We are talking about engineers, yes, but, guys like the research and development chiefs of Audi and Porsche, Ulrich Hackenberg and Wolfgang Hatz, or Hanno Jelden, head of the company's powertrain electronics.
These guys are top execs. Likely substantial performance incentive packages.
Such execs, like any CTO anywhere, could run a "special project" like this off the radar, to hit projected metrics, and bonus targets.
Don't take VW's word for it, here is the German prosecutor's take:
> The number of Volkswagen employees that orchestrated the diesel-emissions scandal that's rocked the automotive industry was likely fewer than 10, according to the public prosecutor's office in Braunschweig, Germany.
http://www.autoblog.com/2015/10/23/fewer-than-10-vw-engineer...
Often we engineers know things the CEO doesn't. I'm confident that happens across industries.
Yes, CTO's can run a 'special project' but the engineers are quite aware of the situation with respect to emission targets in this specific case and must have been very much aware that they were doing something that was fraudulent. The people mentioned there certainly had incentives but did not have VW in their pocket to such an extent that they could interpret their mandate as carte-blanche to commit fraud. These are not stupid people, on the contrary. My interpretation is that they were told to do this 'in whatever way possible' and that they interpreted this possibly as 'and that includes illegal but don't tell me about it'. Plausible deniability are the key words.
Whether that's the case or not will come out in due time, it always does. See Oliver North, Watergate and countless other scandals where you can only throw so many people under the bus until someone does a tell-all.
I note that the prosecutor hedges his words carefully ('likely' and 'orchestrated') and I also note that on the VW org chart it would not take more than 10 people to go from the CEO level all the way to a single programmer to insert this code.
That would also still require someone to either cooperate with this scheme at the auditors side, especially given the nature of the Bosch memo and the document linked by user PeterStuer which you may take as common knowledge within the automotive industry. In such circumstances a source code level audit of the software that ends up in the shipping devices to make sure everything is above board would seem to be indicated at a minimum.
I don't consider myself an idiot but there are many times I read about actions taken by companies and go "S&*t that's legal!?!?!?". Many times unscrupulous and gray areas in the law aren't technically illegal. In addition the the Milgram experiments shows that even very smart people feel enormous pressure when when confronted with an authority figure. These two effects and I can imagine how hard it would be when the V.P. comes in and has a talk with you about how he had talked with legal counsel and they had looked over the regulatory rules and decided this was allowed, and other automotive companies were doing it.
The engineer could easily rationalize this away thinking "surely VW wouldn't do something illegal. They could get in so much trouble. I imagine I just misunderstood the laws."
The best explanation so far of how this may have come to pass is that the compliance department and the engineers that actually wrote the code report to the same person but not the CEO. That would allow the CEO to claim he and the board didn't know anything about this. That still leaves you to wonder how they could have been duped so easily, after all 'tremendous problem solved by magic' normally does not pass the smell test.
Now you're calling them dumb. That's probably even worse than malicious. This is one of the reasons why I am bothered with the VW explanation they actively picture themselves as incompetent because it looks better on your resume than 'criminal' and they are not at all worried about throwing VW as a brand under the bus.
There can be a legitimate reason to develop test cycle detection. And obviously, any ECU has the capability to put the engine in different regimes. Combining these two specifically for the purpose of cheating on emissions tests is not some major engineering project, if the pieces exist. In fact, you can make a decent argument that if you wanted to be maximally sneaky and evil, that's exactly how you'd do it. You'd keep the number of people without plausible deniability very, very low.
An ECU is not a 'big complicated thing', there is a ton of software in a car but the ECU itself happens to be one of the more easily understood parts where anything that does not have an obvious and direct function stands out like a sore tooth. There is also a very distinct point in time where the problems magically disappeared and of course it would be a simple thing to review the changes committed around and prior to that time. (Let's at least assume they have some kind of source code control system.)
If anything the auditors are more trusted than the programmers and they would definitely have had insight into the ECU code.
It is not conceivable that there is some kind of 'the cube' like conspiracy where the parts each individually look clean because one fairly large chunk of code was contributed by the Bosch company and contained a fairly explicit piece of code to detect the test cycle. If it's labeled 'process bananas' and an auditor is not able to figure out what it does it is their duty to actually dig until they understand that piece, that is what they are paid for.
So I believe that you are principally right that besides one exec and a bunch of people down from there in the org chart they kept the number of people as limited as they could but there is no way the compliance department was this incompetent unless a rookie was specifically tasked with auditing that particular engine to make sure the cheating stayed hidden. A seasoned auditor would spot this in a heartbeat and no rookie should have been able to sign off on these changes on their own.
And 'plausible deniability' is a very very thin fig leaf away from being culpable, all it takes is a single email or confession to pierce that veil and with the number of people VW is throwing under the bus (and at ever higher levels) it is a matter of time before someone decides to come clean about the whole thing.
To me, VW's story is at least somewhat plausible because it is not difficult to intentionally and specifically set it up to be that way. I don't have any trouble believing that they deliberately went to great lengths to ensure that and that outside of a small group of crooks (culturally and otherwise encouraged and enabled from above), it was borderline enough that nobody stood up and said 'this is illegal and effed up, I'm going home'.
As an aside, this same argument could also be used as justification for NSA programs that violate civil rights.
Just imagine. Some German engineer was pressured into doing this. I guess it only counts when your decisions materially affect your own situation, in all other situations principles are free. Engineers should stick to their oath, and should use their fraternity to block stupid decisions such as these, even if that leads to individual hardship.
After all, what's next? Bridges that collapse? Buildings that you can't trust? Aicraft manufacturers? You have to draw the line somewhere and it is generally recognized that the engineering profession needs to be trusted by the rest of society if society is to continue to function. You can make mistakes as an engineer but you simply can not be caught even accessory to fraud, that's risking the reputation of the profession as a whole.
Examples abound. Do you know who is the only person sent to prison for waterboarding prisoners (and to be clear, torture)? The guy who told the press about it [1]. Hell, just yesterday there was a JPMorgan whistleblower on here who got fucked out of his job; they made sure he had 3 complaints on his record then lied under oath about who wrote the complaints so he can't find a new employer.
The upshot is, at least in the US, only fools report on their employers because there's a very real chance you lose your ability to earn a living. The anti-retaliation laws may be very pretty but appear to have zero teeth.
I wouldn't be surprised if the situation in Germany is similar. I'm not saying engineers should do this sort of stuff, but imagine for a second the costs to telling various governments what they were busy not seeing. So if the price of being honest is you have to quit one of the largest employers in Germany, who is quite possibly the sole employer of what you do where you live, it may well require you and your family to move. At minimum! Not to mention a backchannel negative reference if your boss feels like hurting you.
Yes, whistleblower is not an easy path but there are many ways in which this could have been done without direct danger to the people involved (too many people knew about it to figure out who sent that anonymous package to the top 10 German press outlets). There are also some pretty powerful unions that could have helped with this.
I think (but hope otherwise!) that you're totally wrong about how the power structures in Germany would have reacted to this very unwelcome news.
Um... what oath?
This is a metaphor for any engineering department given unrealistic performance targets. Engineers find solutions, so make sure they are targeted at the right problems.
US VW scandal is about going way further than just designing the vehicle to satisfy a specific test -- it actively detects that it is being tested and adjusts operation. It's one thing to, say, not try to optimize emissions while towing another vehicle if the standard does not measure emissions during towing, and quite another to cheat on a test that does.
Deleted comment
https://news.ycombinator.com/item?id=10717216
9 Vehicles tested under driving conditions for NOx emissions.
These other tests that show the cars pollute more in the "real world", is there any evidence that they actually detect the test and cheat like VW did? Or are they merely optimized for the speeds used in the test? These are two entirely different things. There's a huge difference between gaming the test and outright cheating. In one case, if you drive very very gently in the real world, you will get the test results. In the other case (VW) you could never hit those pollution numbers no matter how gently you drive (or how perfectly you replicate the testing drive cycle).
http://img3.auto-motor-und-sport.de/Abgastest-Wertung-fotosh... (blurry, sorry)
At the top of the NOx scale we have a VW TDI engine (albeit in an Audi Quatro application).
Near the bottom of the NOx scale we have... a VW TDI engine.
In other words, VW already had the capability to eliminate the emissions through design, but chose to cheat the tests instead. That is rather damning evidence, and serves as a rebuttal for those who think that VW is somehow being unfairly targeted.
Clearly, many other companies also need to lower their emissions, and regulators need to adopt meaningful tests. But to cheat the tests that do exist, and for no clear need (except possibly profit margins) is inexcusable.
If it turns out that other competitors did the same, VW – and even other German companies, due to the hit the brand "Made in Germany" got from this – might be able to sue the US via ISDS for lost sales in hundreds of billions.
The media focus has been solely on VW, despite others doing the same.
This is enough that VW can show to be unfairly targeted, as it’s standard market practice.
If VW can show that others did the same, but did not get the same media resonance, then VW can sue for the lost sales based on an estimation of the difference in reputation loss.
Hell, even other companies in Germany have reported lost sales due to the "German engineering = pollution" that US media have pushed recently.
That's because there is evidence about VW.
> This is enough that VW can show to be unfairly targeted, as it’s standard market practice.
No, it really is not.
> If VW can show that others did the same, but did not get the same media resonance, then VW can sue for the lost sales based on an estimation of the difference in reputation loss.
It's an interesting theory about how the law could work but unfortunately somewhat detached from what I know about how the law actually works. VW does not get to claim any 'lost sales' directly attributable to their own conduct, regardless of who reported on it and how frequently even if all their competitors did it too. If VW has evidence that other manufacturers cheat as well they're probably more than welcome to present it. (And if they had such evidence they probably would.)
> Hell, even other companies in Germany have reported lost sales due to the "German engineering = pollution" that US media have pushed recently.
Yes, and VW is to blame for that. Not the US media.
9.
VW is not the only one in this whole situation.
In case of VW, in addition to that report an actual device to fool the tests was discovered.
(And, in reality, I’d say the US government is more influenced by the media than the other way around – as can be seen in the situation with Comcast, TWC, etc)
But if everybody else isn’t equally punished, or equally investigated, than that is against the constitution, too.
You keep making these grand claims about the constitution and the law and this whole VW affair that have absolutely no basis in fact. Please stop that it is just throwing up a huge smokescreen and it measurably devalues the discussion.
I'm sure that it fits your worldview but fwiw no matter how hard and how often you write this stuff it does not make it true. The constitution has absolutely nothing to do with this, VW was not 'singled out' and you are actively harming your reputation on HN. As a German student I understand that you feel that VW has been treated 'unfair' but they brought this on themselves, BMW was tested as well and passed the test even though they too emitted more NOx than they should have depending on the circumstances, they did not use a 'test defeat device'.
From what we have in terms of evidence to date no other company has engaged in such blatant fraud in this respect as VW has. If you have evidence (as in hard evidence, not just hunches) that another manufacturer also employs a cheating device then you could make headlines the world over by sharing that proof and I for one would be very supportive of you.
But all these statements that defend VW and even suggest that VW could recover their losses because they've been treated unfairly are not based in fact and make it seem like you are of good intentions but other than that do not appear to have much knowledge of how these things work. So a word to the wise: you have but one reputation, you build it up slowly over the years and you can lose and/or damage that reputation quickly.
Please don't let your sense of indignation get the better of you and hurt your interests in the longer term.
The amount of media VW gets over this issue is irrelevant to any damages you may try to conjure up.
People may say whatever they like.
0: https://news.ycombinator.com/item?id=10580490 1: https://news.ycombinator.com/item?id=10718312
What do you think they would have used if VW had not conveniently committed fraud?
I think "Americans" can be replaced with "people in general" (including Europeans and Asians as well)
Simple searching on google showed me on the first page (third result).
The amount of truth we see is relative to the intension we're having. The rest just seems invisible to us.
Few more thoughts from Chomsky related to the theme of our discussion regarding truth:
“Either you repeat the same conventional doctrines everybody is saying, or else you say something true, and it will sound like it's from Neptune.” (Exactly fit for responses I got re my geo-political remark)
“Everyone’s worried about stopping terrorism. Well, there’s really an easy way: Stop participating in it.” (Yay, so true. But we're more concerned about how perfect and moral our regulation structure is, that it punishes the right people with right evidence... but evidence can be shown when it's the most convenient time to show them)
“It is the responsibility of intellectuals to speak the truth and expose lies.” (Who likes truth anyway?)
“For the powerful, crimes are those that others commit.”
("Hey, Germany ministers are towing the line and aren't repeating our propaganda, how can we show them their place?" "Well, let's call our regulatory depts., we must be having some violation reports waiting to be show light of the day at this opportune moment. Find the one with biggest potential impact, and, and we'll have the compliance of Germany without shotting a single bullet." "Yeah, this will also set example for other European vassals, who lately tries to have independent voice. They must be shown their right place before it's too late.")
For two entities to be independent, there needs to be little control in both directions.
With certainty? No.
US Government is a collection of individuals theoretically bound by a (very-large) shared text, or program, if you will. Do media corporations have some measure of influence on some of those individuals? Undoubtedly.
I am fairly certain that the individuals who make up the US Government are not all on media corporation payrolls.
>Judging by the political "activism" regularly displayed by Fox and CNN, I think it's fair to say that the media exerts a lot of control over the executive and legislative branches.
This makes sense. US Government is structured such that it arises from the people it is governing. If that structure is to be used, it requires public communication (ie. media).
If a US company does the same, but does not get the same media exposure, reputation loss, and fees, then it is unfair targeting.
VW can then directly sue, because they, as foreign company, were targeted, but another US manufacturer was not.
There's an actual evidence they that VW was cheating so they deserved it. What would be great is that if they could spill the beans on other manufacturers so others would be punished as well.
One of the big concerns with TTP/TTIP is that they will expand the use and applicability of ISDS processes and this could impact things like environmental legislation.
Part of the concern about the use of ISDS is that the hearings are generally held in secret.
In this case I guess if it could be proven that the US government disadvantaged VW by applying fines to them whilst not prosecuting other companies who have done similar things, then if ISDS applies to this trade, it may be possible for VW to sue...
Anybody except for VW would be in a position to make a move regarding other manufacturers, according to a document linked elsewhere from a German auto magazine there is plenty of reason to suspect that other manufacturers are engaging in similar practices but nobody to date has proof.
So, yes, it’s trivial to show that the EPA had the same amount of knowledge against others as they had against VW, because the original document already had that.
If you want an easy to digest article on the subject please read:
http://www.autoblog.com/2015/09/23/researcher-how-vw-got-cau...
And if you want less easy to digest material go read the actual study pdfs (they're linked in the wikipedia article on 'dieselgate' and are very interesting reading but it will take some time there are 100+ pages there).
So you are way off base with the claims in this comment.
Note that the WVU report does not state that evidence of a cheating device has been found. It was merely the catalyst (pun intended) in the whole affair causing the EPA to put a much bigger effort into the VW engine than they had up to that point and this is where the cheating device was uncovered.
Let me make one thing clear: I've not defended VW for the cheating they've done, not even once. I've just drawn attention toward the bigger picture within these events have unfolded and because commenters have raised questions as to why VW has been targeted so swiftly despite it's apparent that other manufacturers are having similar issues (more or less).
These are common ways of how back-door negotiations and arm-twistings occur. Neither Obama nore Merkle would publically admit to you in your face of these things. But we the public remain foolish to dismiss such an evident corelation as conspiracy. Or do you think we live in a utopian world where every official action is guided by altruistic motive? Well if yes, you may very well see what's happening in Syria, the whole of world's major power are flighting their airforces, just to defeat bunch of terrorist? who are anyway financed by oil smuggling to countries part of the coalition .... give me a break.
You should read my earlier comment on US policy of wars in Middle East https://news.ycombinator.com/item?id=10580490
Well if you doubt that politics cannot plan and execute such policies for decades then you're fooling yourself. Evidence are right there just need to open our eyes.
But that isn't the case. There is 0 evidence that other manufacturers also included a defeat-the-test device, there is evidence that other manufacturers diesels exceed their permitted level of NOx in various circumstances but they do not employ a device that detects the tests and then re-programs the engine to comply with the test. It just so happens that under test conditions those engines more or less perform as advertised, there is no 'mode switch' based on the detection of a test in progress to reprogram the engine parameters. That's a totally different kettle of fish, the one is a narrow set of parameters where the engine will pass the test, the other means the engine will never perform as advertised except when under test.
HSBC was participating kneck to kneck with drug smugglers and making billions a week from that illegal and immoral trade. eventually they were fined only a few billion which they make from that same business within 2/3 weeks. Noone got jailed.
But what happened to the individuals who happened to run digital currency based platform for the same?
My point is that both were involved in similar illegal practices, but justice delivered to each was not equal. Surely justice was decided based on several interests, of which the law was mere one of the parameters (often an insignificant one when the convict is a powerful entity.)
actions of this magnitude are generally guided by multiple and often hidden interests/agenda. Only if we able to perceive the bigger picture by analyzing from different angles.
Yes, VW got hit hard, but there is only one party that could have taken action to avoid this: VW itself. If they cheated that's entirely their choice. If other manufacturers have in fact cheated (and the evidence seems to be mounting that they did but maybe not quite as blatantly) then their turn will surely come.
The EPA ignored the results for a full year.
The VW CEO already resigned in April, several months before the EPA went crazy, due to it.
"Would you believe it if you received a letter from
Mercedes Benz informing you that you had won a lucky draw
and your gift was a “FREE INSPECTION!!” but in actual fact
they intended to replace your turbocharger without
informing you? These and many more shocking practices were
carried out in absolute arrogance and with a view to keep
the third rate quality of Mercedes Benz Cars a secret."[0]
>My personal suspicion goes way beyond VW in this case.You're right. Automotive companies are pretty notorious for these kinds of things.
Edit: Formatting, typo
I also wonder why you post this anonymously, it's just another link.
SO, you need to see the bigger picture here. There's a geo-political angle to it. On sept12 [0] reported: >>> Germany is surprisingly quitting the anti-Putin Alliance created by the United States: Germany now officially welcomes Moscow’s readiness to engage with Syria and launches an initiative to end the war with the Russians and the French. Thus, the stream of refugees is to be stopped. Germany put thousands of soldiers on standby.
Defence Minister Ursula von der Leyen told der Spiegel, they Welcome Russia’s President Vladimir Putin’s involvement in the fight against the extremist Islamic State. It is in the common interest, to combat the IS, she said. A spokesman of the Foreign Ministry also said Germany would welcome a greater engagement of Russia in the fight against the IS. German Foreign Minister Frank-Walter Steinmeier even announced, with Russian Foreign Minister Lavrov and the French colleague Laurent Fabius, a push to start to end the civil war in Syria. Lavrov and Fabius are expected in Berlin on Saturday. <<<
Then within a week, this VW scandal suddenly comes into public thrashing Germany major auto industry. On 22Sept [1] reported: >>> What you need to know about the Volkswagen scandal
Now you see the results: Germany France etc have now joined US coalition in the name of fighting ISIS. but there's more to it, which you can read in my comment [2].
0: http://www.veteranstoday.com/2015/09/12/syria-germany-breaks... 1L http://www.cnbc.com/2015/09/22/what-you-need-to-know-about-t... 2: https://news.ycombinator.com/item?id=10580490
You can join the dots now. These are back-door negotiations and arms-twistings, Neither Obama nore Merkle would publically admit to you in your face of these things. But we the public remain foolish to dismiss such an evident corelation as conspiracy. Or do you think we live in a utopian world where every official action is guided by altruistic motive? Well if yes, you may ver well see what's happening in Syria, the whole of world's major power are flighting their airforces, just to defeat bunch of terrorist? who are anyway financed by oil smuggling to countries part of the coalition .... give me a break.
The reason is that other manufacturers rely on injecting a pollution-neutralizing compound at exhaust time (there is a separate tank for that stuff), whereas VW claimed that they have been able to design engines that do not require this (obviously costly and undesirable) step, and are clean all by themselves.
You get into the gang by sharing an existential threat to the group. Be it killing someone to get into a gang, be it telling your life's secrets while lying naked in a coffin ( http://www.bibliotecapleyades.net/sociopolitica/esp_sociopol... ), attaining seat at the MAD ( https://en.wikipedia.org/wiki/Mutual_assured_destruction ) table by stocking nuclear weapons, or signing on to a hot new scrappy startup for just enough to live paycheck to paycheck and keep frozen burritos on the breakfast table.
When the sharks circle, they tend to go after the weaker pray spices rather than those able to draw serious repercussions. The consumer as chum. Line employees are next. Then maybe a scape goat or two.
Lots of managers use the phrases 'by whatever means necessary', 'it must be done', 'just ship it', "we'll fix it later", and M.V.P. . The naive will say that "management just doesn't understand!". To someone who is paying attention this is building a cut out of responsibility.
In the Kabuki theater of corporate politics this often suffices for blame shedding. Remember the goal is to accept garner credit for good things and blame shed the bad things, helping things get done a product to be made or whatever is ancillary to the individuals goals in the modern company due to the average length of employment being so very low.
"All this has happened before, and will happen again." -cylon
His agency is selling that report for $500,000. I found the whole thing quite fascinating.
Maybe we get lucky and they decide to release it some time when it's not marketable anymore…
The ECJ (European Court of Justice) even referred to the "Standard practice of disassembling competitors cars and using the gained knowledge in your own cars" while making a landmark decision that declared the right for decompiling non-negotiable.