[HN Gopher] Tesla faces U.S. criminal probe over self-driving cl...
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       Tesla faces U.S. criminal probe over self-driving claims
        
       Author : brandall10
       Score  : 217 points
       Date   : 2022-10-26 19:44 UTC (3 hours ago)
        
 (HTM) web link (www.reuters.com)
 (TXT) w3m dump (www.reuters.com)
        
       | wilg wrote:
       | I don't understand why Elon claiming that the cars will be able
       | to drive themselves in the future could be considered any kind of
       | crime? I don't think Tesla has ever said "hey you can get in the
       | car today and it is fully autonomous". They've just said that's
       | what they will do in the future. They've also shown and talked
       | about products in-development.
       | 
       | You might think they are full of shit about whether it will ever
       | be delivered, which is a fair argument, but that's much different
       | than lying about the actual product in people's hands.
        
         | mike_d wrote:
         | It is a crime because he is collecting money for it now.
         | 
         | At the minimum it is a violation of the "30 day rule." If you
         | accept money for a preorder of something, you must clearly
         | state a delivery date. If you do not, it is assumed within 30
         | days of an order.
         | 
         | Tesla can face FTC fines of $16,000 per Autopilot sale, in
         | addition to lawsuits from consumer protection agencies in every
         | state where a vehicle was sold with the undelivered feature.
         | 
         | This is why all the crowdfunding platforms are basically
         | donations with "rewards" of products and not preorders.
        
           | wilg wrote:
           | This is interesting and very specific. I would think that if
           | this applied it would be quite open-and-shut, and handled by
           | the FTC directly. So my guess is it does not apply. Perhaps
           | because it is not "merchandise"?
        
             | mike_d wrote:
             | I believe the lack of enforcement action is because FTC is
             | understaffed for the amount of stuff under their purview,
             | combined with the fact that not enough defrauded consumers
             | know they need to file complaints.
             | 
             | https://www.ftc.gov/media/71268
        
         | AlexandrB wrote:
         | They allowed you to buy the "car can drive itself" capability
         | and never fully delivered. It's not like this was just a
         | promise, it was something you could pay for _years ago_.
        
           | wilg wrote:
           | Yeah, but that isn't a crime. You can pre-order things. They
           | still claim they will deliver it. Seems like maybe you could
           | do a class-action or something to get your money back, but
           | not argue that actually it was reasonable to believe you
           | already had it and therefore are not liable for a crash or
           | whatever.
        
             | mike_d wrote:
             | > Yeah, but that isn't a crime. You can pre-order things.
             | 
             | It actually is. When accepting a preorder you have to
             | provide a fixed delivery date, or it is assumed to be no
             | later than 30 days after sale (or 50 days if you offer in-
             | house financing). The fraud case here is actually very
             | straightforward.
             | 
             | https://www.ftc.gov/business-guidance/resources/business-
             | gui...
        
             | AlexandrB wrote:
             | IANAL but I think you could call it fraud if you never had
             | any intention of delivering. E.g. if I kickstart a
             | perpetual motion machine and then move to the Bahamas with
             | the funds.
             | 
             | What's ironic is that despite his image as a genius no one
             | ever holds Elon to account for his failure to accurately
             | predict the state/progress of his own technology. He's
             | either not as smart as people think or he's knowingly
             | lying, but I think you have to pick one.
        
               | wilg wrote:
               | Seems like since they are delivering things, albeit
               | slowly, and spending tons of money developing it, that it
               | would be hard to make that stick.
        
               | AlexandrB wrote:
               | Yeah, probably true.
        
         | fasthands9 wrote:
         | Their marketing has lots of videos where they tout self-driving
         | (calling it full self-driving or Autopilot) without any
         | clarification it is a future promise. And then there is a
         | feature on your Tesla called Autopilot you can click one
         | 
         | I know if you are in the weeds you know the capabilities - but
         | I think most people get the impression it can drive itself and
         | its safe. And that impression is a direct result from marketing
         | materials. Given the severity of car accidents it seems
         | reasonable to be strict on these marketing claims, even if they
         | call it a "beta" in the fine-print.
         | 
         | https://www.youtube.com/watch?v=tlThdr3O5Qo
        
         | klyrs wrote:
         | It's the claims he makes about the present that are a problem.
         | Also, when he's selling "beta" access with the expectation that
         | "release" access will be more expensive and a neverending
         | promise of "this year" and "next year", that sounds like
         | reasonably clear-cut fraud to me.
        
           | wilg wrote:
           | I am not sure there are any actual claims about the present
           | that would lead a reasonable person to conclude their car
           | currently has features that it does not.
           | 
           | I don't think it's anywhere near clear-cut fraud to say "you
           | can pre-order this for a cheaper price" and to be wrong about
           | your deadline estimates. Yes, if it never comes out or there
           | is evidence they never even tried to make good on the offer,
           | then you would be open to some kind of legal action. But
           | clearly they are trying. If a bunch of owners want to try to
           | argue that the timeline was promised and missed and do a
           | class action to get their money back, that seems reasonable
           | enough. But none of this seems to relate to actual safety
           | issues or anything.
        
             | mike_d wrote:
             | See my comment upthread. If you accept a preorder you must
             | offer a firm delivery date. If you cannot make that date,
             | your only option under the law is a refund. You can't push
             | the date back.
        
               | filoleg wrote:
               | How do Kickstarter and early access games sold on Steam
               | function in that magic universe where "if you accept a
               | preorder, you must offer a firm delivery date"?
               | 
               | As far as I can tell, there aren't droves of Kickstarter
               | campaigns that keep getting sued or prosecuted on regular
               | just for perpetually delaying their delivery dates (often
               | for years).
        
               | wilg wrote:
               | > Kickstarter and other crowdfunding platforms are framed
               | as donations.
               | 
               | I don't see any evidence of this on the Kickstarter
               | website.
               | 
               | > Steam Early Access allows you to request a full refund
               | at any point up until the actual launch of the game
               | 
               | This is not true. They are considered normal purchases.
        
               | mike_d wrote:
               | Look closer, you'll see it says "Pledge" instead of "Buy
               | Now" or similar language. You also receive a "Reward" if
               | the project is successful.
               | 
               | https://store.steampowered.com/steam_refunds/ You may
               | need to go back and forth with support to get a refund,
               | but Early Access is ultimately covered under the pre-
               | purchase terms.
        
               | klyrs wrote:
               | Are these non-released steam games killing people?
        
               | filoleg wrote:
               | They don't, just like the non-released FSD doesn't,
               | because it isn't available yet.
               | 
               | The original claim I replied to was talking about the
               | possibility of Tesla getting sued for delaying multiple
               | times the release of a product that's in active
               | development (and thus being unavailable). I don't see how
               | the discussion about a product that the public has no
               | access to "killing people" is relevant at all.
        
               | wilg wrote:
               | > Are these non-released steam games killing people?
               | 
               | This isn't relevant to the law! But also by the same
               | argument how is a non-released self-driving product
               | killing people?
        
               | mike_d wrote:
               | Kickstarter and other crowdfunding platforms are framed
               | as donations.
               | 
               | Steam Early Access allows you to request a full refund at
               | any point up until the actual launch of the game (and
               | then 14 days after based on the standard refund policy),
               | even if you have played it extensively.
        
         | dmitrygr wrote:
         | > why Elon claiming [...] could be considered any kind of
         | crime?
         | 
         | Among many other reasons, if he knows it to be false but states
         | it as is true, this is market manipulation
        
         | phire wrote:
         | The probe isn't about the future "full self driving" product.
         | 
         | It's about the current "autopilot" product, or more
         | importantly, the marketing around it. They are investigating if
         | Tesla deliberately oversold the capabilities of autopilot,
         | implying that can do far more than it actually can.
         | 
         | Basically: are Tesla criminally responsible for customers who
         | misunderstood what autopilot was, and then didn't correctly
         | supervise the autopilot and ended up in accidents?
         | 
         | Though the fact that Tesla/Musk were continually talking about
         | the FSD features will play into the probe, but only because
         | customers might have confused things said about the future FSD
         | feature, for the capabilities of the current system. But only
         | if Tesla deliberately encouraged or knew about this confusion
         | (or should have known)
        
         | tptacek wrote:
         | If Tesla knowingly makes material false claims about what their
         | cars can do, especially if they have internal evidence that
         | people are using the feature dangerously in ways Tesla could
         | have prevented, they're perpetrating fraud.
         | 
         | Most frauds are prosecuted in state court. There are several
         | federal fraud statutes. For instance, wire fraud, which is any
         | interstate fraud that uses telecommunications, has the
         | following (paraphrased) predicates in the model jury
         | instructions:
         | 
         | (1) You knowingly took part in a scheme to deceive people.
         | 
         | (2) The lies you told were material and caused people to spend
         | money or give up property.
         | 
         | (3) You had an intent to cheat people out of money.
         | 
         | (4) You used some form of interstate telecommunications as part
         | of the scheme.
         | 
         | Prosecutors don't have to prove that Tesla says "the car is
         | fully autonomous today". They just have to prove that Tesla
         | made statements that it knew weren't true, in order to get
         | people to buy cars or Tesla stock. Those statements can be much
         | narrower than "we have achieved full FSD", so long as they are
         | material: that is, so long as they're significant enough to
         | influence people's purchasing decisions.
        
           | wilg wrote:
           | Sure, I just wonder if there actually are any such
           | statements. Seems like usually people point to statements
           | that are Elon tweeting "I think it might be ready next year".
        
             | tptacek wrote:
             | The article quotes Elon Musk as having said "Like we're not
             | saying that that's quite ready to have no one behind the
             | wheel". That statement is presented as _exculpatory_ for
             | Tesla, despite the fact that there 's miles of safety
             | margin between "nobody needs to be behind the wheel" and
             | "autopilot is safe to rely on as advertised in all
             | circumstances". If that's what's getting Tesla off the
             | hook, chances are, they've got substantially worse things
             | in their files.
             | 
             | The other thing is, the messages Tesla sends to the market
             | can be contradictory; prosecutors will home in on the least
             | responsible things they say, and it'll be up to the defense
             | to establish "no, what we really meant, and what every
             | reasonable person took away from what we said, was this
             | banal statement we made in the manual for the car". That'll
             | be tricky, because people have obviously been killed by
             | Tesla's "autopilot" feature, which they were dumb enough to
             | name "autopilot".
             | 
             | Who knows if there's a real case here, though? There may
             | not be!
        
               | wilg wrote:
               | What I'm saying is that I don't actually think Tesla or
               | Elon has suggested you use Autopilot (or Full-Self
               | Driving Beta) in any way other than the approved way.
               | 
               | Plus, when enabling either feature (which are opt-in) a
               | very clear warning is displayed which you must agree to.
               | 
               | So I just don't know who is like, "well, I bought the
               | thing and read the warning and agreed to it but just
               | assumed it was fully autonomous because it's called
               | Autopilot and therefore it is reasonable for me not to
               | pay attention".
        
               | tptacek wrote:
               | "Very clear warnings" in manuals and in car displays
               | aren't a get-out-of-jail-free card. If Tesla never made
               | any communications that contradicted those displays,
               | they'll probably be fine, at least with respect to FSD
               | safety.
        
               | HeyLaughingBoy wrote:
               | I don't know what the standards are in the automotive
               | field, but in medical devices labeling (including product
               | manuals) is considered the absolute last resort when
               | attempting to mitigate a hazard. The odds of the FDA or
               | any other regulatory body letting you off the hook after
               | your device caused an Injury to Patient or loss of life
               | because "we said in the manual to not do that" is
               | effectively zero.
        
             | klyrs wrote:
             | He's not just a random speculator tweeting on the internet.
             | He acts as a spokesperson for the company using his
             | personal twitter account. He can't* merely escape liability
             | by posting shitmemes in between PR statements & baiting
             | investors.
             | 
             | * I mean... if you or I were to operate a company like
             | that, we'd get destroyed, anyway. Whether or not Musk is
             | too rich to face any real consequences for, say, shooting
             | somebody on 5th ave, is an open question.
        
               | HeyLaughingBoy wrote:
               | Moreover, when I was promoted to Staff Engineer at a
               | certain company, I had to go through training to drive
               | home the point that if I spoke in public, about company
               | business, I was considered a representative of the
               | company and my statements could lead to legal action
               | against the company because my position was considered a
               | Management-level role.
               | 
               | Whether or not he faces any real consequences (unlikely),
               | it will be interesting to see what impact it has on the
               | corporation.
        
               | wilg wrote:
               | I'm not saying he would escape liability for shitposting.
               | I'm saying that these statements are all relatively
               | clearly "forward-looking statements".
        
       | woeirua wrote:
       | I've said it before, and I'll say it again, Tesla the electric
       | car company is doing great. Tesla the FSD tech unicorn, is going
       | to end in tears. I will not be surprised at all when some of the
       | engineers on the AI team go to jail over this. Why the engineers?
       | Because the executives almost always are able to afford high
       | powered lawyers to avoid any serious consequences.
        
         | iancmceachern wrote:
         | This happened with that whole GM ignition switch thing
         | 
         | Edited to add this link
         | https://www.google.com/amp/s/www.nytimes.com/2014/11/14/busi...
        
         | dheera wrote:
        
           | DontchaKnowit wrote:
           | And _upvote_ it? Wtf are you talking about
        
             | dheera wrote:
             | Shareholders upvote and downvote stocks with their bid/ask
             | prices.
        
               | DontchaKnowit wrote:
               | That's a real weird way of putting it.
        
           | woeirua wrote:
           | You can't be serious. The shareholders demand returns, but
           | the EV side of the company already has been successful enough
           | to keep them placated. No one forced Musk to go out there and
           | repeatedly claim that Telsa's would be able to be used as
           | robotaxis, or that you'd be able to drive across country with
           | no hands. He's still out there making these outlandish
           | claims! At some point, the music is going to stop.
        
             | dheera wrote:
             | > The shareholders demand returns
             | 
             | This _is_ the problem. Shareholders demand short term
             | returns, not a long term safe /sustainable future and long
             | term returns.
             | 
             | > successful enough to keep them placated
             | 
             | No, not really. A good chunk of the market value of TSLA is
             | hinged upon FSD becoming a reality at some point in the
             | future.
        
               | AlmostAnyone wrote:
               | > This is the problem. Shareholders demand short term
               | returns, not a long term safe/sustainable future and long
               | term returns.
               | 
               | So what? There's nothing wrong about that. Shareholders
               | demand both long term stability and short term returns
               | btw - if the market thought there are no long term
               | returns to be had, the stock price would've crashed.
               | 
               | Shareholders don't have much say about how Tesla does it,
               | and they're actually the ones defrauded.
        
               | spacedcowboy wrote:
               | The shareholders can demand whatever they want including
               | shiny unicorns. Musk and Tesla are entitled to say "No".
               | 
               | When Tim Cook was asked pointed questions on why Apple
               | gave a crap about environmental concerns, rather than
               | focussing on pure profit uber-alles, he smacked down the
               | questioner [1]
               | 
               | "If you want me to do things only for ROI reasons, you
               | should get out of this stock."
               | 
               | A company's decisions can be guided by shareholders, but
               | it's on the company to forge their own path. If the
               | shareholders don't like it, they'll vote with their feet.
               | Promising unicorns to keep the feet planted where they
               | are is not a good strategy.
               | 
               | [1]: https://9to5mac.com/2014/02/28/tim-cook-rejects-
               | ncppr-propos...
        
               | Aunche wrote:
               | I don't see how you expect the shareholders to know any
               | better than the consumers. It's not like they have
               | special insider knowledge.
        
               | woeirua wrote:
               | Yes, and in a sane world the SEC and FTC would have
               | slapped Musk down.
        
         | ARandomerDude wrote:
        
           | whateveracct wrote:
           | haha so you think the Elon Musk is being persecuted by the
           | DoJ for political reasons? In broad daylight for made-up
           | reasons?
           | 
           | The Trump administration really obliterated the DoJ's
           | reputation and people's expectations and norms.
        
             | shiftpgdn wrote:
             | How many January 6th rioters are still in jail? How many
             | tea party members were unfairly audited by the IRS. It's a
             | lot more than you think.
        
               | mrguyorama wrote:
               | It's almost like trying to invade the capital is a crime
               | or something.
        
               | shiftpgdn wrote:
               | I agree, but they have a constitutional right to a quick
               | and speedy trial.
        
               | whateveracct wrote:
               | Is a year-and-a-half that long for such a high-profile
               | case (potentially with co-conspirators and other related
               | cases going on?) Also, sentences have been doled out.
               | They aren't being Gitmo'd.
        
             | RetpolineDrama wrote:
             | > is being persecuted by the DoJ for political reasons? In
             | broad daylight for made-up reasons?
             | 
             | I mean, sure why not? It wouldn't be anything new. The US
             | has been disappearing people for a long time now. The
             | president can extra-judicially kill American citizens since
             | Obama. Whats one measly politically-motivated
             | investigation?
             | 
             | Just recently we had a major journalist/editor get
             | disappeared by the FBI for investigating the regime.
             | 
             | https://nypost.com/2022/10/19/journalist-james-gordon-
             | meek-m...
             | 
             | Of course, when you turn on state media they'll largely
             | report that everything's fine.
        
           | tamaharbor wrote:
           | Everyone loved Musk, Trump, Oz, etc before they became
           | politicians.
        
             | HWR_14 wrote:
             | > Everyone loved Musk, Trump, Oz, etc before they became
             | politicians.
             | 
             | Musk has been controversial since the hyperloop, and
             | certainly plenty of people hated him for many years for a
             | variety of reasons. I could recap, but that's been out for
             | years so you can probably fill them all in. Which is my
             | point.
             | 
             | I have no idea who you thought loved Oz or Trump. Oz
             | peddled scam cures. Trump was a failed real estate
             | baron/casino operator/etc who played less of a failure on
             | TV.
             | 
             | And Oz and Trump had failing TV shows. Oz was down 17% YoY
             | right before he announced, putting him in 10th in the
             | timeslot and Trump was also down like 17% YoY for a few
             | years in a ro) before they hopped into politics. But even
             | the people impressed by "can get on TV" faded on them.
             | 
             | I do feel that the Republican voting population and the
             | audience for those shows had a significant overlap. Leading
             | people likely to vote for them to think there was a sudden
             | shift.
        
         | kube-system wrote:
         | This investigation is about statements made about the car's
         | capabilities, not an issue with the capability itself. This is
         | squarely on their marketing and executive teams.
         | 
         | In fact, some of their other departments are notable for
         | contradicting the lofty claims of their marketing.
        
           | woeirua wrote:
           | When the shit starts flying, the execs and marketing team are
           | absolutely going to throw the engineers under the bus. "We
           | were just repeating what we were told by the engineers." "We
           | didn't know any better."
           | 
           | It happens every time. The best defense for the engineers is
           | to have thoroughly documented the limitations of the system.
        
             | csours wrote:
             | It's not a crime to have poor safety culture, but poor
             | safety culture causes crimes to happen.
             | 
             | That is, you may induce your employees to commit crimes,
             | while not personally violating any laws.
             | 
             | Or your employees may commit crimes because middle
             | management thought it was more important to hit their
             | targets.
             | 
             | There is an obvious moral conflict here; the laws have not
             | caught up to the complexity of corporate culture.
        
             | tinalumfoil wrote:
             | Do you have an example where an engineer was wrongly held
             | to account for the actions of execs?
        
               | [deleted]
        
               | CamperBob2 wrote:
               | Not exactly the same thing, but Boeing certainly tried to
               | throw Mark Forkner under the bus.
        
             | andsoitis wrote:
             | But in this particular case, the guy at the helm (CEO and
             | marketing), i.e. Musk, is also an engineer...
        
             | kube-system wrote:
             | All of those limitations are documented and are even
             | published in the owners manual, among other things. "Nobody
             | told us" doesn't hold water in this scenario. Musk knows
             | exactly what his car can and can't do, but he sells it with
             | misleading marketing anyway.
        
             | [deleted]
        
             | munk-a wrote:
             | There is a character that is a wonderful example in this
             | category in "Going Postal" by Terry Pratchett - I'd suggest
             | reading the whole book because it's fantastic but in
             | particular Mr. Pony is the epitome of the pressed on
             | engineer
             | 
             | > Pony looked around, a hunted man. He'd got his pink
             | carbon copies, and they would show everyone that he was
             | nothing more than a man who'd tried to make things work,
             | but right now all he could find on his side was the truth.
             | He took refuge in it.
        
             | Invictus0 wrote:
             | > It happens every time.
             | 
             | Citation needed please
        
         | aeternum wrote:
         | This is an outlandish claim and needless fearmongering. Why
         | stop at Tesla, should Meta/Twitter engineers also go to jail
         | for their role in building platforms that can be used to incite
         | violence? Boeing engineers for the 737 Max? Toyota engineers
         | for the stuck accelerator issues?
        
           | tomjakubowski wrote:
           | I don't think OP ever said they _should_ face charges, only
           | that they probably will.
        
           | woeirua wrote:
           | You might have missed when the DOJ indicted the Chief
           | Technical Pilot for the 737 Max as a result of the crashes
           | [1].
           | 
           | BTW, he was later acquitted by a jury.
           | 
           | [1] https://www.justice.gov/opa/pr/former-boeing-737-max-
           | chief-t...
        
             | lokar wrote:
             | He personally made false statements to the government
        
           | nomel wrote:
           | I think the last two could easily be a "yes" if failing
           | safety tests were signed off by those engineers.
        
           | giraffe_lady wrote:
           | In absolute seriousness: yes they should.
        
           | [deleted]
        
         | [deleted]
        
       | honeybadger1 wrote:
       | Classic government wasteful spending and appeasement to whom may
       | line their pockets. Everything Tesla/SpaceX has done has been:
       | 1)Light years above the competition 2)Done with less employees
       | and less money 3)Completed in a timespan that makes companies
       | like: Boeing, Blue Origin, Lockheed, and other government money
       | sifting leeches look like the trash that they are. They are an
       | inefficient cancer and the government most forbade another
       | company making the big boy has-beens look as bad as they actually
       | are.
        
         | clouddrover wrote:
         | > _Everything Tesla /SpaceX has done has been: 1)Light years
         | above the competition_
         | 
         | Here are some EVs trying to park themselves:
         | 
         | https://www.youtube.com/watch?v=nsb2XBAIWyA
         | 
         | The Teslas perform the worst. Tesla is yet to achieve full
         | self-parking, never mind full self-driving.
        
         | AlexandrB wrote:
         | Are you aware of how many government grants and tax benefits
         | Tesla/SpaceX have collected[1]? They're as much "government
         | money sifting leeches" as the rest.
         | 
         | [1] https://www.latimes.com/business/la-fi-hy-musk-
         | subsidies-201...
        
           | mlindner wrote:
           | That article is from 2015, firstly, and second if you
           | actually look into what the subsidies are for, they're almost
           | all for things that any manufacturer can access and are not
           | Tesla specific. Are you against any subsidizing of green
           | technologies?
           | 
           | Here's a break down for you:
           | 
           | https://electrek.co/2015/06/02/complete-breakdown-of-
           | the-4-9...
           | 
           | N.B.: Only $20M went to SpaceX and it was local government
           | doing it.
        
           | bpodgursky wrote:
           | First, SpaceX isn't getting (measurable) "grants". They are
           | winning bids.
           | 
           | Second, SpaceX takes far less money on comparable bids than
           | legacy launchers. They simply charge less. That's why they
           | win.
           | 
           | Last, they actually deliver, unlike Boeing. Look at Starliner
           | vs Crew Dragon. They are delivering incredible value for your
           | tax dollars.
        
         | [deleted]
        
         | ModernMech wrote:
         | > Everything Tesla/SpaceX has done has been: 1)Light years
         | above the competition 2)Done with less employees and less money
         | 3)Completed in a timespan that makes companies like
         | 
         | We're discussing Tesla's self driving system. It's certainly
         | not light years above the competition, as it doesn't even use
         | state of the art sensors for safety like LiDAR, which has
         | predictably resulted in multiple Teslas killing their drivers.
         | Maybe they've built what they have with fewer employees and
         | less money, but I don't think that's a win given the deaths.
         | They probably should have used more money and employees to
         | prevent that kind of thing. As for completing it in a timespan,
         | I mean... they're nowhere near done and have been saying for
         | years it'll be ready any day now, yet are still happily
         | accepting money for their promises. That's pretty much the
         | point of all this.
        
         | stefan_ wrote:
         | Obama paid for the Model S. They are only profitable because of
         | California taxes on gas vehicles.
        
       | hellomyguys wrote:
       | Honestly surprised any of this made it past the legal department
       | at Tesla. Any company I've worked at has always been super
       | careful and conservative with the language you use to describe
       | anything.
        
         | klyrs wrote:
         | Musk _wants_ to run a conservative Tesla. Only, the meaning of
         | "conservative" has drifted a long way from how you're using it
         | here.
        
         | izzydata wrote:
         | You can't sell lies if you only tell the truth.
        
           | B1FF_PSUVM wrote:
           | Sadly a misperception.
           | 
           | Modern masters deceive you with the truth - carefully
           | selected facts, but true. Or close enough for legal purposes.
        
         | loeg wrote:
         | Musk doesn't listen to legal.
        
           | beeboop wrote:
           | Do you work in the legal department at Tesla?
        
         | tptacek wrote:
         | This is Tesla, a company that managed to randomly announce that
         | it intended to take itself private, on Twitter.
        
           | xen2xen1 wrote:
           | And probably included a pot joke.
        
           | tenpies wrote:
           | "managed to randomly announce" is a very odd way of saying
           | "the CEO committed securities fraud because bankruptcy was
           | imminent and his entire net worth was sunk into the company".
        
         | colejohnson66 wrote:
         | Because the legal departments don't have veto power on
         | anything. In-house counsel is just that - _counsel,_ but in-
         | house instead of some outside firm. Managers are free to ignore
         | anything their lawyers say, just as you can ignore anything
         | your lawyers say.
         | 
         | The lawyers will cover themselves by writing memos about how
         | they "informed the client to not do thing X, but they indicated
         | that they don't care," but because those are work product,
         | they're confidential. They're only for future malpractice
         | suits, should they come.
        
           | saalweachter wrote:
           | I'd phrase that as legal departments don't have veto power on
           | anything _unless management gives it to them_.
           | 
           | If I -- Minion #64752 in BigCorp -- run my ad copy by legal
           | and they strike it all as a legal hazard, but I run the ad
           | anyway, my boss -- Low-Level Manager #11235 -- is going to
           | fire me the next day, and hope that keeps his boss -- Mid-
           | Level Manager #3142 -- from doing the same to him.
           | 
           | If legal doesn't have veto power on ad copy, it's because the
           | management hasn't given it to them, or because management is
           | making the decision to disregard legal's advice.
        
       | StillBored wrote:
       | So, much of this sounds like a question of just how much you can
       | lie in your marketing material if you then take it all back in
       | the click-through.
       | 
       | I'm curious how many times people have been refunded for the
       | enhanced autopilot claiming a bait and switch. They believed the
       | marketing materials purchased the car, and then discovered when
       | they get it "hey not really".
       | 
       | But, I'm guessing what will hang them, is the question over
       | whether people actually believed the warnings were real or just
       | CYA, and then promptly treated it like a full "better than human"
       | AI.
        
       | [deleted]
        
       | outlace wrote:
       | A bit tangential but I just got a Tesla Model 3 and paid $6,000
       | extra for "enhanced autopilot" buying into all the marketing
       | about it, and its one of the biggest regrets of my life and makes
       | me unable to appreciate an otherwise great car. I just feel sick
       | about it. The enhanced autopilot is buggy and doesn't save me any
       | effort. The summon and auto park don't really work. I think it's
       | a scam. Other than that it's a great car.
        
         | heavyset_go wrote:
         | Write to your state's Attorney's General office, they usually
         | have consumer affairs divisions. The FTC also has a Bureau of
         | Consumer Protection.
        
         | rockinghigh wrote:
         | In my experience (Model 3 and Y), Basic Autopilot works very
         | well on highways and is easier to use than the competition.
         | However, enhanced autopilot and full self-driving do not
         | provide benefits and are still unsafe outside freeways. They
         | are used by Tesla to increase margins and hype their brand as
         | innovative.
        
         | 8f2ab37a-ed6c wrote:
         | Your life is pretty damn good then, all things considered.
        
           | kyleyeats wrote:
           | This is why I never have a good life. I can't give up my
           | right to complain..
        
           | s1artibartfast wrote:
           | Yeah, total humble brag
        
         | tristanb wrote:
         | Interesting - we have it on our first car, love it, and just
         | paid for it a second time on our second car. We regularly make
         | 3-5hr trips with it driving. Maybe something is wrong with
         | yours?
        
       | CloudRecondite wrote:
       | They should probably get a head start on the Tesla Bot
       | investigation as well
        
       | perihelions wrote:
       | - _" The Justice Department's Autopilot probe is far from
       | recommending any action partly because it is competing with two
       | other DOJ investigations involving Tesla, one of the sources
       | said. Investigators still have much work to do and no decision on
       | charges is imminent, this source said."_
       | 
       | - _" The Justice Department may also face challenges in building
       | its case, said the sources, because of Tesla's warnings about
       | overreliance on Autopilot."_
       | 
       | How often do criminal defendants get to read the internal
       | deliberations of their prosecuting office, and before they're
       | even charged?
       | 
       | What a dysfunctional mess. This leak was unethical, unlawful, and
       | unworthy of the gravitas of an office whose work puts people in
       | prison.
        
         | tptacek wrote:
         | If I search the NYT from 1990 to 2010 for "DOJ" "charges
         | imminent", I get >2000 results. There's nothing happening with
         | respect to Tesla here that doesn't happen all the time. DOJ is
         | a big organization; it has 100,000 employees. We just notice
         | this stuff when it intersects people and companies we have a
         | rooting interest (one way or the other) in.
        
         | maxbond wrote:
         | It's entirely possible DOJ decided this was a good time to leak
         | this information. For instance, just spitballing, they might be
         | saying, "hey, we're going to bring charges, but not for a
         | while, and we want to tell investors ahead of time so that the
         | news causes less volatility, and the volatility will be better
         | isolated to just Tesla."
         | 
         | No real way to know from the outside, unless they bring charges
         | against a leaker.
        
         | londons_explore wrote:
         | > How often do criminal defendants get to read the internal
         | deliberations of their prosecuting office, and before they're
         | even charged?
         | 
         | There's really no reason this info should be secret. If you can
         | provide extra info to persuade them not to charge you, then all
         | the better - time saved for both parties.
        
         | [deleted]
        
       | postmeta wrote:
       | how about some criminal charges for politicians who make claims
       | in their ads
        
       | treis wrote:
       | I always thought the Autopilot name and the claims about having
       | all the equipment for FSD were basically fraudulent and Tesla
       | would be liable for false advertisement. Never made the
       | connection of Fraud => Someone driving negligent as a result =>
       | Negligent Homicide/Manslaughter but it seems solid and somewhat
       | obvious once stated.
        
         | WWLink wrote:
         | > I always thought the Autopilot name and the claims about
         | having all the equipment for FSD were basically fraudulent and
         | Tesla would be liable for false advertisement
         | 
         | Same. I thought they'd get slapped hard and forced to stop
         | doing that YEARS AGO.
         | 
         | Instead they doubled down and started selling "full self
         | driving"
         | 
         | lmao.
        
           | tenpies wrote:
           | The whole Musk saga is basically a cautionary tale for
           | regulators, and a classic American story of regulatory
           | capture.
           | 
           | The second something that's not autopilot was marketed as
           | autopilot should have been an instant barrage from the FTC.
           | 
           | The second Musk committed securities fraud for "funding
           | secured" he should have been banned from ever being an
           | officer or director in a publicly listed company.
           | 
           | The second it became clear that Tesla was ignoring the
           | requirement to have a Twitter Nanny on Musk's Twitter, the
           | SEC should have obliterated the Tesla board.
           | 
           | But this is the post-Obama US, where insider trading is fine
           | as long as it's the Right People doing it. Where bankers and
           | investors can take obscene and reckless risk knowing the tax
           | payer will cover their loses. Where a President's son can
           | openly try to sell influence - who knows with what degree of
           | success - and the intelligence agencies won't move a finger.
           | So the Musk saga makes perfect sense.
        
             | AlexandrB wrote:
             | I agree, but I think this predates Obama. More like post
             | Reagan US? Maybe post Clinton?
        
         | concinds wrote:
         | This comment is highly misleading; the DoJ probe centers on
         | fraud and "misleading consumers, investors and regulators". It
         | has nothing whatsoever to do with manslaughter, and Reuters
         | never even hinted at this.
        
         | sedatk wrote:
         | That's what I thought too, but interestingly, autopilot is mere
         | cruise control for airplanes. It can't take off or land the
         | plane, it doesn't change course. It's definitely not "self-
         | flying". But somehow, the term "autopilot" for cars made me
         | think that the car would drive itself. That's an interesting
         | twist of perception.
        
           | ethanbond wrote:
           | I'm pretty sure autopilot in planes _can_ land them. They don
           | 't do this because they need pilots to be trained in how to
           | land them in the event of autopilot failure. I know for a
           | fact there are non-commercial planes, for example, that will
           | detect pilot incapacitation, find the nearest airport,
           | account for local weather, talk to ATC, and land the
           | aircraft.
        
             | sedatk wrote:
             | That's ILS, AFAIK, not autopilot per se.
        
           | jrochkind1 wrote:
           | Tesla apparently also uses the phrase "Full Self-Driving"?
           | 
           | I don't think the claims are solely about the name
           | "autopilot", but additional names and marketing.
        
         | Symmetry wrote:
         | I've generally always considered level 2 or 3 autonomy to be a
         | recipe for disaster, humans can't be expected to remain alert
         | and respond quickly when they aren't doing anything. But at the
         | same time the way Tesla autopilot woks is congruent to
         | autopilots on boats or airplanes. Those won't avoid other
         | vehicles and are usually perfectly happy to let you crash into
         | shoals or mountains.
        
           | ht85 wrote:
           | Taking human nature into account has driven so much progress
           | in terms of road safety.
           | 
           | Cue corporation selling you "Full Self Driving" for 5
           | figures, allowing your vehicle to become autonomous. Except
           | you have to be alert and behave as if it wasn't. At all
           | times. Of course.
        
             | kylecordes wrote:
             | The usual FSD complaint is that Tesla has been offering it
             | for years, at ascending prices, without any date-certain of
             | delivering it (just tweets predicting it), without
             | refunding it when not delivered after X years. I can easily
             | imagine an eventual class-action suit requiring some % of
             | refund all the way back to the first car purchased with
             | someday-FSD (!).
             | 
             | If they deliver it, then (at that time, and depending on
             | how well it works), the complaints of not-good-enough or
             | dangerous-killing-people could come into play.
             | 
             | The second thing sounds even more dangerous to Tesla -
             | smart to keep delaying (and building up that first risk
             | higher and higher!)
        
               | CoastalCoder wrote:
               | So like Star Citizen bit for cars.
        
           | treis wrote:
           | If anything this just cements why they shouldn't have called
           | it autopilot in the first place.
        
           | sidewndr46 wrote:
           | I'm not sure if you're being serious, but the way "autopilot"
           | works in a private yacht is the captain turns it on and goes
           | below deck and gets drunk with the rest of the crew. It just
           | maintains a heading towards a destination at that point.
           | 
           | You learn very quickly on the water to get out of the way of
           | large private yachts when in open waters. There is literally
           | no one at the helm. Even if they did notice you, they aren't
           | in a position to halt the boats travel.
        
             | gabesullice wrote:
             | Autopilot in planes is not remotely as you described. It is
             | used to reduce cognitive load precisely so pilots can pay
             | _more_ attention to higher cognitive demand tasks than
             | maintaining straight and level flight. Such as collision
             | avoidance, radio communication, navigation, briefing, etc.
             | 
             | Your point only alleges that amateur yacht drivers act
             | irresponsibly, not that naval autopilot systems are
             | inherently unsafe.
        
               | ceejayoz wrote:
               | Garmin released a product that does the radio comms,
               | navigation, and landing in an emergency.
               | https://discover.garmin.com/en-US/autonomi/
        
               | tjohns wrote:
               | If by "radio comms", you mean playing a pre-recorded
               | emergency message on a loop telling everyone to get out
               | of the way.
               | 
               | It can't visually identify non-ADS-B traffic (and I'm not
               | even sure yet if it will avoid ADS-B equipped traffic?),
               | it can't comply with ATC clearances, it can't coordinate
               | with other pilots in the pattern, and it will happily fly
               | your aircraft right into potentially-fatal icing
               | conditions. It certainly can't be used during routine
               | flight.
               | 
               | Garmin Autoland is a wonderful piece of engineering, but
               | even at best it's not a replacement for what a pilot
               | would normally be doing to safely navigate. It's strictly
               | there as a last-resort measure if the pilot is
               | incapacitated.
        
             | jonny_eh wrote:
             | Luckily the seas are very big, so there's much less of a
             | chance of a collision. Not zero though.
        
             | mike_d wrote:
             | You left out the part that if there is a collision or loss
             | of life the captain goes to prison.
        
               | s1artibartfast wrote:
               | Same with cars
        
           | mrtksn wrote:
           | We have a small and cheap Japanese car that features adaptive
           | cruise control and line assist that works pretty alright. So
           | it's essentially like line following robot that can adjust
           | its speed to keep a safe following distance and do hard
           | breaking if needed.
           | 
           | It's feels almost like full self driving when you drive on
           | the highway.
           | 
           | It makes the ride significantly less tiresome but I would say
           | it definitely reduces my attention.
           | 
           | I can totally see how people with more capable systems may
           | treat the car as intelligent enough to drive %100 by itself
           | and became negligent.
        
             | cyrux004 wrote:
             | See. This is the problem. Where do you draw the line ? I
             | can see somebody who can come and say, adaptive cruise
             | control and lane departure assist which applies slight
             | tourque when the car sees your drift out of lane very
             | helpful to them. next up, adaptive cruise control and lane
             | centering which applies torque most of the time on straight
             | roads but cant do curves. THis is now available most if not
             | all car systems today , in the most basic version without
             | any additional packages.
             | 
             | Then comes some smarter ones like Tesla AP or comma.ai
             | which are pretty good at centering on straight roads, curve
             | roads, wide lanes, lane splitting etc.
        
               | rootusrootus wrote:
               | Are there cars shipping now with lane centering that can
               | only handle perfectly straight roads? In my experience
               | most manufacturers currently offer at least one model &
               | trim that has lane centering & adaptive cruise that is
               | functionally equivalent to basic AP. In some cases, e.g.
               | SuperCruise, it's significantly better.
        
             | salty_biscuits wrote:
             | Where I live and with the kind of driving I do it actually
             | feels safer because I get less tired on longer drives. This
             | is long straight semi rural driving though. I don't use it
             | on tight roads or in traffic. Be interesting to see the
             | statistics on safety of lane assist and adaptive cruise
             | control.
        
             | jiggawatts wrote:
             | Mine has radar cruise control and "lane assist", which
             | gives you a nudge back if the car drifts, but won't try to
             | follow the lane by itself. Instead, it just beeps at you
             | angrily and stops you killing yourself.
             | 
             | I think that's a good balance, because it's giving you
             | alerts but you're still the one driving.
        
               | ummonk wrote:
               | Yes I have the same thing and it's great. The radar
               | cruise control allows me to stop being focused on
               | maintaining speed and following the car ahead of me and
               | let's me put more attention towards noticing traffic
               | developments ahead, scanning the state of cars around me,
               | and keeping an eye out for various hazards. I wouldn't
               | want lane centering (as opposed to lane keep assist,
               | which I have), because it would be too easy to shutoff
               | and not pay attention to what's going on, and the window
               | between realizing the lane centering is doing something
               | wrong and needing to take over from it is too small for
               | comfort given human reaction times.
        
           | GuB-42 wrote:
           | One significant difference between Autopilot in Teslas and
           | autopilots in airplanes is that in an airplane you typically
           | have to prove that you can use the autopilot correctly in
           | order to be allowed to fly that plane.
           | 
           | Another difference is that piloting a boat or a plane is
           | usually much less dependent on quick reactions than when you
           | are driving a car. The skies and seas are much more open,
           | with much less traffic than on the road. On a well trimmed
           | plane, I could probably sleep for 10 minutes and there is a
           | good chance nothing will happen. Obviously, it is excessively
           | dangerous, but I am not almost guaranteed to crash as I would
           | be on a car. Flying or sailing is more about precision and
           | planning than it is about reacting.
        
             | nneonneo wrote:
             | Plus, if something bad does happen in an airplane, the
             | flight crew typically has on the order of minutes to solve
             | or mitigate the problem, vs. mere seconds in a car.
        
             | medion wrote:
             | Having crossed oceans on autopilot, I've had three very,
             | very near misses - so even in an environment which is
             | virtually an uninhabited desert in comparison to a road,
             | the risk in not maintaining appropriate and proactive watch
             | is real.
        
               | throw827474737 wrote:
               | Curious, what near missed?
        
               | nsxwolf wrote:
               | "Near miss?! It's a near hit! A collision is a near miss!
               | 'Oh what a shame, they nearly missed'" - George Carlin
        
         | nixass wrote:
         | Will they finally be forced to name it adaptive cruise control,
         | as it should've been from beginning?
        
       | VagueMag wrote:
       | > _The Justice Department's Autopilot probe is far from
       | recommending any action partly because it is competing with two
       | other DOJ investigations involving Tesla one of the sources said.
       | Investigators still have much work to do and no decision on
       | charges is imminent this source said._
       | 
       | This is definitely a thing that happens. If you are ever doing
       | crimes, just be sure to commit a whole bunch of them so the DOJ
       | has to move more slowly. It's a too-many-cooks-in-the-kitchen
       | kind of thing.
        
         | 8ytecoder wrote:
         | And do it openly and in public.
        
           | ramesh31 wrote:
           | >And do it openly and in public.
           | 
           | And make sure the figures involved are not below 9 digits.
           | That way, when you get your two year (6 months with good
           | behavior) white collar slap on the wrist, your French Chateau
           | will still be waiting, and you can laugh at the guy who's
           | doing a decade for bouncing a $200 check on the way out.
        
         | dragonwriter wrote:
         | > It's a too-many-cooks-in-the-kitchen kind of thing.
         | 
         | It's actually a 5th Amendment (double-jeopardy) thing;
         | prosecuting a subset of crimes from a single course of conduct
         | may preclude prosecuting others depending on their
         | relationship, so it becomes important to fully investigate
         | before prosecution.
        
           | lazide wrote:
           | In this case I suspect it's also a 'Elon musk has too many
           | lawyers and is acquiring a company that "buys ink by the
           | barrel"' problem too.
           | 
           | Everyone involved is going to be very careful to not end up
           | personally targeted or liable, and that nothing done could be
           | twisted to make themselves or the administration look like
           | idiots.
           | 
           | It's a big part of why 'the rich don't have consequences', as
           | is the current fashion to say - they can defend themselves
           | against all but the most careful prosecutions, and can afford
           | to hire people to make sure their asses are covered (if they
           | think to do so).
           | 
           | As to if Elon actually did cover his ass here is yet to be
           | determined. I think he probably didn't sufficiently, but can
           | muddy the waters enough to not go to prison, and would just
           | have to shell out some money in a decade or so to fines or
           | civil suits.
           | 
           | Only time will tell!
        
             | nverno wrote:
             | They're investigating a company not an individual. The
             | article really gives no information about which individuals
             | might be liable.
        
               | lazide wrote:
               | Of course! We all know who 'runs' those companies, who is
               | the prominent face of those companies, who has repeatedly
               | made very public (and often dubiously factual)
               | pronouncements about the exact technologies and products
               | at the center of the investigation, who has all their net
               | worth tied up in these companies, who has been an
               | outspoken critic of various government agencies (and
               | relatively politically active), and also happens to be
               | very publicly buying a hot button social media platform
               | right now.
               | 
               | Completely unrelated to Mr. Musk, I'm sure.
        
         | leroman wrote:
         | I propose to call this kind of attack LAPA ("Legal Analysis
         | Paralysis Attack")
        
           | VagueMag wrote:
           | I think it's "No One Wants To Be the Pin That Pricks the
           | Overinflated Tesla Stock Bubble" paralysis.
        
           | klyrs wrote:
           | Watching Trump do the same, I've taken to calling it the
           | Montgomery Burns Defense (canonically known as Three Stooges
           | Syndrome in the Simpsons episode, apparently)
        
       | hnburnsy wrote:
       | >the people familiar with the inquiry said >the sources said
       | >they said. >one of the sources said >this source said
       | 
       | These articles with no named sources are so tiring. This one
       | didn't even bother to tell us why the sources are anonymous. Hard
       | news and serious journalism is dead and buried. Did this reporter
       | even have to leave their figurative basement to write this story?
        
         | rsynnott wrote:
         | If reporters name their sources on stories like this, then
         | suddenly they don't have sources anymore, and the media
         | becomes, well, pretty much a system to regurgitate press
         | releases. Like, this is how it has always worked.
        
       | mlindner wrote:
       | This is after last week Reuters claimed that Elon Musk was under
       | a federal investigation, which the White House later denied.
       | (Almost no one reported the denial.) I'd wait for more
       | information before jumping to conclusions.
       | 
       | Between the regular pro-Russian reporting and this and other
       | issues I've found Reuters to be a highly unreliable source
       | recently. They're very hit and miss.
       | 
       | Important also to look at the stock market. There's zero blip on
       | the stock ticker from this news, which means that basically no
       | one who owns decent amounts of TSLA stock care about this. Which
       | generally means that they know something that's not in this
       | article.
        
         | ncallaway wrote:
         | > which the White House later denied
         | 
         | I don't think the White House denied that Elon Musk was under
         | investigation. It would be...completely inappropriate for the
         | White House to comment on specific investigations from the FBI
         | or DOJ.
         | 
         | Rather, the White House denied that there was a national
         | security review of Elon Musk's projects. That's important, but
         | very distinct from a denial that there are no investigations of
         | Elon Musk. It's also a subject matter that is much more
         | appropriate for the White House to comment on.
        
           | mlindner wrote:
           | > I don't think the White House denied that Elon Musk was
           | under investigation.
           | 
           | https://twitter.com/SawyerMerritt/status/1584648258130829317
           | 
           | I'll let the White House press secretary speak.
        
             | pvg wrote:
             | That statement is about a national security review. What
             | Reuters report do you think this disputes? Reuters reported
             | on an investigation claim made by others in court:
             | 
             | https://www.reuters.com/markets/deals/elon-musk-under-
             | federa...
        
             | gpm wrote:
             | "There's a lot of interest in this. We heard those
             | reportings, those reportings are not true, so we'll leave
             | that there. The national security review, that is not true
             | and I really don't have more to say on that piece, on Elon
             | Musk and what he's choosing to do and not to do, I'm not
             | going to say more from here".
             | 
             | Which... sounds exactly like what the person you are
             | replying to was saying.
        
         | therouwboat wrote:
         | "WILMINGTON, Del., Oct 13 (Reuters) - Elon Musk is being
         | investigated by federal authorities over his conduct in his $44
         | billion takeover deal for Twitter Inc (TWTR.N), the social
         | media company said in a court filing released on Thursday.
         | 
         | While the filing said he was under investigations, it did not
         | say what the exact focus of the probes was and which federal
         | authorities are conducting them."
         | 
         | They are reporting what the court filing said, what are they
         | supposed to do?
        
           | mlindner wrote:
           | > They are reporting what the court filing said, what are
           | they supposed to do?
           | 
           | Maybe put a modicum of effort into verifying comments put
           | forward by an antagonist in a court case? Lawyers regularly
           | lie or twist the truth in an attempt to push their case
           | forward.
        
             | pvg wrote:
             | They source is clearly identified - they're reporting on a
             | court case which involves, you know, reporting what the
             | parties say in court.
        
       | cbeach wrote:
       | What is the government's minimum standard for a car autopilot to
       | be sold as an "autopilot"?
       | 
       | Air autopilots rely on a pilot being present, observant, and able
       | to take over if necessary. Air autopilots are not infallible.
       | 
       | How could the government come up with benchmark standards for car
       | autopilots when Tesla (and others) are actively inventing the
       | technology?
       | 
       | How could Tesla realistically train its ML models if not for the
       | billions of miles of data it collects from Tesla owners?
       | 
       | How much damage will this litigation do to American autonomy R&D?
       | 
       | How much of the recent Musk hatred (by institutions such as the
       | media, and large elements of the public) is due to Musk re-
       | aligning himself politically against the Democrats and Big Tech?
        
       | coding123 wrote:
       | I've said this in the past but instead of the government just
       | allowing auto-updates and what not, the AI needs to pass a
       | driving test. Each version must be certified by some test. No,
       | not the same test a human driver goes through. Something super
       | rigourous that involves semis tipping over, bridges falling from
       | above, babies crawling in the road, dogs, deer, rain, smoke,
       | hail, snow, elephants, downed power lines. Maybe even a 10 year
       | old kid running in front.
       | 
       | Something that all of the companies would go through,
       | administered by the government (not waymo).
        
         | CamperBob2 wrote:
         | Meanwhile, 30,000 people a year will continue to die in car
         | crashes while you strangle the entire industry in red tape.
         | But, hey, at least you're "doing something."
        
       | nixass wrote:
       | Will they finally be forced to name it adaptive cruise control,
       | as it should've been from beginning?
        
       | DarkmSparks wrote:
       | While I understand the motivations for the investigation, and
       | fully agree its an investigation worth conducting.
       | 
       | I dont think it actually has merit, at least not in the terms
       | framed by the article.
       | 
       | In most circumstances it "probably is better than a human
       | driver", not all circumstances, and not proven (hence probably).
       | 
       | But if LM can push the F35 as the best jet ever while it racks up
       | a wreckage count to make the 737 Max jealous, claims made by
       | Tesla arent even in the same ballpark....
       | 
       | It would be a real shame if we lose any chance of full self
       | driving over a misunderstanding about the system being "not
       | perfected yet"
        
         | ModernMech wrote:
         | > It would be a real shame if we lose any chance of full self
         | driving over a misunderstanding about the system being "not
         | perfected yet"
         | 
         | We can still have self driving cars, but they should be
         | developed within a culture that values safety. Tesla is not
         | such a culture. We know this because after the first accident
         | that resulted in decapitation, Tesla collectively shrugged and
         | made the problem worse by removing sensors, which predictably
         | resulted in a second decapitation. They collectively shrugged
         | after that one as well, and again made the problem worse by
         | removing more sensors.
         | 
         | Tesla does not value safety, and their YOLO attitude toward
         | driverless cars, in which the general public is forced to
         | participate in their beta test whether we like it or not, is
         | holding the driverless car industry _back_. They are not
         | friends of the cause, and the sooner they are prevented from
         | running beta tests on the general public (which have caused
         | deaths), the sooner the industry as a whole can move forward.
         | Reckless engineering by Tesla will not result in a net gain in
         | safety for everyone. Safety is hard even when done
         | intentionally, it won 't be achieved as a second order effect
         | of Tesla's "move fast and break things" ethos.
        
           | ckw wrote:
           | If Tesla doesn't have a culture that values safety, why are
           | their vehicles safer in crashes than all other comparable
           | vehicles?
        
           | ajross wrote:
           | > Tesla does not value safety
           | 
           | This is a weird framing. Are Teslas unsafe? Either they are
           | or they aren't, right? Are other cultures that "value" safety
           | producing safer cars? If they're not, does that say anything
           | about the value of "values"? What's the goal here, values or
           | safety?
        
             | klyrs wrote:
             | > Either they are or they aren't, right?
             | 
             | No, that's not a binary, and never was.
        
               | ajross wrote:
               | It was an expression. Certainly you agree it's
               | _quantifiable_ , right? (Unlike "values"). Questions of
               | the form "are accidents, as defined this way, blah blah
               | blah blah, more or less likely likely to occur in a Tesla
               | than in a member of this other suitably defined vehicle
               | cohort, blah blah blah" ... are answerable in a binary
               | fashion. Right?
        
           | cbeach wrote:
           | What they're doing by removing different types of sensor is
           | -simplifying- the Tesla system design and bringing it closer
           | to human senses (ie eyesight alone).
           | 
           | Apparently Hacker News thinks humans are safer than
           | Autopilot. So why wouldn't we advocate a highly advanced
           | vision-based model in cars, rather than a complex, awkwardly
           | synchronised fusion of different classes of sensor?
           | 
           | Take LiDAR, for example. Some claim it's superior to Tesla's
           | vision sensors. But LiDAR can't detect colour, so how will it
           | read traffic lights? Its model of the world will have to be
           | synced up to a camera vision-based model of the world.
           | Syncing two 3D (4D in fact) models precisely is a pretty
           | tough problem to solve. Complexity becomes a risk in its own
           | right.
        
         | ajross wrote:
         | > In most circumstances it "probably is better than a human
         | driver", not all circumstances, and not proven (hence
         | probably).
         | 
         | That's the core issue here, really. Is autopilot more or less
         | safe than a human driver? If it is, then it's hard to see how
         | there's any criminal liability here. (And "fraud" judgements
         | over "the car doesn't really drive itself" would be limited to
         | a refunded purchase price on vehicles that sell used higher
         | than their sticker price).
         | 
         | And... is it less safe? Tesla publishes their own data saying
         | not only is it safe, it's _MUCH_ safer. Every time the subject
         | comes up, people show up to whatabout and explain how that 's
         | not a good data set. But does anyone have a better one? Does
         | the DoJ?
         | 
         | I was making this point last year when there were half as many
         | Teslas on the roads: there are _millions_ of these cars now,
         | and every one has autopilot[1]. Any notable safety data would
         | be glowing like hot plutonium if it existed. It probably doesn
         | 't exist. Teslas seem to be safe; they're almost certainly
         | safer than the median vehicle.
         | 
         | [1] The headline obscures it, but the text makes clear the
         | investigation is about the Autopilot product, not anything
         | branded FSD.
        
         | klyrs wrote:
         | > It would be a real shame if we lose any chance of full self
         | driving over a misunderstanding about the system being "not
         | perfected yet"
         | 
         | It would be. But there's no misunderstanding here. Tesla
         | continues to misrepresent their self driving capabilities in
         | marketing materials, after years of feedback that tech hasn't
         | caught up to the promises. If Tesla's profit-seeking dishonesty
         | were to undermine the entire industry, that would be a shame.
         | 
         | "It would be a real shame if this snake oil were banned before
         | we had a chance to figure out what it can cure" might be a
         | better framing.
        
         | bigmattystyles wrote:
         | I know it's on top of mind when I'm commuting in my F35. /s
         | 
         | Comparing a military jet which operation requires thousands of
         | hours of training just to get off the ground compared to a mass
         | produced vehicle is not a valid comparison, at least in my
         | mind. Plus what LM pushes to its stockholders is definitely not
         | as comprehensive as the Pentagon gets.
        
       | club_tropical wrote:
       | Twitter deal.
        
       | ramesh31 wrote:
       | Autopilot is a fantastic, world leading technology. But the
       | marketing of it was (and continues to be) nothing short of
       | criminally negligent. There are over a dozen confirmed deaths at
       | this point, _directly_ attributable to the outright lies spewed
       | by Elon and co. regarding its ' capabilities.
       | 
       | We were able to ban _lawn darts_ in the 80s because of a few
       | isolated incidents. But the state of affairs we are in now is
       | only possible due to the absurd level of regulatory capture we
       | 've reached in this country. I don't expect anything to change at
       | this point.
        
         | adam_arthur wrote:
         | I wouldn't even call it regulatory capture. More of a conflict
         | of interest by lawmakers holding specific company stock.
         | 
         | No lobbying needed
        
       | alfor wrote:
       | What if Tesla are safer than a regular driver?
       | 
       | What if they actually saved lives?
       | 
       | There is plenty of video evidence of that:
       | https://youtu.be/hF96jQ0SY8w
       | 
       | Would we try to stop it? A lot of companies would like to stop
       | it, that's for sure.
       | 
       | There no doubt that a computer will match a human, than exceed
       | its capability, 24x7, never tired, never distracted.
       | 
       | For the moment, every drive has to acknowledge that they are
       | responsible, need to keep the control and have to stay vigilant
       | every time they use self-driving. It seems to me that take
       | precedence to the product brochure or random comment in a tweet a
       | few years ago.
       | 
       | Of course this comment is going to be heavily downvote like
       | everything positive about Tesla here. I wonder why?
        
         | shadowpho wrote:
         | >What if Tesla are safer than a regular driver?
         | 
         | And what if they are not?
         | 
         | Furthermore to me the issue is not safety vs not-safety, but
         | the advertisement is clearly misleading at least
         | 
         | >For the moment, every drive has to acknowledge that they are
         | responsible, need to keep the control and have to stay vigilant
         | every time they use self-driving. It seems to me that take
         | precedence to the product brochure...
         | 
         | Maybe we should hold the company to make sure the product
         | brochure is truthful. Because if people trust the brochure they
         | might die over it.
        
         | mikestew wrote:
         | _What if Tesla are safer than a regular driver?_
         | 
         | And what if a frog had wings? Why, it wouldn't bump its ass
         | when it hops!
         | 
         |  _I wonder why?_
         | 
         | Probably not what you're thinking, but I'd guess a lot of "what
         | if..." with a single, carefully-selected video to back the
         | hypotheticals.
        
       | wnevets wrote:
       | I was told FSD cars was only 5 years away roughly 12 years ago.
        
         | smnrchrds wrote:
         | Any day now, everyone will be playing Half-Life 3 on their
         | Linux desktop during their commute in self-driving cars. /s
        
       | sidibe wrote:
       | I'll know when Tesla is actually taking these probes seriously
       | when they finally take off the laughably deceptive video from
       | https://www.tesla.com/autopilot.
       | 
       | Tldw it is a video that says the driver is only there for legal
       | reasons, and it took them many takes to make the video.
       | 
       | That's been there for many many years and any time this topic
       | comes up I check it and yup, still there.
        
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