Don't Take the E-Z Pass Lane to Loss of Privacy!
Ah, progress.
Throwing coins in a toll collection basket as you drive down the expressway is so 20th century.
But about a decade ago, as we left the 20th century behind, highway engineers dreamed up a system to allow drivers to travel on toll roads without stopping to pay tolls.
And so were born "E-Z Pass," "Fast Lane," and similar electronic toll collection systems. To participate, you open a prepaid account, and then receive special tags for your vehicle's windshield. When you drive through a suitably equipped toll plaza, your account is automatically debited for the toll.
No need to stop. No need to fish for quarters in your pocket. And no need to roll down the window to confront toll-booth Tammy. No wonder E-Z Pass is popular!
But not many people asked about the legal status of the toll records. Prosecutors and plaintiff's lawyers quickly saw the potential of using these records in civil litigation.
For instance, they might be useful at proving that instead of staying downtown to work late at the office, like you told your spouse, you actually passed through an E-Z Pass toll plaza a stone's throw away from the Cheatin' Heart Motel.
As Jacalyn Barnett, a New York divorce lawyer, says, "E-Z Pass is an E-Z Pass to divorce court, because it's an easy way to show you took the off-ramp to adultery."
Now a few privacy advocates are shocked - yes shocked - that electronic toll records could be used this way.
I'm not sure why they're surprised. In the 1970s, the Supreme Court ruled in a series of cases that you have no "expectation of privacy" with respect to your banking records, your telephone dialing records or any other record turned over to a third party.
This status can be modified by contract or by law, but no contract or law that I know of creates an "expectation of privacy" for toll records.
In any event, rather than be "shocked" by this invasion of privacy, there's a simple solution if you don't want your toll records turned over to anyone with the legal authority to issue a subpoena. Stop your car, roll down the window, fish for some quarters, and throw them in the toll basket.
Just don't miss the basket. Toll-booth Tammy may not be any friendlier than she was a decade ago.
Ah, progress.
Throwing coins in a toll collection basket as you drive down the expressway is so 20th century.
But about a decade ago, as we left the 20th century behind, highway engineers dreamed up a system to allow drivers to travel on toll roads without stopping to pay tolls.
And so were born "E-Z Pass," "Fast Lane," and similar electronic toll collection systems. To participate, you open a prepaid account, and then receive special tags for your vehicle's windshield. When you drive through a suitably equipped toll plaza, your account is automatically debited for the toll.
No need to stop. No need to fish for quarters in your pocket. And no need to roll down the window to confront toll-booth Tammy. No wonder E-Z Pass is popular!
But not many people asked about the legal status of the toll records. Prosecutors and plaintiff's lawyers quickly saw the potential of using these records in civil litigation.
For instance, they might be useful at proving that instead of staying downtown to work late at the office, like you told your spouse, you actually passed through an E-Z Pass toll plaza a stone's throw away from the Cheatin' Heart Motel.
As Jacalyn Barnett, a New York divorce lawyer, says, "E-Z Pass is an E-Z Pass to divorce court, because it's an easy way to show you took the off-ramp to adultery."
Now a few privacy advocates are shocked - yes shocked - that electronic toll records could be used this way.
I'm not sure why they're surprised. In the 1970s, the Supreme Court ruled in a series of cases that you have no "expectation of privacy" with respect to your banking records, your telephone dialing records or any other record turned over to a third party.
This status can be modified by contract or by law, but no contract or law that I know of creates an "expectation of privacy" for toll records.
In any event, rather than be "shocked" by this invasion of privacy, there's a simple solution if you don't want your toll records turned over to anyone with the legal authority to issue a subpoena. Stop your car, roll down the window, fish for some quarters, and throw them in the toll basket.
Just don't miss the basket. Toll-booth Tammy may not be any friendlier than she was a decade ago.
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