Introduction

Modern cars use software containing millions of lines of code to measure their emissions, regulate their power input in the case of electric vehicles, and to operate their internal systems.[1] Volkswagen in 2015 showed us that proprietary software can mask a profit-enterprise's deception by preventing regulators and the public from discovering manipulation without rigorous testing and some luck.[2] Closed software also greatly endangers user privacy, increasingly so in the world of "smart" cars.[3]

In the near future, cars will run on electricity and integrate advanced computers, frequently with self-driving capability. Their software will then be even more advanced, and if it remains closed, the ways in which the vehicle uses driver data will remain mysterious, thus harming the consumer. Can environmental law force this software to open before "smart cars" replace dumb ones?

Drivers Will Not Care About Their Privacy, But Drivers Will Care About Emissions, Fuel Economy, and Physical Safety

Convenience will overwhelm any concern most drivers feel about their privacy, as is the case with phones. Additionally the eventual proliferation of smart cars capable of driving themselves will give regulators pause when they consider the possibility of opening software: to them, this will pose more danger than benefit, unless by then it's common practice.

Drivers purchase high fuel economy vehicles specifically for their mileage and environmental benefits. Future cars will not significantly emit greenhouse gases. Should software remain closed when this industry shift occurs, the opportunities to use environmental law techniques to expose privacy risks will be greatly diminished.

Why can't the