If GM succeeds, spyware on your phone is perfectly legal to activate when you are outside of your home, because you have no expectation of privacy. Any expectations of your privacy in someone else's private space (friend, dentist, school) is up to them. This is really no different than having a smartphone with wheels.

GM is... frighteningly misinterpreting the law at best. If I drove on my own private road on my 1000 acre farm, GM is going to collect and sell my driving data based on that drive, because that's what they do. However they would argue that I had no reasonable expectation of privacy. If I am driving around my own property, this argument falls apart.

Also, isn't their argument saying that you can reasonably expect someone to follow you around and STARE at you as you drive, noting everything about the drive? Because how else would any member of the public be able to know the distance traveled, roads traveled, average speed, etc. You would need to literally follow that car and stalk the driver to learn all that information at the same level of detail as what GM is selling.

One last thing: I interned at GM years ago and worked on telematics within the vehicles. Some smart people at GM, but nobody was ever concerned about the sheer level of data they collected from the cars. Not one person seemed concerned about customer privacy. However they do pay exceptionally well.