gas tax because rising fuel efficiency is leading to decreasing tax revenue, so the new plan would instead charge drivers a quarter of a cent for each mile they drive. The state's governor is talking not just about boosting tax revenue, but says he likes ideas that are "faster, cheaper, simpler." It's not clear how replacing the current gas tax by forcing drivers to install GPS trackers in their cars and building an infrastructure to gather data from them, then assess and collect a mileage tax will be fast, cheap or simple. This doesn't even mention the myriad privacy concerns of giving state employees access to records of Massachusetts drivers' activity. This idea continually pops up, whether as a tax idea or a new way to charge for auto insurance -- but it never seems to hold any more value beyond a soundbite.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

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It's Baaaack. Oregon, Once Again, Pursuing GPS Driving Tax

from the bad,-bad-idea dept

It's been well over five years since we first heard about a plan in Oregon to attach GPS devices to cars and tax drivers based on how much they drove and the idea hasn't become any better in the intervening years... but apparently it's still being pushed. Against Monopoly points us to the latest report that Oregon's Governor is trying to move forward with the plan. One of the reasons behind the bill has nothing to do with a more efficient way to tax drivers, but because the state is gaining less revenue from its gas tax since there are more fuel efficient cars on the roads these days. Of course, rather than reward drivers for driving more fuel efficient cars, this sort of tax punishes them, and actually encourages the use of less fuel efficient vehicles. And, of course, that doesn't even begin to get into the potential (and likely) privacy problems brought about by any system whereby the government has full access to a GPS system on your car.

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Patent Lawsuit So Bogus That The Judge Ordered Sanctions And Attorney's Fees Paid

from the about-time dept

There are an awful lot of bogus patent lawsuits out there, but even when the lawsuits are tossed out it's very, very rare for a judge to order the plaintiffs to pay the legal fees of the defendants. However, in Illinois it just happened. Joe Mullin has the story of a patent that was quite clearly limited to an infrared camera linked to a GPS system. The patent examiner required the inventor to include the word "infrared" before declaring the patent acceptable and non-obvious. Yet, that didn't stop the patent holder from suing LG, Pantech and Disney for the Disney mobile phone service that let parents track where their kids were. The product was a huge commercial failure, but those are three big companies worth suing for infringement.

However, the judge noted, sternly, that the patent holder and the law firm that was handling the case (which had also worked on the patent) clearly decided to ignore what the patent actually said about it being for infrared cameras. This practice is more common than it should be. Even when claims are written to be narrowly focused, there's always some wiggle room, and many patent holders bring lawsuits on technologies that are pretty far from what's in the claims -- usually hoping that the accused will settle rather than take the issue to court. In this case, though, the judge pointed out that it was clearly a frivolous lawsuit, and ordered the defendants get reasonable costs and attorneys' fees. If this happened more often, maybe we'd see fewer ridiculous patent lawsuits.

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Encyclopaedia Britannica Fails In Attempt To Revive Infamous Multimedia Patent

from the the-sum-of-all-human-knowledge dept

Last year, we pointed out how rather ironic it seemed that a company like Encyclopaedia Britannica, who is supposed to be in the business of spreading knowledge, would sue GPS makers for patent infringement. However, at the time, we were unaware of the history of the patents in question. Joe Mullin, over at The Prior Art, has the full story, including the fact that the case relied on a rather infamous patent, that gave many folks a preview of future patent battles to come.

The patent in question was about doing searches on CD-ROMs and was granted in 1993. The original patent holder, Compton's, claimed that: "Everything that is now multimedia and computer-based utilizes this invention," and noted, of course, that basically everyone in the industry now owed it money. The outcry over this was so great that the commissioner of the patent office initiated a re-exam by himself, eventually getting all of the claims of the patent rejected. However, with some back and forth, eventually greatly narrowed claims were approved in 2001. In 2005, EB, who had taken control over the patent (it had been an investor in Compton's) decided that the patent applied to GPS systems, even though it's pretty clear that the patent had nothing to do with GPS systems.

After a few more years of battling, the good news is that a court has, once again, found the patent to be invalid, more or less (hopefully) closing the book on this patent, but demonstrating how the patent system has been misused yet again. The original patent was clearly way too broad, and it took years to get that worked out. And, then, even the eventually-allowed patent was asserted against totally different systems, only to finally be brought down years later. While some patent system defenders may suggest that the system works, since the eventual outcome was okay, there was an awful lot of time, money and effort wasted on all of this that could have gone towards actual innovation.

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Is Bell Canada Going To Purposely Screw Up GPS Signals To Harm Competitors?

from the get-lost dept

It's good to have market power, apparently. Remember how Bell Canada started throttle bandwidth to its reseller partners without telling them? And then told them to shut up and take it when they complained? Oh, right, and then tried launching its own video download store just as it was making it more difficult for anyone else's to work? Apparently, the company may be doing that again... Michael Geist points us to reports that Bell Canada is looking to purposely degrade the GPS signal on certain Blackberrys for anyone using third party mapping programs, such as Google's. However (wouldn't you know it?), Bell is promising to allow the GPS to work properly if you pay the company $10/month and use Bell's own mapping solution.

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Scott Harris Back To Suing Over Patent Infringement

from the gotta-make-a-living-somehow,-huh? dept

We had just mentioned Scott Harrison recently as an extreme example of patent attorneys getting their own patents and suing. In Harris' case, the trouble began when it was discovered that he (through a shell company) was even filing patent infringement lawsuits against some of the clients of his own law firm. He was fired and a lawsuit quickly followed. That lawsuit was settled just last month, and Harris wasted little time suing more companies over his patents. In this case, the patents in question involved a system and a method for making use of traffic data on a GPS system. He's sued eight GPS makers, claiming there are "a lot of companies are infringing my patent."

Interestingly, he also notes: "When I thought of this and tried to put it into practice, it was pure science fiction." That would seem to raise questions about the legitimacy of his patents. If it was pure science fiction, then it would suggest that he wasn't able to put it into practice (and, certainly, he does not seem to be actively engaged in the market). If that's the case, then he would have effectively just patented "science fiction" and is now suing the companies that actually figured out how to turn science fiction into reality. Since they're the ones who made the leap (and took the risk in building the products and bringing them to market), why should Harris get to put a tax on them?

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GPS Device Data Increasingly Being Used By Police To Determine Where You Were

from the privacy-schmivacy dept

Late last years, the news broke that law enforcement officials had figured out a neat little loophole to obtain location data on you without having to seek a warrant on you using the probable cause standard. Instead, they're seeking warrants not on the individual, but on the companies that may have data on your location, which only requires a magistrate judge's approval, and no showing of probable cause. So, how is this playing out? Well, reader JB points us to the news of a sudden growth in lawsuits where police are using data from GPS units to help convict people based on their location at the time of the crime. Since the police can get that data directly from the company without needing to show probable cause, it's much easier for them to get the data to convict people or push them into plea bargaining. So, while those turn-by-turn directions may be useful, recognize that they may also be used by the police against you in court.

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300,000 UK Motorists Say GPS Lead Them Into Danger -- But Not All Of Them Followed

from the if-your-gps-told-you-to-jump-off-a-bridge,-would-you-do-it? dept

Drivers in the UK seem to really have a problem with completely relying on GPS navigation directions. But it's hard to believe the headline that GPS devices caused 300,000 crashes for motorists across the pond. Based on a quick search, the UK's Department for Transport reported less than 500,000 traffic accidents in 2001 on all the roads in the UK. So unless the number of traffic accidents has skyrocketed over the last few years, it would seem that GPS devices are to blame for a significant number of vehicle accidents. (It's not clear over what time period those 300,000 GPS-caused accidents occurred -- but presumably those 300,000 crashes didn't start happening in the 1980's.)

However, the UK poll actually says that one in fifty UK drivers -- about 300,000 motorists -- blames GPS for causing or nearly causing an accident -- which is hardly the same thing as GPS devices causing 300,000 accidents. But even so, if the poll numbers are accurate, it also seems amazing that there isn't a follow-up headline regarding a class action lawsuit against these "dangerous" GPS devices. Clearly, there are a sizable number of drivers who need more reminders that automated directions are not 100% reliable. Given the somewhat saturated GPS device market, maybe more safety features should become a differentiator -- instead of novelty Knight Rider voices and navigators disguised as teddy bears.

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GPS Data Used To Disprove Radar Gun In Speeding Trial

from the not-so-fast dept

Over the past couple months, we've pointed to the misuses of technology to enforce traffic laws, particularly red light cameras which often end up causing more accidents or allow municipalities to decrease the yellow light time and increase ticket revenue. Last fall we noted the case of a teenager who was challenging another technological traffic enforcement: radar guns -- and he was using a different technology to do so: his GPS system. Now, the 18-year old driver has successfully contested that speeding ticket which he was issued for allegedly traveling 62 mph in a 45 mph zone.

Luckily for the teen, his car had an advanced GPS system which not only provided directions but measured velocity to "within 1 mph." After receiving a trial and bringing a GPS expert to testify to the accuracy of the device, the $190 ticket has been dismissed. What is not clear is why the police officer's radar gun output was more than 1/3 inflated (though this is hardly an isolated incident). Also, as a number of people have pointed out, similar GPS data, if widespread, could also come to serve as critical evidence in convicting traffic law violators instead of providing a check on state authority.

Kevin Donovan is an expert at the Insight Community. To get insight and analysis from Kevin Donovan and other experts on challenges your company faces, click here.

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