SB 113-34: No Dystopian Cars Act (Passed)

[Mr. Reactionary]

NO DYSTOPIAN CARS ACT

TITLE I: LOCATION DATA

1. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to sell or share location data acquired from such cars, regardless of if such data is entirely anonymized or masked.

2. A violation of this act shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual person whose data was sold. Any data collected in violation of this paragraph shall be subject to forfeiture.

3. A customer whose location was unlawfully shared or sold pursuant to this act may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

TITLE II: REMOTE ACCESS AND RIGHT TO REPAIR

1. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to utilize software to lock, inhibit, or restrict the full use or performance of such vehicle by the customer after the time of sale, or require such customer to pay a fee or subscription to access the full use or performance of such vehicle.

2. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to utilize software to prohibit or prevent the vehicle from exceeding a posted speed limit.

3. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to utilize software to imprison a person in such vehicle.

4. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to utilize software to take control of or countermand the intended destination of such vehicle.

5. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to refuse to sell all service materials and diagnostics for repairing such vehicles to independent mechanics and other end-use consumers. Service materials and diagnostics shall include physical parts, specialty tools, and electronic information necessary to allow a motor vehicle to function as designed and intended at the time of sale but shall not include trade secrets. Manufacturers shall be permitted to charge a reasonable price for physical parts and tools but shall not be permitted to charge more than $10.00 for electronic information that is already available on the internet.

TITLE III: RACE CARS

1. No military advertisements, accelerated depreciation formula for motorsports facilities, or other federal funding may be paid to or claimed by any stock car racing association, member thereof, or motorsports facility owner that permits racing conducted by any stock car racing association at such facility, if such stock car racing association:

A. Fails to require drivers to wear an ANSI-approved head and neck support (HANS) device in any race where anticipated stock car speeds will exceed 120 miles per hour;

B. Requires the use of restrictor plates in stock car engine systems during races on dirt tracks or tracks with a banking of less than 32 degrees;

C. Adopts a rule that enforces stock cars crossing into the internal apron of the track in an arbitrary, inconsistent, or disparate manner;

D. Adopts a seasonal scoring system that awards points in an inconsistent or disparate manner in more than 11 scheduled races;

E. Adopts a seasonal scoring system that awards points in an inconsistent or disparate manner by penalizing driver conduct unrelated to the safe operation of stock cars; or

F. Unduly restricts the free expression of fans attending races by prohibiting constitutionally-protected clothing, decals, signs, flags, and other apparel unrelated to the physical safety of others.

2. The Atlasian government shall not prohibit motor vehicle engines from being modified for racing, to operate off of a diesel fuel source, or to receive injections of nitrous oxide, nor shall the federal government prohibit the commercial sale, transportation, manufacture, or possession of conversion kits necessary for such modifications, or of nitrous oxide.

3. The Atlasian government shall not require restrictor plates on motor vehicles sold in interstate commerce or operated on federal highways.

TITLE IV: TIMING

1. This act shall take effect 30 days from the date of passage.

Sponsor: Reactionary
Debate on this bill is now open.

[Mr. Reactionary]

This does a few things.

- It protects car location data privacy

- It prohibits car companies from locking design features or functions of a car unless a subscription is paid for. This was a story last month.

- It prohibits self-driving cars from being hijacked and effectively turning them into mobile prisons.

- it mandates rules for Right to Repair so that dealerships cant put small mechanics out of business

- And me and some of my friends who are NASCAR fans write the last part together to promote driver safety and enhance the fan experience of NASCAR.

[Mr. Reactionary]

Half the bill is about NASCAR, including protections for the fan experience. Expecting events to respect the lawful expression of fans in order to get federal sponsorship money or tax deductions is a pretty fair tradeoff. Especially when it would ensure this doesnt happen at Talladega

[Mr. Reactionary]

F. Unduly restricts the free expression of fans attending races by prohibiting constitutionally-protected clothing, decals, signs, flags, and other apparel unrelated to the physical safety of others.

Why on earth was this included in a bill relating to motor vehicle repair and location data tracking?

It is within NASCAR's rights to ban confederate flags and decals at their events and racetracks.

And it is within an individual rights to express themselves the way they want.

This is not a complicated issue. It is authoritarian to force private entities to permit depictions of hate or bigotry. Just as the constitutional right to free expression prohibits the federal government from outright banning public display of racist symbols or flags, privately-owned facilities maintain the same right to disallow, or allow, such symbols. If someone were to come into my place of work wearing a swastika armband, it is the protected right of my boss to kick them the hell out.

This is just conditioning federal money for NASCAR on adopting pro-freedom protections. They dont have to abide, they just dont get federal funds if they refuse to protect freedom of expression. This even protects your right to dress up like a furry and wave a hammer and sickle flag at a race, which a lot of us find more offensive than a Hank Williams, Jr. Flag. Do you even watch NASCAR? Seems weird to get bent out of shape over a content neutral free expression rule that protects lawful speech like rainbow flags and furry costumes. I guess we can thank labor for ceding the issue of freedom of expression to the other parties just like theyve ceded being anti bank to the other parties as well.

[Mr. Reactionary]

F. Unduly restricts the free expression of fans attending races by prohibiting constitutionally-protected clothing, decals, signs, flags, and other apparel unrelated to the physical safety of others.

Why on earth was this included in a bill relating to motor vehicle repair and location data tracking?

It is within NASCAR's rights to ban confederate flags and decals at their events and racetracks.

And it is within an individual rights to express themselves the way they want.

This is not a complicated issue. It is authoritarian to force private entities to permit depictions of hate or bigotry. Just as the constitutional right to free expression prohibits the federal government from outright banning public display of racist symbols or flags, privately-owned facilities maintain the same right to disallow, or allow, such symbols. If someone were to come into my place of work wearing a swastika armband, it is the protected right of my boss to kick them the hell out.

I don't get what you mean but the act clearly states

Unduly restricts the free expression of fans attending races by prohibiting constitutionally-protected clothing, decals, signs, flags, and other apparel unrelated to the physical safety of others.

Unless you think your swastika armband is constitutionally protected, you're wrong on this.

It's similar to someone refusing services to an LGBTQ married couple (if you consider that someone a private entity, like a church for example). I personally don't believe that church would have the right to reject services (esp. if LGBTQ marriages are constitutionally protected).

I think its also important to point out that the shirt of an individual spectator in a crowd of 75,000 can hardly be said to reflect the opinions of the event venue. So its not compelled speech.

[Mr. Reactionary]

F. Unduly restricts the free expression of fans attending races by prohibiting constitutionally-protected clothing, decals, signs, flags, and other apparel unrelated to the physical safety of others.

Why on earth was this included in a bill relating to motor vehicle repair and location data tracking?

It is within NASCAR's rights to ban confederate flags and decals at their events and racetracks.

And it is within an individual rights to express themselves the way they want.

This is not a complicated issue. It is authoritarian to force private entities to permit depictions of hate or bigotry. Just as the constitutional right to free expression prohibits the federal government from outright banning public display of racist symbols or flags, privately-owned facilities maintain the same right to disallow, or allow, such symbols. If someone were to come into my place of work wearing a swastika armband, it is the protected right of my boss to kick them the hell out.

This is just conditioning federal money for NASCAR on adopting pro-freedom protections. They dont have to abide, they just dont get federal funds if they refuse to protect freedom of expression. This even protects your right to dress up like a furry and wave a hammer and sickle flag at a race, which a lot of us find more offensive than a Hank Williams, Jr. Flag. Do you even watch NASCAR? Seems weird to get bent out of shape over a content neutral free expression rule that protects lawful speech like rainbow flags and furry costumes. I guess we can thank labor for ceding the issue of freedom of expression to the other parties just like theyve ceded being anti bank to the other parties as well.

Withholding federal funds to private companies because they chose to disallow public display of hate symbols is absurd and unjust. It is ridiculous to penalize an event or venue for setting their own code of conduct for guests. Mandating that facilities forcibly accept signs and flags considered disgraceful and blatantly racist is reprehensible. It's wrong, and you know it. The precedent set by this standard means that all business or public venues could someday be subjected to the same fate.

You speak as though there is some objective standard for "hate". While this isnt the bill for it, i totally do support arenas and mass event venues having a dress code neutrality policy pritecting the free expression of fans. Telling a soccer fan to build his own arena if he wants to wear a rainbow flag shirt is picking big business over the little guy. Again, what a fan wears is clearly not the speech of the venue.

Lets be clear with this bill, I support free expression even if it includes expression I dont like, and you oppose free expression as long as expression you dont like is also banned.

[Mr. Reactionary]

I move for a final vote. 24 hours to object.

[Mr. Reactionary]

A final vote is now open on this bill, lasting until Wednesday at noon eastern (100 hours). Please vote Aye, Nay, or Abstain.

NO DYSTOPIAN CARS ACT

TITLE I: LOCATION DATA

1. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to sell or share location data acquired from such cars, regardless of if such data is entirely anonymized or masked.

2. A violation of this act shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual person whose data was sold. Any data collected in violation of this paragraph shall be subject to forfeiture.

3. A customer whose location was unlawfully shared or sold pursuant to this act may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

TITLE II: REMOTE ACCESS AND RIGHT TO REPAIR

1. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to utilize software to lock, inhibit, or restrict the full use or performance of such vehicle by the customer after the time of sale, or require such customer to pay a fee or subscription to access the full use or performance of such vehicle.

2. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to utilize software to prohibit or prevent the vehicle from exceeding a posted speed limit.

3. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to utilize software to imprison a person in such vehicle.

4. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to utilize software to take control of or countermand the intended destination of such vehicle.

5. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to refuse to sell all service materials and diagnostics for repairing such vehicles to independent mechanics and other end-use consumers. Service materials and diagnostics shall include physical parts, specialty tools, and electronic information necessary to allow a motor vehicle to function as designed and intended at the time of sale but shall not include trade secrets. Manufacturers shall be permitted to charge a reasonable price for physical parts and tools but shall not be permitted to charge more than $10.00 for electronic information that is already available on the internet.

TITLE III: RACE CARS

1. No military advertisements, accelerated depreciation formula for motorsports facilities, or other federal funding may be paid to or claimed by any stock car racing association, member thereof, or motorsports facility owner that permits racing conducted by any stock car racing association at such facility, if such stock car racing association:

A. Fails to require drivers to wear an ANSI-approved head and neck support (HANS) device in any race where anticipated stock car speeds will exceed 120 miles per hour;

B. Requires the use of restrictor plates in stock car engine systems during races on dirt tracks or tracks with a banking of less than 32 degrees;

C. Adopts a rule that enforces stock cars crossing into the internal apron of the track in an arbitrary, inconsistent, or disparate manner;

D. Adopts a seasonal scoring system that awards points in an inconsistent or disparate manner in more than 11 scheduled races;

E. Adopts a seasonal scoring system that awards points in an inconsistent or disparate manner by penalizing driver conduct unrelated to the safe operation of stock cars; or

F. Unduly restricts the free expression of fans attending races by prohibiting constitutionally-protected clothing, decals, signs, flags, and other apparel unrelated to the physical safety of others.

2. The Atlasian government shall not prohibit motor vehicle engines from being modified for racing, to operate off of a diesel fuel source, or to receive injections of nitrous oxide, nor shall the federal government prohibit the commercial sale, transportation, manufacture, or possession of conversion kits necessary for such modifications, or of nitrous oxide.

3. The Atlasian government shall not require restrictor plates on motor vehicles sold in interstate commerce or operated on federal highways.

TITLE IV: TIMING

1. This act shall take effect 30 days from the date of passage.

[Mr. Reactionary]

Aye

[Mr. Reactionary]

Bill passes 13-0-0-5.

[Mr. Reactionary]

NO DYSTOPIAN CARS ACT

TITLE I: LOCATION DATA

1. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to sell or share location data acquired from such cars, regardless of if such data is entirely anonymized or masked.

2. A violation of this act shall be a misdemeanor punishable by disgorgement of any profits, imprisonment for no more than one (1) year, and a fine of $10,000.00 per individual person whose data was sold. Any data collected in violation of this paragraph shall be subject to forfeiture.

3. A customer whose location was unlawfully shared or sold pursuant to this act may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

TITLE II: REMOTE ACCESS AND RIGHT TO REPAIR

1. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to utilize software to lock, inhibit, or restrict the full use or performance of such vehicle by the customer after the time of sale, or require such customer to pay a fee or subscription to access the full use or performance of such vehicle.

2. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to utilize software to prohibit or prevent the vehicle from exceeding a posted speed limit.

3. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to utilize software to imprison a person in such vehicle.

4. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to utilize software to take control of or countermand the intended destination of such vehicle.

5. It shall be unlawful for any person, or the officers, employees, or agents thereof, who operates in Atlasian commerce by selling motor vehicles to customers, to refuse to sell all service materials and diagnostics for repairing such vehicles to independent mechanics and other end-use consumers. Service materials and diagnostics shall include physical parts, specialty tools, and electronic information necessary to allow a motor vehicle to function as designed and intended at the time of sale but shall not include trade secrets. Manufacturers shall be permitted to charge a reasonable price for physical parts and tools but shall not be permitted to charge more than $10.00 for electronic information that is already available on the internet.

TITLE III: RACE CARS

1. No military advertisements, accelerated depreciation formula for motorsports facilities, or other federal funding may be paid to or claimed by any stock car racing association, member thereof, or motorsports facility owner that permits racing conducted by any stock car racing association at such facility, if such stock car racing association:

A. Fails to require drivers to wear an ANSI-approved head and neck support (HANS) device in any race where anticipated stock car speeds will exceed 120 miles per hour;

B. Requires the use of restrictor plates in stock car engine systems during races on dirt tracks or tracks with a banking of less than 32 degrees;

C. Adopts a rule that enforces stock cars crossing into the internal apron of the track in an arbitrary, inconsistent, or disparate manner;

D. Adopts a seasonal scoring system that awards points in an inconsistent or disparate manner in more than 11 scheduled races;

E. Adopts a seasonal scoring system that awards points in an inconsistent or disparate manner by penalizing driver conduct unrelated to the safe operation of stock cars; or

F. Unduly restricts the free expression of fans attending races by prohibiting constitutionally-protected clothing, decals, signs, flags, and other apparel unrelated to the physical safety of others.

2. The Atlasian government shall not prohibit motor vehicle engines from being modified for racing, to operate off of a diesel fuel source, or to receive injections of nitrous oxide, nor shall the federal government prohibit the commercial sale, transportation, manufacture, or possession of conversion kits necessary for such modifications, or of nitrous oxide.

3. The Atlasian government shall not require restrictor plates on motor vehicles sold in interstate commerce or operated on federal highways.

TITLE IV: TIMING

1. This act shall take effect 30 days from the date of passage.

Passed 13-0-0-5 in the Atlasian Senate assembled.

- R, PPT