Lawsuit: Images were shared "for the tasteless entertainment of Tesla employees."
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We shall see about how fast employees were disciplined over it. But from what we've heard so far, both the number of employees who were engaged in inappropriately viewing/sharing these images AND the length of time they were doing it would highly indicate that it went well beyond just random low-level employees secretly doing this.No kidding. But there's a big difference between scenarios:
A) Tesla surreptitiously recorded people in what they expected to be a private place and
B) Tesla recorded people with their consent, but those recordings were misused
In (B), it will matter a lot if/how/how promptly Tesla disciplined the offending employees. If the answer is "not at all", that's one path. OTOH, if they were disciplined promptly once management was made aware, then they may not be in much trouble at all.
In (A) of course, they shouldn't have the recordings in the first place, and so need to punished severely.
I'm not a lawyer, everything I've written may be 100% legally wrong. I'm interested in the opt-in question because that's what I'm see wherever I look, but I'm not a Tesla owner so I don't know for sure.
It probably works much like a Ring camera and just sends any motion-detected video into the cloud for customers to view on their cell phones.As a current software engineer and having spent over a decade of flightline/backshop aircraft avionics repair, this was my first thought as well. There should be no real operational reason to collect and store this data. Whatever reason they have for building this feature to collect this data is likely for some other sort of non-customer use. At a minimum they should have to explicitly request consent for this up-front. Honestly, I don't really want any sort of internet connectivity built into my car.
Can you explain what it can do? I'm curious and don't have a Tesla.Does not do that, but might have done that in the past. Source: I have a '23 model 3 and use sentry all the time when parked.
I covered it in other post, pings my phone saying "sentry event occured", i open up app and can view the live stream of whats happening to my car. Or i can walk to my car and on the usb stick in the glovebox (which is only opened by the app when the car is on, has no handle) has the movie file saved. So like if a person keyed the car it would be on thereCan you explain what it can do? I'm curious and don't have a Tesla.
If you have such problems in your own driveway or garage, you have problems no car camera is going to solve.
And, again: what sort of "training" is being done that justifies uploading these videos to Tesla servers? The incidents you're citing are incidents of vandalism; Tesla learns nothing from these, even if they serve some purpose for the individual owner.
Class actions are primarily designed to allow a group with small, easily determined claim amounts to seek compensation. The individual awards are low because the individual damages are low. The attorneys fees are typically determined by an hourly rate, and are going to correspond with the amount of work and overall benefit to the class, not to any one individual. My go to example is a bank that takes $1 from a million customers. Each customer on its own doesn't have a claim that is economical to bring in a lawsuit. Class actions allow those sorts of claims to proceed.Maybe. Maybe not. Privacy laws in the US are pathetically weak, and class action suits most always occur to reward the lawyers who preside over them, leaving pennies for the actual individual victims to squabble over even if the suit succeeds.
I see your other comment and assuming it's accurate, this seems like a solved issue. Thanks!I covered it in other post, pings my phone saying "sentry event occured", i open up app and can view the live stream of whats happening to my car. Or i can walk to my car and on the usb stick in the glovebox (which is only opened by the app when the car is on, has no handle) has the movie file saved. So like if a person keyed the car it would be on there
It can, and does, still send the video data to Tesla if you opt in, just not everything.I covered it in other post, pings my phone saying "sentry event occured", i open up app and can view the live stream of whats happening to my car. Or i can walk to my car and on the usb stick in the glovebox (which is only opened by the app when the car is on, has no handle) has the movie file saved. So like if a person keyed the car it would be on there
Remember that the attorneys aren't being paid up front. The only payment they get is what the settlement or judgement awards them. And out of that money, they have to pay office rent, pay the salaries of secretaries and paralegals, pay for travel to and from depositions, pay for stenographers for those depositions, pay for expert witnesses, etc, etc, etc. It's not, "Oh, they were awarded millions of dollars in attorney's fees; they're right."But surely you see the perverse incentive here:
The payout disparity between the attorneys and the class members means that the attorneys can settle quickly for an amount that’s substantial for them and insultingly trivial for the class members.
I’m not saying that happens every time, but neither should we pretend that class actions are a shining example of legal symbiosis.
Its not entirely accurate. There is still video data that is sent to Tesla if you opted-in. See my other reply.I see your other comment and assuming it's accurate, this seems like a solved issue. Thanks!
The recordings are useful for when people "key" or otherwise damage the car.
edit: I've seen recordings of kids kicking and attempting to unplug the charger of a charging tesla in a parking garage. Some people let their anger at Elon, or at electric cars maybe getting good parking spaces, or even jealousy, get them in trouble.
If I had a Tesla (and a garage, for my neighbors sake), I'd stroll on by in my finest underoos out of sheer spite.Location, location, location.... the idea that Tesla employees--or those of any company--might be sharing videos from a car securely parked in my garage because my wife might walk past it in her underwear to grab a soda from the refrigerator is an egregious violation of human decency and trust. We don't have a Tesla, and now never want one.
And for the record, I have accessed the garage refrigerator, absent the underwear.
There are controls for that. In the federal system and pretty much every state class action system I know of, the judge has to approve any settlement, including the fees to the attorneys. Fees are usually based off of "lodestar," which is basically an hourly rate for the time actually worked and documented. There is also a mechanism for class members to opt-out or object if they believe either the settlement is unfair or the attorneys are receiving too much money.But surely you see the perverse incentive here:
The payout disparity between the attorneys and the class members means that the attorneys can settle quickly for an amount that’s substantial for them and insultingly trivial for the class members.
I’m not saying that happens every time, but neither should we pretend that class actions are a shining example of legal symbiosis.
The problems noted took place in garages and driveways. Why is Tesla bent on filming people in their own private residences?Do you only park your car in your own driveway or garage? You never drive somewhere and exit the vehicle?!
I suppose they could include a geofenced deactivation feature. I imagine sentry mode to be a toggle that you set once and forget.
IANAL or judge or associated with the legal profession in any way, but... seems to me that if Company A gets sued, during the course of the lawsuit it comes out the company has been running the HR and legal departments on the lean side which contributed to it... if Company A is sued again for something similar and they still haven't addressed the shortfall in the HR/legal headcounts, it should be assumed by the court that the company is intentionally turning a blind eye to bad behavior by employees and that should automatically double (at least) any damages.We shall see about how fast employees were disciplined over it. But from what we've heard so far, both the number of employees who were engaged in inappropriately viewing/sharing these images AND the length of time they were doing it would highly indicate that it went well beyond just random low-level employees secretly doing this.
Tesla also has the issue of losing multiple prior lawsuits that claimed the company has a massive shortfall of employees in HR and Legal supervisory roles, and has done little to nothing to address it. They try to claim that this was going on without the knowledge of management, plaintiffs will have a peach of a counter to that in noting the repeated prior failures in management catching other bad actors.
even if there are legit reasons to store those footage on tesla servers, that kind of footage should never be stored in a way that can be viewed by employees without permission. Even if they have permission to view that footage, they should not be passing it around.No kidding. But there's a big difference between scenarios:
A) Tesla surreptitiously recorded people in what they expected to be a private place and
B) Tesla recorded people with their consent, but those recordings were misused
In (B), it will matter a lot if/how/how promptly Tesla disciplined the offending employees. If the answer is "not at all", that's one path. OTOH, if they were disciplined promptly once management was made aware, then they may not be in much trouble at all.
In (A) of course, they shouldn't have the recordings in the first place, and so need to punished severely.
I'm not a lawyer, everything I've written may be 100% legally wrong. I'm interested in the opt-in question because that's what I'm see wherever I look, but I'm not a Tesla owner so I don't know for sure.
...and for Tesla employees to point and laugh at, pass around the office, and deface.It probably works much like a Ring camera and just sends any motion-detected video into the cloud for customers to view on their cell phones.
Same here, and that goes for "smart devices" in general. I do like that smaller outfits are starting to trend towards central PCs in a home that are the only piece that even can connect to the internet for such things. You know, basically how we imagined smart homes working in those "world of tomorrow" videos in the 50's.As a current software engineer and having spent over a decade of flightline/backshop aircraft avionics repair, this was my first thought as well. There should be no real operational reason to collect and store this data. Whatever reason they have for building this feature to collect this data is likely for some other sort of non-customer use. At a minimum they should have to explicitly request consent for this up-front. Honestly, I don't really want any sort of internet connectivity built into my car.
Exactly. And there is an opt-out. But what's not clear is whether this opt-out was respected or ignored. I haven't been able to find a clear answer to that. Also, that out-out should really have been an opt-in, with opt-out as the default for all vehicles.You can also stream the feeds from the cameras in real-time to your phone when it's parked and Sentry Mode is enabled. That can only work if they're cloud connected.
If I recall correctly, there's also an option to donate your camera images for the purposes of training its AI. You can opt-in/opt-out. If I'm remembering right (can't check as I'm at work and I'm not going to go out to my car to look just for the sake of an internet post), what they did was very likely a violation of the user agreement in that case.
The trend to sticking internet functionality into everything is everywhere. Half of the reason in most cases appears to be utter laziness in regards to the engineering teams for many of these products (near as I can tell). It is simpler nowadays with many of the software tools to write back-end cloud services than to do the same with firmware. It also means they can have more bugs and fix them on their server rather than needing to push out firmware to end-users. But it still makes for a garbage product much of the time in my opinion.Same here, and that goes for "smart devices" in general. I do like that smaller outfits are starting to trend towards central PCs in a home that are the only piece that even can connect to the internet for such things. You know, basically how we imagined smart homes working in those "world of tomorrow" videos in the 50's.
Look upthread - at least one Tesla owner has stated that it is opt-in. That does not address the internal misuse, however.Exactly. And there is an opt-out. But what's not clear is whether this opt-out was respected or ignored. I haven't been able to find a clear answer to that. Also, that out-out should really have been an opt-in, with opt-out as the default for all vehicles.
What's in everything everywhere is data collection. It's because companies can make good money selling your data to others, and there's nothing you can do about it because in the US you don't own your own personal information.The trend to sticking internet functionality into everything is everywhere. Half of the reason in most cases appears to be utter laziness in regards to the engineering teams for many of these products (near as I can tell). It is simpler nowadays with many of the software tools to write back-end cloud services than to do the same with firmware. It also means they can have more bugs and fix them on their server rather than needing to push out firmware to end-users. But it still makes for a garbage product much of the time in my opinion.
A while back I bought a couple smart light-bulbs for our bedroom. They are app controlled and you can change colors have a dimmer slider, etc. They can use bluetooth, but they mainly use wifi and require a freaking login. There is literally zero reason to add an account layer and cloud server. It's a goddamn light bulb! All I need from a FANCY light bulb is to turn on/off and let me set some mood lighting. The internet connectivity and account layer only make this thing harder to use as now I have trouble using my light-bulbs if my wifi is having issues...
I feel that we as a people continually get more technologically advanced while also getting dumber in how we think to apply just about any technology.
I can't recall 100%, but I'm pretty sure when we picked up our car at delivery, we were opted in and had to go into the car's menu to opt-out. I also seem to recall that at least one or two updates pushed by Tesla have reset our opt-out before. I wish I had taken note of this so I could be more specific and certain.Look upthread - at least one Tesla owner has stated that it is opt-in. That does not address the internal misuse, however.
edit: by “it”, I’m referring to sharing video with Tesla
I do see the incentives you're talking about. I've often heard that sort of complaint about class action lawsuits and it has merit. What I haven't heard is an alternative that's better than class action lawsuits, or changes to the class action process to help alleviate that issue.
Do you have any suggestions?
I'm certainly not claiming that class actions are great and wonderful and flawless. But I don't really see a better alternative for the types of cases they are designed for.
“An institution is the lengthened shadow of one man.” - EmersonI feel like there's a weird process by which the personality of the founder comes to permeate the entire organization. Like, Apple took on Jobs' fastidiousness, obsession with detail, and idiosyncrasy, Amazon took on Bezos' obsessive optimization and suffocating ambition, Zuck's creepy, predatory blandness suffused Facebook.....and Elon's personality, which is basically that of a particularly odious, 4Chan-obsessed, socially maladroit eleven year old with no parental controls enabled on his internet browser, became that of Tesla.
No kidding. But there's a big difference between scenarios:
A) Tesla surreptitiously recorded people in what they expected to be a private place and
B) Tesla recorded people with their consent, but those recordings were misused
In (B), it will matter a lot if/how/how promptly Tesla disciplined the offending employees. If the answer is "not at all", that's one path. OTOH, if they were disciplined promptly once management was made aware, then they may not be in much trouble at all.
In (A) of course, they shouldn't have the recordings in the first place, and so need to punished severely.
I'm not a lawyer, everything I've written may be 100% legally wrong. I'm interested in the opt-in question because that's what I'm see wherever I look, but I'm not a Tesla owner so I don't know for sure.
As is what we have learned about what Tesla employees were sharing.
no the tesla camera does't work like that.It probably works much like a Ring camera and just sends any motion-detected video into the cloud for customers to view on their cell phones.
Don't think for a moment I haven't done that, albeit without the Tesla give the eleven exterior cameras my neighbors have. I have no problems taking trash out with my PJs on--which rarely include a top.If I had a Tesla (and a garage, for my neighbors sake), I'd stroll on by in my finest underoos out of sheer spite.
No user agreed to what Tesla was doing with their data.