The Newest Spy Could Be Your Car: The 2015 Chevrolet Corvette Stingray

By: Amanda Haasz

 

The 2015 Stingray promises extra piece of mind by allowing the owner to capture and video when someone else is driving, but at what cost?[1] General Motors is warning its customers that using the “Valet Mode” of the performance monitoring system may be illegal in some states and that customers should refrain from using it.[2]

 

Valet Mode allows owners to record video and audio when someone else is driving the car and was originally designed to give owners peace of mind as to what was happening to their cars when they were not around.[3] This feature also “disables the entertainment system and locks storage compartments to deter thefts.”[4] However, on a test drive of the new vehicle, it was discovered that not only did the video feature record speed and G-forces, but it also recorded audio inside the car, including spoken conversations, which may violate audio recording laws.[5]

 

Federal law allows the recording of in-person conversations with the consent of at least one of the parties.[6] However, in 11 states, the consent of every party is required in order for the recording to be lawful.[7] As a result, if a Corvette owner turns on Valet Mode in one of these states, the owner could be committing a felony.[8] While it is legal to record a face-to-face conversation when the camera is in plain view, General Motors is concerned that the equipment is not noticeable enough and could result in a legal problem.[9] On the other hand, as Professor Howard M. Wasserman said, “It depends on how states interpret consent: Does it mean notice or something more affirmative than that?”[10] It might mean that a driver has to say that he or she agrees to be recorded, depending on the definition of consent in each state.[11]

 

Although it may seem the letters to owners are for the legal protection of Chevrolet, it is actually for the protection of the customers.[12] The responsibility not to violate state laws may not rest with Chevrolet, but with the Corvette owners.[13] “I think speeding is a great analogy . . . The liability would rest with the driver. What’s unlawful is how I used the device,” said Professor Wasserman.[14] Chevrolet is not responsible when owners choose to speed, even though the car’s top speed of 178 miles per hour well exceeds speed limits.[15]

 

General Motors is revising its software to solve any legal problems that may be encountered while using Valet Mode.[16] Some speculate that the update will notify whoever is in the car that what they are saying is being recorded when Valet Mode is being used.[17] There also might be something that allows the person being recorded to give consent by clicking some sort of “OK” box on a screen before the recording begins.[18] However, until the software is updated, General Motors warns customers that they should refrain from using Valet Mode in order to avoid any legal ramifications.[19]

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