Tesla female car owners have not solved the problem of defending their rights for a year: data attribution and identification have become difficulties

Economic Observer Network reporter Zhou Ju during the Shanghai Auto Show last April, Tesla female owners "roof rights protection" accused Tesla of brake failure, and now the incident has passed nearly 1 year. Recently, the Economic Observer Network reporter contacted Ms. Che and Tesla related people respectively, and learned that the rights protection incident has not been effectively resolved, and the dispute caused by data attribution and testing and identification has left the two sides still deadlocked, and the number of lawsuits continues to increase.

Ms. Zhang said that the latest development is that she submitted information to the court in December last year on the Tesla driving data dispute, which was accepted on March 12 this year and subsequently filed. The reason for Ms. Zhang's lawsuit is that she believes that Tesla's delay in providing complete driving data to herself is not compliant, and the main appeal is to get complete driving data.

"According to the Civil Code, the Personal Information Data Security Law and the Consumer Rights and Interests Protection Law, individuals have the right to know their own data and can read or copy it." Ms. Zhang said. It is reported that the specific trial time of the case has not yet been determined. Previously, Tesla released a driving data to the outside world, but Ms. Zhang believed that the data was incomplete.

For Ms. Zhang's rights defense behavior, Tesla still insists that "there are other people behind the manipulation." Recently, people close to Tesla said that they could provide reporters with a recording of a conversation involving Ms. Zhang's husband, which could prove that ms. Zhang was manipulated by other forces behind her. But later the reporter did not obtain the recording.

For the "someone behind it", Ms. Zhang firmly denied it. The two sides have always disagreed.

Another key obstacle is the failure of both parties to agree on third-party testing. According to people close to Tesla, Ms. Zhang has not agreed to hand over the vehicle to the China Quality Certification Center for testing. Ms. Zhang said that this is because she found out that Tesla has a partnership with the testing agency and cannot trust the agency to test and identify.

Ms. Zhang showed reporters a message from Tesla's official website, the news headline: Tesla with the China Quality Certification Center launched the "Tesla Charging Partner Program", which is a 2016 news, Tesla and China Quality Certification Center cooperation, announced the establishment of the China Charging Test Center.

But the problem is that the China Quality Certification Center is currently the only institution in China with intelligent electric vehicle accident detection and appraisal qualifications, if it is not tested in the agency, it means that Tesla's problem vehicles will have no door to detect. Even though a year has passed since the incident, Ms. Zhang said there are still no more institutional options at present, so the testing has been stranded.

In the current new era of smart cars, Tesla female car owners' rights protection incident is quite well-known and representative, the trend of the event is not only related to Tesla's development in China, and may even affect the development of the entire Chinese automotive industry, the industry's attention is very high. Through this incident, industry problems such as the absence of automotive data detection institutions and the difficulty of data attribution have been exposed.

Each one insists

Tesla and Ms. Zhang have their own allegations. People close to Tesla told the Economic Observer Network reporter that Tesla believes that Ms. Zhang's rights protection incident is not simple, and it may be a planned, organized and premeditated activity behind it. According to an interview with Ms. Zhang, she said that during the trial in December last year, Tesla accused her of having "someone behind it."

"They say I'm very professional, they say there's someone behind me, so who's behind me, and you show evidence, right?" Ms. Zhang said tesla presented a piece of evidence at that trial, but she did not agree that the evidence could prove that Tesla's allegations were true. "[What they showed] was a recording of my husband talking to a reporter on the phone, and the reporter wanted to interview us, to go to the scene of the accident to restore the situation, because the reporter was from Beijing, and then he (Tesla) said that there was someone behind us." Ms. Zhang said.

Recently, people close to Tesla told the Economic Observer Network reporter that they have evidence of manipulation behind Ms. Zhang and can provide relevant recordings to reporters. However, the person did not provide the recording later, and it is not known whether the recording was a recording of a call with reporters as described by Ms. Zhang.

In addition, Tesla also pointed out in a statement last year that Feng Moumou, Han Mou and others were the main organizers and planners of Ms. Zhang's auto show rights protection incident. Among them, Feng X's full name is Feng Shiming, providing Ms. Zhang with a certificate to enter the Shanghai Auto Show; Han X is Han Chao. Both were Tesla owners, and both denied being the masterminds of the incident at the time.

On March 16 this year, Feng Shiming again posted a long Weibo post on the matter, saying that Ms. Zhang's voucher for entering the museum on that day was a media day pass, which is an anonymous and unrestricted voucher that is applied for by exhibitors from the organizer for free and can be transferred to others. Feng Shiming said that he was given three media day passes at that time, and after Ms. Zhang repeatedly unsuccessfully tried to apply for a media card as a Weibo self-media, she asked for one. Feng Shiming also pointed out that Ms. Zhang's excessive behavior in the venue was not necessarily related to the certificate.

Ms. Zhang also denied that Feng Shiming, Han Chao and others were behind the plot. "There is no such relationship at all, we are also Tesla owners, because our vehicle has all kinds of problems, because of the rights protection of the people to know together, but can not say that I know you, just say that you are the person behind me." 」 During the Shanghai Auto Show, the Shanghai police did a lot of investigation into my rights protection behavior, if there is someone behind me, you put out the evidence, right? Ms. Zhang said.

Ms. Zhang believes that behind these constant "ripping off", is there a problem with Tesla's vehicles? Is it the driver's improper operation or is there a problem with the vehicle itself? These are the core of the event. In order to clarify these problems, it is necessary to carry out data extraction, vehicle detection and other means to identify the cause of the accident.

Data forensics are difficult

After Ms. Zhang's vehicle failed to brake, she asked Tesla to provide complete driving data for the 30 minutes before the accident. After the roof rights protection incident, Tesla released the data of the 30 minutes before the accident of the vehicle involved, including 9 parameters such as speed and physical movement signal of the brake pedal, and the driving data content reached 48 pages.

But Ms. Zhang pointed out that the data provided by Tesla is missing many parameters. "After the Shanghai Auto Show, Tesla provided me with a copy of the data, but this data is not complete, and it lacks a lot of data that is important to the brakes." Ms. Zhang said in an interview with the Economic Observer Network reporter. There are also analysts in the industry that the data given by Tesla is not enough to judge the cause of the accident.

Ms. Zhang said she had listed and submitted the data that Tesla should have provided but was missing to the State Administration of Supervision in September last year, when the State Administration of Supervision replied that the investigation period was extended because the case was too complicated. But as of now, Ms. Zhang has not obtained these data, and later she has filed a lawsuit with Tesla on the driving data and filed a case.

In the case of a stalemate between the two sides and the inability to determine the cause of the accident, the intervention of a third-party testing agency is very necessary. People close to Tesla said Tesla has been urging Ms. Zhang to send the vehicles involved to the China Quality Certification Center for testing, but Ms. Zhang has always disagreed. Tesla thinks this may be because Ms. Zhang is weak in some ways. But Ms. Zhang insisted that the testing agency recommended by Tesla had a partnership with Tesla and could not be trusted to be tested by it.

At present, the industry testing standards and specifications for smart cars with automatic driving functions have not yet been introduced, so it is not easy to conduct third-party testing and identification in a truly objective and fair manner after problems or accidents in smart electric vehicles. It is reported that at present, only one institution in China Has the ability to test.

Guo Hong, deputy director of the Academy of Forensic Sciences, said at a forum last July that China now has the ability to analyze the electronic data of intelligent and connected cars to produce some results. At that time, Guo Hong said that whether Tesla was evaluated at the Forensic Science Research Institute said that it was still in the confidentiality stage. Recently, the Economic Observer Network reporter interviewed Guo Hong again on the detection of Tesla, but as of press time, there was no reply.

The data shows that the relevant specifications are being improved, but it may take some time. On May 29, 2020, the Academy of Forensic Sciences and the National Industrial Information Security Development Research Center Evaluation and Laboratory cooperated to release the first domestic automotive electronic data forensic standard "Automotive Electronic Data Inspection Technical Specifications".

In the case that third-party detection cannot be achieved in a short period of time, Ms. Zhang said that her biggest appeal is to hope that Tesla can provide comprehensive and real data. "The data is in his (Tesla's) background, but there's no way for consumers and owners to get it. Tesla's EDR (Automotive Event Data Recording System) data is encrypted by Tesla and only he can interpret and translate it globally. Ms. Zhang told the Economic Observer Network reporter.

With Ms. Zhang filing a lawsuit against Tesla for driving data on March 12, the year-long rights defense incident will continue. Talking about the experience of defending rights in the past year, Ms. Zhang said, "It is really difficult and the pressure is also very great, but I want to give myself an explanation, or I want to stick to it until this matter is resolved." ”

At present, ms. Zhang and Tesla have 3 case disputes being handled, in addition to the above-mentioned driving data cases that have been filed, the other two are: in May last year, Ms. Zhang's case against Tesla and Tesla's global vice president Ms. Tao Lin violated her right to reputation; in August last year, Ms. Zhang was claimed by Tesla for 5 million yuan on the grounds of reputation damage.