Actually, it's been HIGHLY REGULATED by state laws. THE EDR only serves as ONE of many factors in recreating an accident. ANY CAR with an EDR HAS to disclose that to the owner. Last count 64 percent of cars have them, BUT here's the winner you missed. 36 percent don't and OWNERS HAVE A CHOICE to go with one lacking this unit. So yes, there's a BIG DIFFERENCE. Consumer choice. IE HAVING to OPT IN similar to this article VS being forced to "OPT OUT". SWISH.