The Feds' 'Kill Switch'

Section 24220, “ADVANCED IMPAIRED DRIVING TECHNOLOGY,” of the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (IIJA), directed that “not later than 3 years after the date of enactment of this Act, the Secretary shall issue a final rule prescribing a Federal motor vehicle safety standard (FMVSS) under section 30111 of title 49, United States Code, that requires passenger motor vehicles manufactured after the effective date of that standard to be equipped with advanced drunk and impaired driving prevention technology.” Further, the issuance of the final rule is subject to subsection (e) “Timing,” which provides for an extension of the deadline if the FMVSS cannot meet the requirements of 49 USC 30111.

Sound like a benign tool to help prevent drunk driving, the measure will mandate that automobile manufacturers build into every car what amounts to a ‘vehicle kill switch that gives the Government the authority to track and turn of any vehicle of their choosing.

“The right to travel is fundamental, but the government has mandated a kill-switch in new vehicles sold after 2026,” said Representative Thomas Massie. “The kill-switch will monitor driver performance and disable cars based on the information gathered.”

The legislation then goes on to define the technology as a computer system that can “passively monitor the performance of a driver of a motor vehicle” and can “prevent or limit motor vehicle operation if an impairment is detected” (emphasis added). 

The law’s language could not be more clear: New motor vehicles must have a computer system to “monitor” drivers, and the system must be able to prevent vehicle operation if it detects impairment. 

CONCLUSION

Maybe this shouldn’t be surprising. In a world where traffic cameras, license plate readers, NSA mass surveillance, intelligence-gathering “fusion centers,” and widespread warrantless searches are ubiquitous, privacy might seem like a quaint idea. But it’s one the Framers of the American system took seriously.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,” the Fourth Amendment to the Constitution reads.

I’m not a constitutional scholar or even a scholar, but it seems to me that the federal government’s requiring automobile manufacturers to install a system that spies on its driver — and disables his car if transgressions are suspected — hardly meets this constitutional standard. 

I also suspect mandating the installation of this technology is something Americans of all political stripes would overwhelmingly oppose on principle — put aside for now the immense cost on new vehicle purchases it will add — if they knew about it, which is no doubt why the provision was surreptitiously slipped into a $1 trillion spending bill.

Over the last century, the Land of the Free has slowly transformed into a land governed by endless laws, largely by cracking down on vices instead of actual crimes, creating a society that would render us all criminals if our behavior were constantly observed. Did you know that that according to Harvey Silvergate, In his book Three Felonies a Day, the The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner, and then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? The answer lies in the very nature of modern federal criminal laws, which have exploded in number, but also become impossibly broad and vague, and simply a matter of interpretation.

If you need help protecting you Constitutional Rights or your Criminal Rights give us a call at Winslow Law 843-357-9301.

May God Bless You, Your Business, Israel, and the United States of America, 

Tom Winslow