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They don’t have a reasonable expectation of buying a surveillance-safe new car because one does not exist.

Other than that I hear you. You’re talking about the reasonable expectation in someone’s head but I’m talking about the possibility even existing in the marketplace. I guess you could argue maybe the reality of the market is trumped by the opinion of a person as to the reality of the market. I’m not sure that makes sense (or that ut doesn’t).

I guess you’re saying “they do have that expectation” while I’m saying “regardless of anyone’s expectation, car manufacturers have all addressed the market in a way that makes the expectation false and therefore unreasonable.”



> You’re talking about the reasonable expectation in someone’s head

The legal concept of a person's "reasonable expectation" is literally this. But it doesn't really matter legally, because these systems are explicitly disclosed in the documentation that automakers provide.


That’s not correct: both the objective and subjective reasonable expectation are implicated. If the objective standard was not relevant, why would it matter if the manufacturer made the disclosure you mentioned?


> If the objective standard was not relevant, why would it matter if the manufacturer made the disclosure you mentioned?

We’re talking about it because you brought it up, but it generally does not apply to data privacy in the US.

Courts recognize that peeping toms can’t look into your window, but ad tech absolutely can track data about you, in your car, or even your home.




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