[HN Gopher] 'Dieselgate' trial opens in Germany without ex-VW boss
       ___________________________________________________________________
        
       'Dieselgate' trial opens in Germany without ex-VW boss
        
       Author : belter
       Score  : 147 points
       Date   : 2021-09-16 09:45 UTC (13 hours ago)
        
 (HTM) web link (www.rfi.fr)
 (TXT) w3m dump (www.rfi.fr)
        
       | rubyist5eva wrote:
       | For the love of God can we pleaaase stop referring to scandals as
       | "something-gate".
        
         | lordnacho wrote:
         | Why? It's not a bad idea, a certain suffix that means "scandal"
         | is useful, no?
        
           | pessimizer wrote:
           | Spanish has a million good suffixes, but my favorite is
           | "-azo", which means _hitting somebody with something._
           | Puppyazo would be a reference to when somebody was hit with a
           | puppy (or when a puppy was hit, or a when a shockingly big
           | puppy was revealed.)
        
             | selimthegrim wrote:
             | So Caracazo means Caracas hit...itself?
        
           | valenterry wrote:
           | How about using just -scandal?
        
         | kjaftaedi wrote:
         | I think you missed the chance to voice this opinion 50 years
         | ago.
        
           | rubyist5eva wrote:
           | The Watergate scandal had nothing to do with "water". It was
           | the actual name of the hotel where the crime took place.
           | "Dieselgate" is a meaningless word.
        
       | olivermarks wrote:
       | My experiences with Germans in business is a very polished
       | ethical public face, whether small or large businesses, and
       | absolute chaos and gerry rigging (sic) behind the scenes.
       | 
       | I normally avoid national stereotypes but these have been my
       | experiences. Wirecard makes the EU diesel regulatory whipsawing
       | of VW and other european firms such as Jaguar small beer though-
       | fraud on a huge scale arguably largely enabled by EY...
        
       | themdonuts wrote:
       | It's funny how the dieselgate scandal was just a few years ago
       | (and still ongoing) and now that same company's big and bold
       | slogan is "VW way to zero - roadmap for climate neutral
       | mobility". We live at a time that a bit of shame is easily
       | forgotten.
        
         | lbriner wrote:
         | That is true but also, if the previous management have gone and
         | a new management really care, how long should they be judged by
         | their predecessors.
         | 
         | I think this issue comes up all the time with individuals
         | either being negligent or just plain incompetent and then when
         | it all screws up, they just blame the previous management and
         | move onto another similar job in another company. At what point
         | is the individual liable and what point is it "tough luck VW,
         | you have to pay for that crook of a CEO you employed"
        
         | fulafel wrote:
         | DG didn't increase co2 emissions. NOx seems to be a wash wrt
         | anthropogenic climate change given opposing effects of methane
         | neutralization and O3.
        
         | mikestew wrote:
         | What would VW have to do for you to quit holding a grudge? Are
         | there hoops to jump through, or is a temporal thing? If the
         | latter, how long? If the former, then what, will public
         | floggings satisfy you?
         | 
         | It wasn't that long ago that I charged my Nissan Leaf at an
         | Electrify America charger, paid for by VW, and VW seems to be
         | moving forward with their electrification efforts. I'm not
         | saying all is forgiven, but I'm ready to move on. If they
         | actually release that Buzz electric van, we'll likely stand in
         | line to buy one.
        
       | anticensor wrote:
       | Why not try him in his absence, and assume he is fully sane?
        
         | okl wrote:
         | He's not insane, he had an urgent hip operation.
         | 
         | Edit: Actually, I can't say for sure whether he is insane or
         | not.
        
         | [deleted]
        
         | Tomte wrote:
         | Because criminal procedure does not allow either.
        
           | retSava wrote:
           | It doesn't, in Germany?
           | 
           | Criminal law in Sweden allows both - if no specific reason
           | exist for a psych evaluation of the accused, the person is
           | assumed sane. That's the basic assumption.
           | 
           | If the person doesn't show up, a trial is often postponed
           | once or so, but ultimately, if the accused doesn't show up,
           | the trial can be held anyway if it is considered to be
           | performed satisfactorily despite the absence.
           | 
           | That to me sounds like a good default.
        
             | Tomte wrote:
             | I'm certain regarding in absentia, and doubt the "assume
             | sane, then modify the sentence afterwards if assumption
             | turns out to be wrong" very very much.
             | 
             | To be more precise: it's possible to do a trial in
             | absentia, but only if the maximum sentence is a financial
             | penalty, reprimand, loss of driver's license and so on.
             | Paragraph 232 Criminal Procedure Code (StPO).
        
         | nehalem wrote:
         | Because trying plaintiffs in their absence is difficult under
         | German rules of criminal procedure (Sec. 230 Para. 1 StPO[1]).
         | Exception exists only if the plaintiff leaves a trial after
         | their initial statement, does not appear for an adjourned
         | date(Sec. 231 StPO[2]) or if the plaintiff intentionally caused
         | their absence by rendering themself unfit for trial (Sec. 231a
         | StPO[3]).
         | 
         | According to the court's press statement[4] (in German) they
         | decided that the plaintiff is not fit for trial but did not
         | culpably cause this unfitness. The court decided to separate
         | the trial and postponing it until the the plaintiff recovers.
         | They explicitly did so to no longer postpone the trial against
         | the other plaintiffs indefinitely.
         | 
         | [1]: https://www.gesetze-im-
         | internet.de/englisch_stpo/englisch_st... [2]:
         | https://www.gesetze-im-internet.de/englisch_stpo/englisch_st...
         | [3]: https://www.gesetze-im-
         | internet.de/englisch_stpo/englisch_st... [4]:
         | https://www.gesetze-im-internet.de/englisch_stpo/englisch_st...
        
         | [deleted]
        
       | belter wrote:
       | The technical details:
       | 
       | "The exhaust emissions scandal (,,Dieselgate")"
       | 
       | https://media.ccc.de/v/32c3-7331-the_exhaust_emissions_scand...
        
         | gspr wrote:
         | This is hands down the best exhibition of the topic that I've
         | ever seen, and perhaps one of the better CCC talks too! It's
         | for a long time been my go-to reference whenever I encounter
         | someone frustrated about the opaque version of the story retold
         | in newspapers.
        
           | saberdancer wrote:
           | I watched the video and I did not understand why would they
           | go to such lengths to use "alternative" mode most of the
           | time, only using the proper one when in the NEDC cycle. Only
           | downside I could understand from the talk is that it would
           | use more AdBlue which seems such an unimportant thing.
           | 
           | Is there something I am missing?
        
             | hef19898 wrote:
             | They limited Adblue tank capacity, together with other
             | German OEMs in a cartel. Also it seems the affected VW
             | engines indeed are not able to meet emission
             | standardstandards without serious changes.
        
         | bri3d wrote:
         | https://cseweb.ucsd.edu/~klevchen/diesel-sp17.pdf for those who
         | don't love videos/talks, although this one is great.
        
           | belter wrote:
           | Not only Volkswagen....
           | 
           | "In this paper, we described two families of defeat devices
           | used in the Bosch EDC17 ECU to circumvent US emission tests.
           | The first family of defeat devices was used by Volkswagen and
           | lies at the heart of the Volkswagen diesel emissions scandal.
           | The second device appears in the diesel Fiat 500X automobile
           | sold in Europe, and has not beed documented previously."
        
       | lordnacho wrote:
       | I don't understand why the emissions procedure was so easy to
       | trick in the first place. Obviously we want to know how much the
       | emissions are in real life driving, so why isn't the test simply
       | that we find a representative sample of 100 or so people who have
       | the cars and are using them? Just shove the measuring kit on the
       | cars, maybe pay people for the inconvenience, and see what the
       | numbers come out as?
       | 
       | We're not talking about figures that were almost legal here,
       | which maybe could justify a lab test, they were pumping out many
       | times the amount that was allowed.
        
         | bagacrap wrote:
         | I'd assume the VW engineers could still create a defeat device
         | (ie detect the test equipment and alter performance) for that
         | situation
        
         | Oddskar wrote:
         | Because you need to have this measured out by the time the car
         | is available for purchase (maybe even way in advance?), not
         | after.
        
           | hef19898 wrote:
           | Also comparable standardized test procedures. Those are
           | needed for certification proposes.
        
           | SilasX wrote:
           | Not really, you could just do it as tax proportional to how
           | much in-practice the company's cars pollute. Though that
           | would introduce a greater difficulty in risk and cost
           | management since it's harder to predict and control in
           | advance.
        
         | r00fus wrote:
         | Likely the emissions procedures were developed with the "help"
         | of industry (VW included) lobbyists as well.
         | 
         | Any remediation from Dieselgate that doesn't include structural
         | changes like improved testing means the auto industry has won.
        
         | maeln wrote:
         | Tests needs to be standardized to ensure that they are
         | replicable. If running the test several time wouldn't give the
         | same result (within a small tolerance margin) manufacturer
         | would cry unfairness and they would be right. What if in one
         | run more driver use the freeway and in another where stuck in
         | cities traffic ?
        
           | lordnacho wrote:
           | I tried to address this in my comment. If if was some
           | marginal thing where there was a chance they were close, then
           | maybe it would make sense to have a standardized lab test.
           | 
           | If someone is 50kg overweight we don't need a special
           | procedure with a sensitive scale to decide that.
        
         | bri3d wrote:
         | This is pretty much how the defeat was discovered - by a group
         | who were curious about how US diesels could be so great
         | compared to their European counterparts, using sniffers
         | attached to vehicles performing normal road driving.
         | 
         | Unfortunately, this wouldn't work very well as a certification
         | test, as it would require standardization. But, as a failsafe
         | in addition to a standardized test plan, I think this would be
         | great - basically "we'll give you the procedural test you know
         | and love, and we'll drive 100 normal road miles with more
         | lenient thresholds in place. Fail either and you don't get a
         | certification."
        
       | jonplackett wrote:
       | I wonder if there's a way to put a figure on the damage those 9
       | million vehicles have done. For example, we know that diesel
       | cause cancer [1] and these cars were emitting more than they
       | should have been. How many extra deaths did they cause?
       | 
       | [1] https://www.hazards.org/chemicals/fuming.htm
        
         | i_am_proteus wrote:
         | The analysis I saw back then limited itself to vilifying VW,
         | looking at excess deaths from PM2.5 etc., not taking into
         | account any reductions in other emissions caused by the
         | vehicles getting better mileage.
        
         | tobias3 wrote:
         | There is e.g. [1] which doesn't paint a pretty picture.
         | 
         | I'd btw. put blame also on introducing tax incentives for
         | diesel cars in the first place. Without those this wouldn't
         | have happened. And those were to prevent tax arbitrage between
         | European countries :/.
         | 
         | [1]
         | https://www.econstor.eu/bitstream/10419/200596/1/1668020459....
        
         | ketzu wrote:
         | I remember this being a very popular take on reddit back when
         | the story broke out (and calls to try VW execs for murder). I
         | remember the number 120 (but seems they or my memory is not
         | that correct [1]) edit: Another find was 5k/year in europe [2]
         | 
         | What I found fairly frustrating was seeing this angle only
         | limited to VW (even when it became clear that many makers acted
         | similarly) - but it also felt like a weird angle in general.
         | Should we calculate deaths by pollution in general and treat
         | them as murder? It would be an interesting reminder on what our
         | technological society is built.
         | 
         | [1]
         | https://en.wikipedia.org/wiki/Volkswagen_emissions_scandal#D...
         | 
         | [2] https://phys.org/news/2017-09-dieselgate-deaths-europe-
         | year....
        
           | TeMPOraL wrote:
           | > _Should we calculate deaths by pollution in general and
           | treat them as murder? It would be an interesting reminder on
           | what our technological society is built._
           | 
           | It sounds like a can of worms you definitely do not want to
           | open. It's probably uncomputable. Sure, pollution may
           | directly decrease people's life span. But having private
           | cars, ambulances and helicopters being able to transfer
           | people to specialized hospitals in emergencies directly saves
           | lives. So does a generator providing emergency power for said
           | hospital. Then there are n-th order effects of how our
           | fossil-fuel-based civilization impact peoples' health and
           | lifespans. It's likely impossible in practice to meaningfully
           | untie all those interdependencies in order to put a
           | meaningful body count on diesel engines. It's prohibitive to
           | even do this on the margin.
           | 
           | On the other hand, a clear fact remains: diesel emissions are
           | bad for peoples' health, and an engine that pollutes more is
           | worse than one that pollutes less. It's an externality, just
           | one that's hard to price on the margin.
           | 
           | So perhaps we should sidestep the problem and price in the
           | externality in bulk. To the extent that a given type of
           | pollution, in aggregate, causes health problems, we should
           | tax it in proportion and funnel the funds into public
           | healthcare.
        
           | pasabagi wrote:
           | I would actually really like it if a public-health approach
           | was taken to household choices. Driving a car is simply
           | _expensive_ for society at large, because it has all sorts of
           | negative effects on air quality, pedestrian safety, even
           | stuff like municipal service provision (less density = higher
           | costs). This isn 't priced in, either in terms of taxation
           | (normally you tax goods that cause social ills heavily, like
           | cigarettes). In fact, the reverse happens. This is stupid,
           | and bad for everyone, even car drivers.
        
             | bserge wrote:
             | And as always, the poor pay more. Your plumber, landscaper,
             | construction crew _need_ a car, but you 're not gonna pay
             | them more, are you.
             | 
             | Always some out of touch chodes getting paid six figures to
             | work from home telling the rest they should be taxed more
             | for using a car or something stupid.
        
               | pasabagi wrote:
               | It would be pretty easy to offer a tax rebate for people
               | who use a van for work.
        
               | triceratops wrote:
               | Nah. Too easy to game. Let them pass on the costs to
               | their customers.
        
               | jonplackett wrote:
               | Unfortunately the poor will also pay more for the climate
               | change the diesel causes, and are more likely to be
               | affected by the crap air.
               | 
               | The rich always make sure they never pay for anything.
               | That's why they're rich.
        
               | scrose wrote:
               | How do plumbers, landscapers and construction crews
               | survive in countries where car ownership and gas is taxed
               | heavily?
        
               | usr1106 wrote:
               | They have higher rates and their are fewer of them . And
               | as a consequence 99.9% people mow their lawn themselves.
               | Even many software engineers here do significant own work
               | when the family builds a house. At least in bigger
               | companies it is fully socially accepted that a software
               | engineer is less productive at work during the year they
               | are building a house.
               | 
               | - Living in a high tax country
        
               | triceratops wrote:
               | > Your plumber, landscaper, construction crew need a car,
               | but you're not gonna pay them more, are you.
               | 
               | Why not? If they all have to pay the same tax, they'll
               | all start charging more. Same way they do if the price of
               | pipe or lumber or gas goes up.
        
               | SilasX wrote:
               | Exactly. We're paying for it somehow, the only question
               | is whether the costs should be borne proportionately by
               | the people that impose those costs. And the reasonable
               | answer is: "Of course!"
        
               | SilasX wrote:
               | Actually, I like when goods reflect their cost of
               | production, the economy works better that way.
        
               | mavhc wrote:
               | Exactly, just add the cost of cleaning up pollution to
               | everything, then use the money to clean up the pollution.
               | 
               | Side effects: cheaper ways of cleaning up pollution, and
               | people making less pollution so their stuff is cheaper
               | 
               | Anything else is just cheating
        
           | bagacrap wrote:
           | should we calculate deaths by pollution --- yes.
           | 
           | Should we treat them all as murder --- no. For the time being
           | this would classify everyone as a murderer, so it's
           | impractical.
           | 
           | Should we treat intentionally illegal pollution as murder ---
           | yes.
        
           | hef19898 wrote:
           | Legally there is a difference between exploiting loop holes,
           | e.g. temperature windows, and putting these loop holes in to
           | an extent through lobbying and actively ignoring even these
           | loop holed regulations. Everybody did the former, with some
           | over stepping. VW did the latter. and that is the reason only
           | VW managers are on trial at the moment.
           | 
           | Personally, both approaches suck, but only is most likely
           | illegal. What pisses me of even more is the fact that VW
           | waited, and German authorities with them, until VWs gray
           | eminence Ferdinand Piech died. only to avoid asking how much
           | _he_ knew...
        
             | [deleted]
        
           | BBC-vs-neolibs wrote:
           | I think it is some kind of manslaughter or willful
           | negligence.
           | 
           | If a local government enacted a law for factories that they
           | should all have fire sprinklers installed, to save x number
           | of lives per year.
           | 
           | Then the a factory operator decides to pretend they installed
           | sprinklers, but did not.
           | 
           | Shouldn't they be culpable for excess death?
           | 
           | I think it's similar here - the EU mandated a safety measure
           | (a certain limit on NOx and particles), the car companies
           | merely pretended to comply.
        
           | bserge wrote:
           | Calculate deaths by ignorance and treat them as murder, too.
           | Why not.
        
         | rcMgD2BwE72F wrote:
         | I find infuriating that, globally, most of the fines will be
         | paid to customers (who were misled in their purchase) instead
         | of the actual victims (the public and, a fortiori, the people
         | who got and will get sick).
         | 
         | How did we turn this health issue into a business one?
        
           | lbriner wrote:
           | I wondered the same thing. How many customers can honestly
           | say that the emmission levels had anything to do with their
           | purchase? It is the governments/health services that have to
           | pick up the pieces if the emmissions were really that bad.
           | 
           | It also staggers me that a company can afford to pay $30B in
           | fines and costs. Do you think the ATM can fit their bank
           | balance on the screen (perhaps it can now!)
        
       | Transrapid wrote:
       | Every car manufacturer, even in the USA, harms people with their
       | cars. Even a battery car emits particulate matter. If you really
       | want to put something sensible on the road, it's the FCEV. That
       | frees the air from particulate matter.
        
         | TeMPOraL wrote:
         | > _That frees the air from particulate matter._
         | 
         | It doesn't, as long as the car still has tires and brakes.
        
         | Lutger wrote:
         | Yes. But not every manufacturer has committed this level of
         | fraud in an attempt to illegally circumvent regulation.
        
         | [deleted]
        
         | rcMgD2BwE72F wrote:
         | FCEV needs 2 to 3 times more energy than an EV for the same
         | range.
         | 
         | >hydrogen cars are only half as efficient. If an electric car
         | converts 86% of the energy originally harnessed by a wind
         | turbine into moving the vehicle forward, the hydrogen car has
         | access to only about 45%.
         | 
         | Source:
         | https://www.bloomberg.com/opinion/articles/2020-11-09/how-hy...
         | 
         | Energy generation is the main source of pollution for an EV
         | over its whole lifetime. So, an FCEV is far worse than EV
         | (however you produce your hydrogen).
        
         | Transrapid wrote:
         | I read so much wrong information about FCEVs here. Or are there
         | also bots from Elon on the road here?
        
         | yitchelle wrote:
         | VW is behaving fraudulently in the matter.
        
       | randomNumber7 wrote:
       | Just in case you don't know it...
       | 
       | In germany it's not possible to have a criminal prosecution
       | against a company. It's only possible to do it against the
       | individual persons in that company who acted criminally.
       | 
       | Pretty stupid imho and one of the few things I'm jealous about
       | the US.
       | 
       | It's also the reason why VW had to pay a huge fine in the US but
       | not in Germany.
       | 
       | Actually germany can't do shit about it. They can only try to
       | punish some employees IF they can prove they are guilty....
        
         | ketzu wrote:
         | > It's also the reason why VW had to pay a huge fine in the US
         | but not in Germany.
         | 
         | VW had to pay 1 billion euro in germany.
         | 
         | Maybe that's not enough, but it definately is not the case that
         | companies are not persecuted in any way at all in Germany.
        
         | gwbas1c wrote:
         | This basically leads to people getting away with lots of
         | sketchy behavior, (in the US) because the corporate veil
         | absolves the decision makers of any personal responsibility.
         | 
         | A stark difference between the EU and the US is that European
         | companies have a harder time claiming their product is safe
         | when it really isn't. For example, lead paint was banned in
         | European countries long before the US.
        
           | lotsofpulp wrote:
           | This thread is about how Volkswagen claimed their cars were
           | safer than they were.
        
             | barbazoo wrote:
             | Not safer, cleaner.
        
               | lotsofpulp wrote:
               | I guess it depends on timeframe. The reason we care about
               | the cars being "cleaner" is because it is safer. But not
               | in a someone is going to be maimed way.
        
         | bagacrap wrote:
         | which is the stronger deterrent, a (large but recoverable)
         | corporate fine or prison time for the decision makers? I'd
         | wager the latter --- the former mainly punishes shareholders.
        
           | Sindisil wrote:
           | The proper response would be to prosecute both the
           | corporation _and_ specific individuals who acted illegally.
           | 
           | The former as a corrective action to help unwind any
           | advantage gained in the market due to the illegal activity.
           | This means, though, that fines need to actually claw back the
           | ill gotten gains, not the small fraction they represent
           | today. Right now, the fines are just another expense,
           | assuming the company even gets caught.
           | 
           | Prosecuting the company properly might also ensure some
           | measure of justice in cases where specific individuals' guilt
           | is obscured by corporate structure and systems (intentionally
           | or otherwise).
           | 
           | Prosecuting individuals who break the law in service of their
           | employer (executive or not) isn't much different than
           | prosecuting soldiers who commit war crimes -- obviously
           | different in degree, but not in kind.
           | 
           | "I was just following orders" shouldn't be an acceptable
           | defense in either case, though coercion and fear of reprisal
           | should certainly be taken into account.
        
           | [deleted]
        
           | voxic11 wrote:
           | Having a criminal record has other consequences for companies
           | in the US, like being ineligible for most government
           | contracts.
        
             | watwut wrote:
             | But the managers who caused it are long time gone, they got
             | their pay raises and new jobs. The stocks went up too in
             | the meantime, rewarding those who enabled in the process.
        
         | antnisp wrote:
         | OTOH executives can't hide behind the company as an entity.
        
           | voxic11 wrote:
           | They seem to be doing it just fine anyways based on this
           | article.
        
             | adamors wrote:
             | > Winterkorn, 74, was initially meant to stand trial
             | alongside the other four executives but recently underwent
             | an operation, leaving him unable to appear.
        
       | ulnarkressty wrote:
       | If anyone has any doubts about the morality of automotive OEMs,
       | the EU fined the German ones some months for agreeing to limit
       | the development of more efficient / clean technologies --
       | https://www.politico.eu/article/eu-fines-german-car-cartel-e...
       | 
       | I'm wondering why their engineers still agree to work for a
       | company that actively conspires towards poisoning their children.
        
       | andrew_eit wrote:
       | How is it that, in a country which values precision and 'doing
       | things right' to the extent that you will be told off by
       | bystanders for crossing an empty road at night on a red light,
       | there could be such brazen, unethical and scaled corruption at a
       | corporate level.
       | 
       | Like, at a community level, the average German citizen takes it
       | upon themselves to speak out when they feel anyone is acting
       | anti-socially. Which I admire!
       | 
       | But then Dieselgate, the Wirecard scandal, and a bunch of other
       | non-nonsensical activities (immense coal energy industry, buying
       | gas from Russia and general lack of large scale green policy)
       | just seem so far removed from the Germany I know.
       | 
       | I really don't understand how something like Dieselgate can
       | happen at the scale that it did. And Wirecard too - with BaFin
       | even stepping in to harass the investigative journalists from the
       | FT.
       | 
       | Is there something I am missing here?
        
         | axiosgunnar wrote:
         | It's all fake, "doing things right" etc are rules for the
         | plebs.
         | 
         | It's like in Saudi Arabia, where of course nobody drinks
         | alcohol, it's haram! But then the sheikhs have the craziest
         | parties with hookers and 10k usd champagne etc.
        
         | paule89 wrote:
         | Easy answer. Three things: * Money * Lobbyism * Job security
         | 
         | We party of Merkel is great for "stability". But this stability
         | also means everything bad will stay bad and stuff like policing
         | lobbyism is not a priority for those politicians, because they
         | are good enough to hide it and profit from it so much, that
         | they don't want it to change at all. Worse, we even have one
         | party FDP which is really small, but openly pushes against
         | policing lobbyism and they are the second or third largest
         | benefactor of huge lobby donations.
         | 
         | The powerful want to stay powerful. If you ask the normal
         | citizen they would want things to change at least to make
         | everything more right.
         | 
         | The third point is also quite critical. The biggest industry in
         | Germany is car manufacturing. And because of this every change
         | here might disrupt millions of people, potential voters, and
         | harm the industry. The reason germany did not come up with a
         | great Tesla competitor or even Tesla itself is because of that.
         | Everything moves so slow in these companies, they depend on so
         | many other companies to get you some part of your car and then
         | in the end assemble it all, that any change will disrupt too
         | much and gets killed before it can bud.
        
           | 3pt14159 wrote:
           | What makes Germany so different than Canada? Sheer
           | population?
           | 
           | In both countries there is a marked willingness to do the
           | right thing, but I'm struggling to remember corruption
           | anywhere close to the size of what goes on there.
        
             | willcipriano wrote:
             | Greater ability to detect corruption? I always presume that
             | for every case that makes headlines there are dozens that
             | don't get reported, that ratio may be higher in Canada.
        
             | redis_mlc wrote:
             | Canada is heavily influenced by the CCP to the point of
             | systemic corruption.
             | 
             | Note that Bo Xilai's (former CCP big shot) son lives in
             | Canada and works for Power Corp. (Power is one of the most
             | influential companies in the country.)
             | 
             | Xi's family also lives in Canada and Australia, since it's
             | unsafe for them to live with him in China (!).
        
         | dundarious wrote:
         | Deutsche Bank have repeatedly been caught doing highly
         | questionable things. I don't think German capital considers
         | itself subject to those same cultural constraints -- quite the
         | opposite in fact.
        
         | watwut wrote:
         | Cause telling someone off when "crossing an empty road at night
         | on a red light" does not imply no corruption. It is just
         | someone petty feeling good about little power or irritated over
         | minor rule breaking.
         | 
         | That being said, in fact in Germany, pedestrians cross an empty
         | road at night on a red light fairly regularly. Or they just
         | cross at random place, not through the pedestrian crossing
         | despite that one being fairly close and being red. I have seen
         | that both. And I have done both, no one told me anything.
        
         | goodpoint wrote:
         | Because German society, like most others, is divided between
         | those to follow the rules and those above the rules.
        
         | poulsbohemian wrote:
         | Observation: If you are a multinational company that has the
         | resources to buy entire countries, your cultural origination
         | becomes secondary. Another commenter made a comparison to
         | Canada, but they recently had the snc-lavalin affair that
         | shuffled the cabinet and is still vaguely a topic in their
         | upcoming election.
         | 
         | I'd make the argument that in these countries there are _fewer_
         | of these incidents and that they _become public_ at a higher
         | rate, and that the _public shame_ is greater than in countries
         | like the US where we know it happens but there will never be
         | any actual public dialog, let alone recourse. Mental exercise:
         | If either of those scandals had happened in the US, what would
         | have been the outcome? For comparison, notice the way that
         | Monsanto managed to export their  "trouble" over glyphosate to
         | Bayer, where it escalated into a scandal.
        
         | bserge wrote:
         | Lol, don't buy into the stereotypes. Germany is like USA with
         | better social policies.
         | 
         | As long as you pay your taxes you're free to do whatever you
         | want.
         | 
         | No one will help you, no one will get in your way.
         | 
         | The occasional cranky old guy calling the cops on a party is
         | not representative of the whole society.
        
         | Glawen wrote:
         | Well it is quite easy actually. Your biggest customer request a
         | bunch of features, some for test purposes. You find something
         | fishy, you ask your boss and he tells you orally to just do it
         | because this customer is the most important, or he takes the
         | matter seriously and gives the feature directly to your
         | colleague in India who doesn't raise an eyebrow.
         | 
         | The SW is done and millions of vehicles have the feature. Don't
         | count on other engineer to spot the cheat because everyone has
         | a specific area of expertise, and the software is closely
         | related to the engine hardware. It is very difficult to
         | understand the purpose of each piece of code.
         | 
         | Remember that at that time, noone was ever tried for cheating
         | the exhaust norms and the compliance team only cared about
         | financial fraud.
        
         | koshnaranek wrote:
         | You have a caricature of Germany in your head if you believe
         | people yell at you for crossing at red on an empty road.
        
           | dkdk8283 wrote:
           | DE has strong vigilante culture
        
             | watwut wrote:
             | Yeah and pedestrians still cross red light I the night
             | fairly regularly.
        
             | bserge wrote:
             | FFS, do you even understand that word? DE has the opposite
             | of vigilante culture.
             | 
             | People always rely on some governmental authority. When it
             | affects them, that is. Otherwise, no one gives a shit about
             | anything.
        
           | nautilius wrote:
           | No, it's pretty accurate in my experience.
        
         | mpweiher wrote:
         | > Is there something I am missing here?
         | 
         | Yes: the fact that many other automakers all over the world
         | were caught as well, but you only remember VW. And my guess is
         | that for the ones that weren't caught it was just that: they
         | weren't caught.
         | 
         | Basically, European politicians had created every tighter fuel
         | and emissions standards that really couldn't be met (the leaner
         | you burn the more NOx and other nasties, if you want to burn
         | cleaner, you need a richer mixture). So enforcement of those
         | standards was "wink wink, nudge, nudge", and everyone was in on
         | it.
         | 
         | Except the pesky Americans.
         | 
         | Buying gas from Russia is sensible, see "Ostpolitik".
         | 
         | https://en.wikipedia.org/wiki/Ostpolitik
         | 
         | Phasing out nuclear and increasing coal is just nuts. Nuclear
         | should, if anything, be expanded, but it's the third rail of
         | German politics. The populace has been so brainwashed on this
         | topic that logic just doesn't apply. Kinda like guns in the US.
         | 
         | The financial class in most countries sees itself as above the
         | law. Cumex was worse in many ways, but what the banks have been
         | doing in the US, Japan or the UK is hardly better. In fact, the
         | US legal system officially declined to pursue HSBC's brazen
         | money laundering, because going after the bank might lead to
         | financial instability. Carte Blanche. And don't get me started
         | on Goldman Sachs.
         | 
         | Heck, the moneyed classes in the UK took the country out of the
         | EU, never mind the enormous economic, social and political
         | damage, in order to avoid EU transparency laws.
        
           | hef19898 wrote:
           | The did a in depth review of basically every car maker in
           | Europe after that. For a while BMW was the only German one
           | that seemed to come out almost clean. until they didn't.
           | Peugeot and Renault were fined in France. As was Fiat in
           | Italy if I remember well. The German OEMs were the worst,
           | with VW leading the pack and Mercedes being a distant second.
           | VW did something clearly illegal, most others thaugjt the
           | just skirted the edge of legality. Maybe that skirting would
           | have worked if it wasn't for public pressure after VW was
           | found of having crossed line of skirting deep into cheating
           | territory.
           | 
           | VW wasn't the only having tweaked emissions, VW was the only
           | one having clearly cheated. that's why they are remembered
           | for it.
        
         | [deleted]
        
         | jd115 wrote:
         | I bet you not one of those model citizens would say a word if
         | you slip a few hundred euro in their pocket before crossing
         | that road on red.
        
         | Ygg2 wrote:
         | Power corrupts? And Germans aren't immune to it.
        
         | humanistbot wrote:
         | Don't forget the decade-long debacle of Berlin Brandenburg
         | Airport.
        
         | SilasX wrote:
         | Yeah, that's what worries me. Every time there's a story like
         | this, and someone asks "what, why did the employees buckle over
         | and implement this evil scheme?" you get a torrent of answers
         | about:
         | 
         | "Well obviously they cared about losing their job, we need
         | strong worker protections and unions."
         | 
         | "We just need a culture of calling people out on anti-social
         | behavior, whether or not that specific transgression is already
         | codified."
         | 
         | "We need strong regulations that penalize corner cutting."
         | 
         | But ... Germany is really good on all those points! So, if this
         | kind of thing slips through there...
        
           | yummypaint wrote:
           | There needs to be law enforcement against the company itself.
           | Penalties should take away the same proportion of income as
           | they would be for a median citizen. If a crime is severe
           | enough for a person to do 1 year in prison for, that's about
           | 2% of their lifetime income taken from them plus loss of
           | freedom. A crime of comparable severity should cost a company
           | 2% in perpetuity. If they are outcompeted or forced into
           | restructuring so be it. The threat of non-negligible
           | financial consequences is the only thing that will compel
           | change.
           | 
           | The individual low level employees are about as culpable for
           | the emissions cheating as the muscle cells of a serial killer
           | are for murdering someone. They hold no meaningful decision
           | making power within the organization and operate according to
           | the local incentive structure. The executives responsible for
           | shaping the incentive structure are the ones who should be
           | individually penalized. Market forces would help with this if
           | illegal practices were appropriately costly.
        
       | OneEyedRobot wrote:
       | I wonder how you tell illegal optimizing for a test vs. legal
       | optimizing for a test.
       | 
       | Lord knows what sort of magic they stick into 'Energy Star'
       | appliances.
        
         | corty wrote:
         | Well, easy in case of VW: If the optimization involves checking
         | "steering wheel has never moved out of 0 position since engine
         | start" and "intake air is at exactly 293K", then it illegally
         | optimizes for a test.
        
           | [deleted]
        
         | pueblito wrote:
         | > Lord knows what sort of magic they stick into 'Energy Star'
         | appliances.
         | 
         | I had a phase a few years back where I monitored all my
         | appliances and office stuff to see how much solar I needed and
         | I found the energy star ratings to be more or less correct with
         | my appliances except for my moms Samsung stove
        
       | criddell wrote:
       | Have any Professional Engineers working for VW been fined or
       | sanctioned in any way for malpractice?
        
         | hef19898 wrote:
         | We don't have this concept over here.
        
       | lnsru wrote:
       | Long time ago German cars were kinda perfection of how car could
       | be build. But recently this company was gasing apes... How low
       | could VW fall!?
       | https://www.theguardian.com/business/2018/jan/29/vw-condemne...
        
         | analog31 wrote:
         | That must have been quite a long time ago, because the German
         | car makers experienced the same rude awakening as their
         | American counterparts did, when Honda and Toyota showed up in
         | force, back in the 80s. And they took as long if not longer to
         | catch up.
         | 
         | I don't think the VW Rabbit was actually a higher quality car
         | in terms of reliability than the Ford Escort, and both were
         | light years behind the Toyota Corolla.
        
           | jsight wrote:
           | I agree. I'm baffled as to why German cars are held in such
           | high regard with some people. Long term reliability doesn't
           | match assembly quality and initial impressions.
        
             | hef19898 wrote:
             | In the case of VW and Audi? Marketing and build tolerances.
             | Especially those customers see, famously those between skin
             | panels.
        
           | lotsofpulp wrote:
           | I'm mid 30s in the US, and I always had the impression that
           | Japanese cars were the best quality:price ratio, American
           | cars were cheaper quality, but also cheaper overall, and
           | German cars were for showing off that you could spend money.
        
           | mzs wrote:
           | One of my sons just bought an '88 Celica GT and I am
           | impressed with how much better it is than same year VW Cabrio
           | and my first car a Caprice from same time frame.
        
             | hef19898 wrote:
             | Nice one, the Celica!
        
           | h2odragon wrote:
           | The VW Rabbit, imo, was better _built_ than a ford escort
           | (excepting electrical); but much worse design. They didnt do
           | thinks like  "oops we forgot to bolt in the transmission" (my
           | favorite ford trick); they did things like "when the clutch
           | needs adjusting the entire car has to come apart to reach a
           | retaining screw" and iirc there was something about a
           | crankshaft that was destined to break in half at 30k miles...
        
         | [deleted]
        
         | aitchnyu wrote:
         | I read a profound observation that I can barely recall. Can
         | anybody find it? Its that German cars use a design that assumes
         | tight tolerance parts, which drives up cost. But Japanese cars
         | use looser tolerance parts which still make up a strong "whole"
         | which is robust to bad parts and wear.
        
           | HeyLaughingBoy wrote:
           | I don't know much about the design of German cars, but
           | typically in the Japanese ones, you will find that they are
           | _designed_ to work with loose tolerances, but _manufactured_
           | with actual dimensions very close to the  "blueprint" and
           | very little manufacturing variation. As a result, you get
           | very robust construction since everything is basically
           | working exactly in the region it's designed for.
        
         | baybal2 wrote:
         | The word Gaswagen getting a whole new meaning
        
           | mtmail wrote:
           | https://en.wikipedia.org/wiki/Gas_van already means
           | systematically and at large scale murdering people.
        
       | jacquesm wrote:
       | Wasn't there an individual recently that used medical procedures
       | to avoid trial?
        
         | SilasX wrote:
         | You mean Elizabeth Holmes and pregnancy?
        
           | jacquesm wrote:
           | No, someone else, but that one I wasn't even aware of, I
           | wouldn't put it past her to do something like that on purpose
           | to try to avoid jail - and quite possible end up with having
           | her child paying the price for that.
        
             | SilasX wrote:
             | Maybe Harvey Weinstein and using a walker to look disabled
             | in public, then?
        
               | jacquesm wrote:
               | Yes, that's the one. Thanks. I couldn't find any
               | reference to it but apparently there is now some movement
               | regarding this that his surgery dates happened to overlap
               | with great regularity with his court dates.
               | 
               | I'm not sure anything will come of that because I find
               | the idea of a doctor cooperating with such a scheme
               | rather farfetched, but in the case of Weinstein it
               | probably shouldn't be ruled out a-priori.
        
       | thrwyoilarticle wrote:
       | I've never been surprised about Dieselgate. If an engineer is
       | given a metric to beat, they'll beat the metric, not the spirit
       | of the metric. The same attitude of improving the test still
       | exists, it's why manual sports cars have tall gears - the test
       | will happen at a more efficient rev range than the users will
       | actually use. Variable valve timings, variable cam profiles, more
       | aggressive sports modes: these are just hiding the real emissions
       | at a rev range the emissions test won't reach. And wasn't it
       | accepted wisdom that you shouldn't believe the MPG or L/100km
       | figures?
       | 
       | So-called 'tech' is just as bad. A defeat device is so similar to
       | the everyday silicon valley attitude it's hard to believe it
       | didn't originate there. Move fast and break things? Building
       | companies based on massive amounts of user data, then complaining
       | you can't feasibly do manual content review? We can't build a
       | society based on the assumption that engineers will act in the
       | public's best interest.
        
         | sanguy wrote:
         | The challenge is the test is flawed if it stipulates to
         | narrow/limited of a test range. This is why in SW we do
         | automated tests, unit tests, but also real-user testing.
         | 
         | For emissions the only solution is in-situ testing over real-
         | world operating conditions over a period of time. In other
         | words real-user-testing of the vehicle as it will be used.
         | 
         | This would stop all such games immediately.
        
           | _1100 wrote:
           | I would be very interested to see which brands / models of
           | cars would see significant MPG reporting changes.
           | 
           | How much would this exacerbate / accelerate the challenges
           | car companies face in complying with governmental MPG
           | requirements?
        
         | vegetablepotpie wrote:
         | Is it the engineers fault? Or is this the result of antisocial
         | business decisions?
         | 
         | If you're not going to trust engineers, who are you going to
         | place your trust in? Business men? Lawyers? Bureaucrats?
         | Politicians?
         | 
         | If we're looking at engineers as multi variable function
         | optimizers, You'll find that the field will be automated away
         | in short order. And that will be one less group to trust.
         | 
         | Fact is, at any level, everyone has an assumption of trust for
         | society. There are of course consequences to violating that
         | trust. But then smart people find ways to insulate themselves
         | from this consequences.
         | 
         | Regardless, the problems you speak of exist regardless of what
         | professions exist. The real problem is how do you align
         | incentives to align for better outcomes, and that is a hard
         | problem to solve.
        
         | arethuza wrote:
         | I think older Aston Martins had a tall first gear precisely to
         | give them a good 0-60 figure.
        
         | mercora wrote:
         | for me it was also hard to grasp what went wrong here. i always
         | thought if this test can be gamed something is flawed with this
         | test. they were given the task to pass the test and they did
         | although that did not translate to the outcome the engineers
         | developing this test envisioned for it i guess. It feels like
         | they changed the requirements and then went after anyone not
         | passing anymore. i do understand that they purposefully tried
         | to detect the test to game the result "somehow" but i cant help
         | it but to think if its possible to reduce emissions for the
         | test then its a viable strategy on the road given the same
         | usage pattern... although i don't really know how they actually
         | did it...
        
           | adgjlsfhk1 wrote:
           | so the problem is that vw purposefully lowered engine
           | performance during the test. they could have done that on the
           | road, and been within spec, but then their cars would have
           | felt sluggish, so instead they just made their cars lie
           | during the epa test
        
             | hef19898 wrote:
             | VW detected a test cycle and turned emissions treatment,
             | Adblue and some other things, on. When on the road, these
             | systems were tuned down or fully turned off.
        
             | contravariant wrote:
             | From my limited understanding it wasn't just lowering
             | engine performance they couldn't be simultaneously be
             | efficient with fuel and low in emissions (IIRC burning at a
             | higher temperature is good for fuel economy but bad for
             | other pollutants). It's very well possible that no single
             | configuration could have made them meet the requirements.
        
           | hef19898 wrote:
           | If memory serves well, they used steering, rev and so on as
           | input to decide if the car was on a test bench. Then they
           | turned on emissions treatment, or rather turned it up.
           | Obviously that works on the road as well.
           | 
           | As a tangent, VW was part of group of German manufacturers
           | colluding in limiting Adblue tank capacity (I'd have too look
           | up details). in order to maximize revenue, they also extended
           | the refill periods to match inspection intervals. Basically
           | so the OEMs could sell dirt chepa Adblue to customers. Now
           | the smaller tanks were insufficient to treat emissions on the
           | road without being refilled between inspections. Instead of
           | mounting bigger tanks, VW decided, apparently, to just turn
           | the system of while on the road. Clearly illegal because test
           | cycle recognition is illegal. As opposed to using technical
           | loop holes when road operations are concerned.
        
             | peteradio wrote:
             | Thats unbelievable. So they purposefully fucked with the
             | car design to sell some juice? Beancounters beware. I
             | wonder who it was that pitched such an unconscionable
             | asinine idea. It seems like there were some missing NO men
             | as well.
        
               | hef19898 wrote:
               | If I remember well, the main offenders were German OEMs
               | that colluded with VW on that. other European OEMs mainly
               | toyed around with other stuff and edge cases, some
               | activities were later found to be illegal. Most so were
               | able to fix it by "just" burning more Adblue and getting
               | rid of temp windows and such things.
               | 
               | VW was the only one I know that was forced to tweak
               | engine performance. IMHO the goal was optimize weight and
               | cost, and engine design. Only VW seemed to have gone far
               | enough to design engines that were technically barely, if
               | at all, able to comply with emission requirements. So
               | they resorted to cheating. Once that worked, it escalated
               | to the point 11 million cars were affected. Kind a stupid
               | if you ask me.
        
             | bri3d wrote:
             | It was sort of the opposite - there was a control module
             | called "kundenspezifische Akustikbedingung" or "customer
             | acoustics condition" in Bosch diesel control units which
             | was _deactivated_ by conditions like steering input that
             | indicated real driving. So the car started in "low
             | emissions" mode by default (essentially, running richer,
             | which increased consumption and CO2 emissions but reduced
             | NOx), and then leaned out (decreasing consumption but
             | increasing NOx) once the "acoustic model" was deactivated.
             | 
             | https://cseweb.ucsd.edu/~klevchen/diesel-sp17.pdf
        
               | hef19898 wrote:
               | The acoustic mode was used to recognize the test cycle
               | and to properly dose Adblue. It didn't impact fuel
               | mixture, that was something VW later did to make the
               | engine generally compliant. The new, leaner mixture
               | resulted in some power losses.
               | 
               | Under all other operating modes, the Adblue dosage was
               | reduced to almost zero. That is clearly illegal. In
               | addition to that, VW did some other stuff especially for
               | the US market to meet California's emission requirements.
               | 
               | What everyone else did was playing with temperature
               | windows, under _all_ operating conditions to reduce
               | Adblue and optimizing for other things. Not ullegla per-
               | se, as these windows kinda used to be legal, but
               | definitely violating the spirit of regulations. Some
               | manufacturers exaggerated more than others. But only VW
               | cheated as clearly, as bluntly, as long and at as large a
               | scale. No amount of VW PR can change that.
        
               | belter wrote:
               | With the help from Bosch:
               | 
               | "Supplier's Role Shows Breadth of VW's Deceit"
               | https://www.nytimes.com/2017/02/01/business/bosch-vw-
               | diesel-...
        
               | hef19898 wrote:
               | Yep. Bosch tried to protect their asses by sending VW a
               | letter that this software was test purposes only, any
               | road or production use would be illegal. They still got
               | fined.
        
               | belter wrote:
               | "In June 2008, Bosch wrote a letter demanding that
               | Volkswagen agree to pay any penalties if they were
               | discovered using a defeat device."
        
               | hef19898 wrote:
               | The use of that software as a defeat device surely was a
               | surprise to everyone when it came out years later...
        
               | bri3d wrote:
               | The EDC17 analysis in this paper does not support this: "
               | Figure 4 shows how the fuel injection quantity (additive)
               | correction (qCor) is modified by the acoustic condition."
               | 
               | Not that it makes the cheating any less illegal, but I'm
               | interested in the source of your analysis and why it
               | differs from the model in the FR and the disassembly
               | performed by that research group.
        
               | Glawen wrote:
               | Thanks! Nice paper, I didn't know they had access to the
               | SW specifications
        
               | bri3d wrote:
               | You can find these (leaked of course) easily by googling
               | "Funktionsrahmen". They are shared widely by tuners.
        
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