Whatever that magic “bad” number is could be derived from crunching one or more of their massive data sets on tolls, driver history, violations, traffic volume, crashes with injuries, etc.
It could be combined with data from a radar camera at the toll reader to verify the license plate for the transponder account, and identify the owner who is nominally responsible.
In some cases where a family/friend is using someone else’s car to drive at highly excessive speeds over multiple trips, the vehicle owner is not aware and may like very much to know!
I don’t see how using transponder data in that way is any more or less Orwellian than speed cameras or redlight cameras. In my US city these levy actual, cumulative $100+ fines on the car’s owner.
These are “non-moving” violations, so the only impact on driving privileges is from failure to pay the fine.
In some areas there are several transponders less than a mile apart, so unless you plan on slamming your brakes every few thousand feet you're better off just not speeding
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I'm someone who chronically speeds, but I'm also for blanket highway speed enforcement. Right now speeding seems to be about what you can get away with in a really frustrating way: If can learn the right speed traps, or you can chat a cop the right way, or your car even looks a certain way, you can get away with some ridiculous things.
Blanket enforcement wouldn't necessarily be regressive either: Regardless of how many tickets you can afford, eventually points stack up and you lose your license