Nice arguement, Pat, but I don't think that'll work.
Yes, the article said the last second before impact was at a speed of 103. First off, I didn't catch what car it was, but most of the GM cars these days are wrong wheel drive. So in a collision the front wheels were probably smashed down and back... Next, it may be the same thing as turbo link. They said the last second, but how many seconds CAN that thing record?? It might just be like turbo link that records 50 frames before you've even hit the trigger to record. From that I'm sure you can see the speed steadily rising. Furthermore, forensics can see the difference between a 50 and a 100mph collision. I'm sure the airbags went off. It used to be that these were activated by a simple inertia switch. I'm sure these have been upgraded, and with all the other 'gadgets' that tell gravity and such, they can ascertain that the speed was that great.
Now, for the privacy issue. As the article said, the data belongs to the owner of the vehicle. But the courts can ORDER that as evidence. I'm assuming there is nothing that says you HAVE to have that in your vehicle. That it can't be disabled. Sounds like the airbag. You'll have a lot of people disabling it on the passenger side.
Interesting article.