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@Blaine&Andrew:
I am not an expert on this. However, my understanding is that a Congressman in Massachusetts and the ACLU are upset about EDRs, and they want to make sure there is legislation to protect the consumer because, as pointed out above, you own the data. Also, because of First Amendment rights.
My understanding is also that the EDR is like a "black box" recorder on an aircraft. It is logging data of a kind above and beyond error codes, including what's going on in the cabin (e.g., whether or not there is a passenger sitting on the passenger seat).
Could they tell there was a snowplow on the road at the time of the incident? I don't know. Can some cars tell where the curb is and park themselves? Yes.
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