Is your car spying on you?

It was only a matter of time. For several years, electronic devices in cars have monitored acceleration and braking to save fuel and improve safety. Now, they're saving some of that data to give automakers and police a better idea of how you drive.

So far most of the devices record the last five seconds of readings before a crash, for example, a little like flight-data recorders in airplanes. The information has proven extremely useful to auto designers and accident investigators. It's also being used to prosecute drivers.

"The problem is most people don't realize these devices are in their vehicle," says Eric Skrum, spokesman for the National Motorists Association in Madison, Wis. "That information can be used against you, and there's no sort of regulation about who owns that information."

Already, drivers have had data from their own cars used to convict them. Last month, Danny Hopkins of New York was sentenced to 5 to 15 years in prison for killing Lindsay Kyle after the black box in his Cadillac CTS indicated the car was going 106 miles per hour five seconds before the crash. Investigators originally thought the car was going only 65 to 70 miles per hour. In St. Louis, Clifton McIntire of Phippsburg, Me., pleaded guilty to manslaughter last month after the black box in his GMC pickup revealed that he was going 85 miles an hour before he slammed into the back of a Toyota.

Today an estimated 30 million cars contain these "black boxes" - they're actually silver - known as event data recorders (EDRs). Most record simple data such as whether airbags deployed or if passengers wore seatbelts. But most cars from General Motors and Ford, as well as some Toyotas and Hondas, track even more information, including vehicle and engine speed, and whether the driver was accelerating or braking.

Automakers say they want this information to help improve safety equipment. "The main purpose of the EDR is to get data after a crash to help us understand how the airbags worked," says Alan Adler, manager of product-safety communications at General Motors in Warren, Mich. "The privacy of our customers is very important to us, but [the device] doesn't record anything that isn't true."

Without EDRs, investigators frequently don't have enough data to pinpoint the cause of an accident, says Joe Osterman, director of the Office of Highway Safety at the National Transportation Safety Board (NTSB) in Washington. That was the case when an elderly man killed 20 people when his Buick plowed into a farmers market in Santa Monica, Calif. in 2000. The driver said he was braking. Witnesses and investigators said he was accelerating.

While what exactly happened in the moments before the tragedy remains a mystery, the NTSB went on record afterward saying EDRs should be mandatory in all cars sold in the United States.

The NTSB, however, doesn't have the authority to mandate black boxes. The National Highway Traffic Safety Administration does. It proposes that the recorders become standard equipment starting in 2009 models, retain the last eight seconds of data before a crash, and include added data from electronic stability control and antilock braking systems.

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