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Most commercial airplanes have an indestructible flight recorder, also called a 'black box' — even though the casing is actually bright orange. Actually, there are two of them: One records information from the flight computers, and the second box records cockpit audio and other sounds inside the plane. In the event of a crash, investigators can recover the black boxes and find out exactly what happened.

Cars can have black boxes, too. In fact, it's a good bet your current car has one already, and if it doesn't your next new car certainly will. That's why you should know exactly what that black box is recording, who can get that information and how you can stay in control of it.

A bit of history

Black boxes in cars aren't a new idea. The practice started in 1994 with cars from Cadillac, Buick, Chevrolet and Pontiac. The black boxes were meant to help manufacturers learn how their cars performed in crashes.

Since the early 2000s, the National Highway Traffic Safety Administration (NHTSA) has been collecting black box information to get a better picture of the circumstances surrounding car accidents. In 2013, 96% of every new car sold in the United States came with a black box, and as of Sept. 1, 2014, every new vehicle must have one installed.

Black box data has been used in a few high-profile investigations. In 2011, Massachusetts Lt. Gov. Timothy Murray totaled a government car (he walked away). He claimed he was driving the speed limit and wearing a seat belt. Investigators used his black box data to show he was driving 100 mph without a seatbelt at the time of the crash.

Wondering if your car has a black box? The Harris Technical site lists the year, make and model of nearly every car that includes a black box. You can also check your car's manual. If you're buying a car from a dealership, they have to tell you if the car has a black box.

What do black boxes record?

While the first-generation event data recorders did little more than track whether or not the car's airbags deployed, recording and sensor technologies have become smaller and much more powerful. The NHTSA has mandated that every new recorder must track 15 variables.

The information includes vehicle speed, throttle position, airbag deployment times, whether the brakes were applied, if seatbelts were worn, engine speed, steering angles and more. Manufacturers may also have up to 30 additional data points if they want, excluding, they say, GPS location, video and audio. Also, a black box only stores information for 20 seconds around the crash.

Still, many privacy advocates worry that the recording length might eventually increase and include more identifying information. That raises the question of who can access the data in the first place.

Who can pull the data?

Getting your hands on black box data requires professional training, and a Crash Data Retrieval system that starts at $2,000 and can cost up to $20,000 with accessories. The CDR system plugs into the on-board diagnostics port under the dashboard on the driver's side and transfers the information to a special computer program.

Obviously, car manufacturers have the equipment. The NHTSA and law enforcement have the resources to get the information either directly or through specialized third parties. Third-party shops often pull the data as part of an accident reconstruction service. Insurance companies and law firms may also use third parties to get data for accident investigations or court cases.

Then there's the group everyone worries about: hackers. In most cases, I doubt hackers want your black box data. It would need to have a lot more information on you to make it worth their while.

Hackers are more interested in hacking cars so they can take control from a distance. Unfortunately, they're getting good at it, and it's getting easier as cars become more and more computer controlled.

That's the technical side of downloading black box data, but there's a legal side as well. As of this writing, 15 states — Arkansas, California, Colorado, Connecticut, Delaware, Maine, Nevada, New Hampshire, New York, North Dakota, Oregon, Texas, Utah, Virginia and Washington — have passed regulations regarding who can pull the information with and without the car owner's permission.

You can find an up-to-date list of the states and their rules at the National Conference of State Legislatures site. In general, however, no one can pull data without your permission or a court order. Insurance companies can't use the data to set your rates unless you opt into a program, and those programs usually use another tracking unit. The rules are much less clear in states that haven't passed any legislation yet.

Can you keep your data private?

Still, anyone with a court order, or just the right tool and a little time, can get at your black box information. There's no way you can delete the data or disable the black box.

Fortunately, there is a simpler option. Products like AutoCYB, OBD Lock and OBD Saver put a lock on the diagnostic port so no one can plug anything into it without your permission. That keeps people from resetting information, extracting data or falsifying records that could be used against you.

Whether a court order would require you to hand over the keys to the lock is another story. I'll leave that one for the lawyers to decide. However, you can at least make sure that nothing short of a court order lets someone get your data.

On the Kim Komando Show, the nation's largest weekend radio talk show, Kim takes calls and dispenses advice on today's digital lifestyle, from smartphones and tablets to online privacy and data hacks. For her daily tips, newsletters and more, visitwww.komando.com. E-mail her at techcomments@usatoday.com.

If you've bought a new car in the past half-dozen years, there's a good chance it has a 'black box' that activates if you brake suddenly, swerve off the road or hit something hard enough to make the airbags deploy.

The black box is formally known as an event data recorder (EDR), and today it's in 96 percent of new cars sold in the United States, according to industry estimates.

Surprised? You very well may be. Auto industry insiders say most drivers don't know event data recorders exist or how pervasive they are in newer vehicles.

All of that is changing for a variety of reasons. The National Highway Traffic Safety Administration (NHTSA) is on the verge of making black boxes mandatory in all new cars, light trucks and SUVs, although it appears the federal agency will miss a previously announced September 1, 2014 deadline for switching on the new rule.

States are passing their own laws stipulating what automakers must disclose about the devices, who sees the information they generate and under what circumstances. Delaware passed legislation in May, which brought the number of states to 15.

Meanwhile, in an age of hacked credit cards, National Security Agency phone taps and connected cars with multiple computerized systems, consumers and privacy advocates are becoming more concerned about the information vehicles create, including black box data, and who has access to it.

Finally, black boxes could play a significant role in lawsuits pending against GM over cars with defective ignition switches that contributed to fatal crashes.

With so much happening and so much at stake, drivers should be aware of what black boxes can do, what they can't do and the privacy issues they raise.

'The average driver knows very little about what their car is collecting and the battle that's being fought over their location and their data,' says Nate Cardozo, a staff attorney on the digital liberties team at the Electronic Frontier Foundation. 'It's important for us as Americans to start thinking about taking back the control of that data.'
How Black Boxes Work
Event data recorders aren't actually black boxes but tiny microcomputer chip sets. In most vehicles, they're part of the airbag control module, and originally were included to ensure airbags deployed when they were supposed to.

Over the years, as electronics got cheaper, smaller and smarter, event data recorders became capable of doing more than simply monitoring airbags. Automakers realized the devices could be used to provide information about the seriousness of an accident, and if a car was being operated properly when a crash occurred. Based on a separate NHTSA regulation passed in 2012, if a vehicle today does have an event data recorder, it must track 15 specific data points, including speed, steering, braking, acceleration, seatbelt use, and, in the event of a crash, force of impact and whether airbags deployed.

Depending on the automaker and car model, an event data recorder may capture many more functions, though car companies aren't required to disclose exactly what those are. The language many use to explain black boxes in owner's manuals also is purposely general to cover technology updates and to save space.

Put everything the devices do in an owner's guide and 'instead of one paragraph, you'd have potentially another 20 or 30 pages. That really wouldn't be realistic,' says Richard Ruth, a black box equipment trainer, expert witness and consultant who worked at Ford Motor Co. for 33 years, including a stint evaluating event data recorders and other safety equipment. 'It's not going to change whether or not you're going to buy the car.'

Most event data recorders are programmed to record data in a continuous loop, writing over information again and again until a vehicle is in a front-end collision or other crash. When an accident occurs, the device automatically saves up to 5 seconds of data from immediately before, during and after an incident.

Today, practically every major automaker selling cars in the United States builds event data recorders into new vehicles. The exceptions are Volkswagen (which auto industry watchers say is preparing for the NHTSA regulation to kick in), Ferrari and Maserati. Traffic accident analysis consultant Harris Technical Services maintains a list of car makes and models from 1994-2014 with event data recorders.

The NHTSA rule, which the agency has been working on for years, was supposed to take effect September 1, 2014. However, auto industry insiders say the agency is still reviewing more than 1,000 comments it received about the proposed regulation, making that implementation date unrealistic. A NHTSA spokeswoman declined to comment on the delay.

Getting Black Box Data
Black box data is difficult and expensive to get to, and interpreting it takes special training. Extracting the data after an accident involves using a says Tom Kowalick, a self-taught black box expert who chairs an event data recorder standards working group that's part of the Institute of Electrical and Electronics Engineers. Kowalick also wrote some of the black box information on the NHTSA Web site. 'If they want to grab it, there's nobody saying they can't.'

To rectify that situation, 15 states have passed EDR regulation over the past decade. Under the theory that car owners have privacy rights, many of the state laws require automakers to notify new-car buyers that vehicles contain black boxes, such as in the owner's manual. State laws also spell out the conditions under which police or other parties can obtain EDR information without an owner's consent, such as with a court order; for dispatching emergency personnel; diagnosing, servicing or repairing the vehicle; or probable cause in an accident. The National Council of State Legislatures maintains an updated list of state EDR laws.

Black boxes have become a battleground in states such as California, where earlier this year, insurance companies and automakers lined up on opposite sides of a black box data protection bill that would have required automakers to let car owners block or opt out of recording vehicle information. The bill didn't make it out of the state Senate Transportation Committee after heavyweights including the Alliance of Automobile Manufacturers opposed it.

Earlier in 2014, two U.S. senators introduced a bipartisan bill that would provide some of the same protections on a national level. The Driver Privacy Act explicitly states that a black box's data can't be retrieved by anyone other than vehicle owners without their consent and protects any personally identifiable information. By April 2014, the bill had collected 23 co-sponsors and been approved by the Senate Commerce Committee. As of July 2014, however, no further action had been taken.

Black Boxes, Privacy and Security
Meanwhile, electronic privacy advocates worry about a related car-data security issue: that a car's diagnostic port, through which black box data streams, isn't secure enough to withstand hacking, and therefore poses a danger. Security experts and 'white-hat' hackers already are testing how to break into the ports to show how vulnerable they are. They are publicly sharing the results, as in a video called 'How to Hack a Car.'

Kowalick, a longtime black box data privacy advocate, started a company to sell a diagnostic port lock that he invented. The $30 AutoCyb lock, which he markets on his company Web site, is inserted into the diagnostics port to turn off access and prevent unwelcome parties from getting to the data or interfering with car systems. 'Every car in America can be hacked,' he says. 'The diagnostic link connector is unsecure. All you have to do is set up access to the vehicle and have the right tool.'

However, Ruth, the EDR consultant and former Ford executive, maintains a physical lock couldn't stop a black box expert or mechanic from bypassing the diagnostics port and obtaining the data another way. He also dismisses the notion that hackers would be interested in information.

Yelawolf My Box Chevy Free Download

'What would the incentive be?' he asks. 'I think it's an over-reaction. For all practical purposes, the owner controls physical access. There's no Internet port on the car that's live, especially when the car's turned off. No one can hack into something without Internet access.' Even if someone could break in, specifically in an effort to get data from an event data recorder, the devices have access codes that need authorized commands to work, he says.

In addition, car companies use threat modeling and simulated attacks to test security and to help design controls that protect data, says Wade Newton, communications director for the Alliance of Automobile Manufacturers, an auto industry trade group that represents 12 large car companies. 'From bumper to bumper, automakers use proven security techniques to help prevent unauthorized access to software,' he says.

Suing Over Black Box Data
Security concerns aside, black boxes are quickly becoming a factor in lawsuits filed by families of people killed in accidents in GM vehicles, allegedly due to faulty ignition switches that are part of a national recall.

One of those suits was brought by a lawyer for the family of Ben Hair, a 20-year-old Eagle Scout from Virginia who died in a 2009 crash in a GM vehicle with an ignition switch that's part of the recall. The suit alleges the 2007 Pontiac G5 that Hair was driving had a black box that could have produced evidence showing he wasn't to blame for the accident.

AAM spokesman Newton also would not comment on the lawsuit. However, as a rule, when automakers sell vehicles with event data recorders, they disclose the information in an owner's manual, he says. 'But where it appears in the owner's manual may vary from one automaker to another.'

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GM and lawyers representing other plaintiffs in lawsuits related to defective parts also are looking to get black box data to help prove their cases, according to news reports.

It's too early to tell whether black boxes will become the backbone of every car-crash lawsuit, or if they'll end up posing significant privacy and security risks. But one thing is certain: Federal mandates or not, black boxes are here to stay, and the more informed drivers are about them, the better off they'll be.