Who owns 'black box' data on your driving?

Published Monday, July 22, 2013 / The Five

This is a rush transcript from "The Five," July 22, 2013. This copy may not be in its final form and may be updated.

ERIC BOLLING, CO-HOST: They say politics makes for strange bedfellows. Apparently so does the privacy debate. When "The Five" talks privacy, the debate gets heated, never know who falls on what side of the debate.

So, when I saw this in The New York Times yesterday, I thought it was right up our alley. Did you know 96 percent of all 2013 model year cars have black box data recorders embedded in them? Neither did I. Did you know that 14 states have given law enforcement, judges, lawyers, insurance companies access to your driving data? Neither did I.

In fact, the courts have concluded data produced by black boxes is actually your personal property. So, we ask, black box data on your driving, personal property or free for government access?

I'm going to hold Gutfeld for the end, I know where he is going to go with this.

Kimberly, what do you think of this? This is a tough one.

KIMBERLY GUILFOYLE, CO-HOST: OK, I can answer it though. To me, I feel very uncomfortable. I think it is a tricky privacy issue -- whereas if there's an issue with cars and recalls, you may want the information to make cars safer and save lives.

But I see a serious infringement where they would take advantage and use it for other things. All of a sudden, they're able to turn your car off, make it stop, get all of the information without going through a warrant.

So, the abuse of power could be tremendous. That to me is disconcerting.

GREG GUTFELD, CO-HOST: I didn't know they could turn off your car? Where did that information come from?

GUILFOYLE: No, that's what I am talking about in the future of where we're headed, they will be able to control the vehicle like through GPS and everything else.

GUTFELD: You're using where does it end default of debate rather than dealing with the reasonable question whether it can help you in the event of an accident --

GUILFOYLE: Well, I can talk about the royals instead if you like. I'm wearing purple for royal.

GUTFELD: I try to stay in the reasonable area.

BOLLING: So unreasonable? We know they've said, they've actually floated the idea of taxing every model you drive.

GUTFELD: Right, hate that.

BOLLING: I'll tell you, a black box can record every mile you drive.

GUTFELD: So could a speedometer.

BOLLING: They don't have access to that. Well, they will now though.

GUTFELD: Actually, you do, you have to record at certain point how much mileage is in the car at a certain point.

BOB BECKEL, CO-HOST: Why?

GUTFELD: For insurance.

DANA PERINO, CO-HOST: So that you can get your 70,000 mile checkup.

GUTFELD: Yes.

BOLLING: So, you're OK with --

PERINO: I think it is a reach. I see you've got your handy book out there. We got a royal segment.

GUTFELD: You treat the Constitution like amendment fortune cookies.

BOLLING: I love this.

(CROSSTALK)

PERINO: What about the free market in this? If insurance companies are willing to give you $100 discount on car insurance for a year if you have this black box, because if you get in an accident, it helps with claims against somebody else or to protect you, or maybe implicate you, but why not let the free market decide?

BOLLING: Fine. But doesn't free market give you the choice to opt out of it? And this doesn't. This case, you don't even have the option. That black box goes in there.

Bob, you're heated --

GUILFOYLE: That's the problem.

BECKEL: I am so outraged by this, I cannot believe it. The fact the cops can get into black box of your car, TSA can break into the trunk, government into the telephone line. What is this?

This is not Nazi Germany in the 1930s. This is a country built on privacy and the right, sorry, excuse me.

GUILFOYLE: You're going to spill it again.

(CROSSTALK)

BECKEL: It is outrageous! You show me one thing about this that makes this country safer and the hell with the insurance company. They overcharge you anyway.

BOLLING: Can we -- do you want --

GUTFELD: Yes.

BOLLING: There's another story came out, don't have a lot of time. I wanted to get to it. Hope we have the graphics. The NSA, remember the FISA court that allows them to data mine, we talked about it on and on and Snowden highlighted it, well, that FISA court, that data mining permit ran out Friday night. No one talked about it.

Guess what happened Sunday? They re-upped the NSA to go ahead to give them the opportunity --

PERINO: Well, until Congress tells them differently, the NSA has an obligation to do so because they have been told to do it by Congress, overseen by a judge. So if y'all want to do a lobbying thing, tell the NSA to stop and defund the NSA --

BECKEL: They've been told by the Congress to go in your phone records?

PERINO: They don't go into your phone records, Bob. There's a difference. They take the number and duration of the call and then in order to look into it, they have to then go back and look, that's what makes it a search. It is not a search if you gather data.

And you will lose. If you take that little red book into the Supreme Court, you will lose because accumulation of Supreme Court information says it is not unreasonable to gather that data.

BOLLING: They originally got it. Bush administration originally got the ability to do that under the Patriot Act and they made sure that at least one of the parties that they were data mining was outside the United States.

PERINO: You cannot search. You don't even have a name. All you have is a number. You can't get a name without going back to the court.

(CROSSTALK)

PERINO: There were 300 -- do you know how many they looked for? Three hundred. Out of 300 million, 300 calls in one year.

(CROSSTALK)

BECKEL: Guy was mowing his lawn. Had 2,000 requests and only one was turned down?

PERINO: You know why, they know how to ask for it. It is pro forma. Here is the information. The judge says we will let you continue to do what Congress asked you to do.

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