; (B) includes data gathered by event data recorders; and (C) does not include— (i) automotive software installed by the manufacturer, as defined by applicable industry standards or regulations; (ii) any data subject to chapter 119 of this title or section 104 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1804 ); or (iii) data that is collected from outside the vehicle, including speed data and geolocation data, for purposes of traffic, law enforcement, or toll collection. (4) Event data recorder The term event data recorder has the meaning given the term in section 563.5 of title 49, Code of Federal Regulations (as in effect on March 5, 2019). (5) Investigative or law enforcement officer The term investigative or law enforcement officer means any officer of the United States or of a State or political subdivision thereof and any Tribal justice official, who is empowered by law to execute searches, to seize evidence, or to make arrests for a violation of Federal or State law. (6) Noncommercial vehicle The term noncommercial vehicle has the meaning given the term non-CMV in section 383.5 of title 49, Code of Federal Regulations. (7) State The term State means any State of the United States, the District of Columbia, and any territory or possession of the United States. (8) Vehicle operator The term vehicle operator means— (A) a person who controls the operation of a vehicle at the time consent is sought