L.A. to Uber: Either Hand Over Realtime Data on Scooter Riders or Get Out of Town

Uber and Los Angeles are headed for a showdown over the city’s controversial data-sharing demands. If Uber loses, the company’s dockless electric scooters and bikes could disappear from city streets.

Jump, a dockless mobility company acquired by Uber last year, has a permit to rent out those scooters and bikes for use on city streets. But last week the Los Angeles Department of Transportation (LADOT) threatened to suspend the permit over the company’s failure to provide the city with data on the riders’ realtime locations.

Uber has argued, with the support of several privacy organizations, that this requirement violates both its customers’ privacy and California law. Rather than submit to LADOT’s demands, the company promises to sue.

“Jump riders in Los Angeles have a reasonable expectation of privacy in the trip data created from riding on our bikes and scooters,” an Uber spokesperson told Reason. “Therefore, we had no choice but to pursue a legal challenge.”

LADOT argues that its data-sharing rules are needed to enforce the city’s scooter regulations and that Uber is an outlier in refusing to comply with them.

“Every other company that is permitted in Los Angeles is following the rules,” an LADOT spokesperson told the Los Angeles Times. “We look forward to being able to work with Uber on getting them into compliance.”

For now, Jump scooters and bikes are still available for hire on L.A. streets. The company has until Friday to appeal LADOT’s decision.

The origins of this dispute go back to late 2018, when Los Angeles unveiled a pilot permitting program for dockless mobility companies. To obtain one of these permits, companies were required to obtain insurance for their vehicles, to ensure their vehicles were properly parked, and to develop an equity plan for low-income riders.

Scooter providers were also required to submit realtime data on rides, including time-stamped location data and start and end points, to the city.

At the time, LADOT promised to treat the data as confidential. It also argued that its data-sharing requirements respected users’ privacy because the city was not demanding personally identifiable information.

Privacy groups were unimpressed. In a November letter to Seleta Reynolds, LADOT’s general manager, the Center for Democracy and Technology (CDT) argued that the department did not sufficiently specify how it would prevent the theft or abuse of the data.

The CDT also argued that the data could easily be used to identify individual users, noting that “when persistent identifiers are connected to historical location information, individuals can be personally identified with reasonable ease.”

To allay these concerns, LADOT published a list of data protection principles in March, promising to collect only the data necessary for its mission of protecting public rights-of-way, to limit third-party and law enforcement access to that data, and to adopt stringent security safeguards.

In an April blog post, Nathan Sheard of the Electronic Frontier Foundation (EFF) declared LADOT’s data protection principles a “list of aspirations and buzz words” that are “a far cry from the transparent, actionable, and enforceable data privacy policies we would expect of any city agency demanding this level of sensitive information about Los Angeles residents.”

Both the EFF and CDT argue that collecting realtime, individualized data on the companies’ customers amounts to government surveillance that with minimal effort could reveal reams of sensitive information about an individual user. As EFF pointed out in an April letter to the city, the data collection system “could reveal trips to Planned Parenthood, specific places of prayer, and gay-friendly neighborhoods or bars. Patterns in the data could reveal social relationships, and potentially even extramarital affairs, as well as personal habits, such as when people typically leave for work, go to the gym, or run errands, how often they go out on evenings and weekends, and where they like to go.”

LADOT’s data requirements could also violate the California Electronic Communications Privacy Act (CalECPA), which requires government entities to obtain a warrant before accessing electronic user information.

In August, the state legislature’s Legislative Counsel—a government body that drafts state bills and provides legal advice to legislators—issued an opinion finding that CalECPA prohibits local government departments from “imposing a real time data sharing requirement on a dockless mobility provider as a condition of granting a permit.”

Reynolds has challenged that opinion, arguing that CalECPA was intended to restrict law enforcement agencies trying to access electronic communications, not regulatory bodies trying to keep the sidewalks clear.

The question of how much CalECPA ties L.A.’s hands will now probably be hashed out in court. Uber has yet to file a lawsuit, but it is likely do so in the near future.

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Watch As Iraq Protesters Torch Iranian Consulate Over ‘Foreign Interference’ 

Watch As Iraq Protesters Torch Iranian Consulate Over ‘Foreign Interference’ 

As anti-corruption protests in Lebanon and Iraq have raged and quickly turned into massive anti-government protests, with the latter much fiercer and more violent, now with over 250 Iraqis killed and nearly 10,000 wounded, there’s growing fears that in both countries a Syria-style broader proxy war could emerge. 

Iran has accused the US and Israel for stoking unrest, while Washington and Tel Aviv officials see ‘Iranian expansion’ and meddling as the true culprit. It appears that some Iraqis agree, given the Iranian consulate in the city of Karbala came under attack Sunday, in the latest sign of public backlash over perceived Iranian control of Baghdad political leaders. 

“Protesters scaled the consulate’s walls late Sunday while hauling an Iraqi flag. Security forces fired rubber bullets to disperse protesters who were throwing Molotov cocktails over the wall,” The Wall Street Journal reported based on local video of the attack. 

Iranian consulate in Karbala on fire during Sunday protests, via Reuters.

It came after last week Ayatollah Ali Khamenei blamed foreign powers for unrest gripping Iraq and Lebanon. “I recommend those who care in Iraq and Lebanon remedy the insecurity and turmoil created in their countries by the US, the Zionist regime, some western countries, and the money of some reactionary countries,” Khamenei stated using his official social media accounts.  

This also as Iran has been blamed for intervening to prevent the ouster, via forced resignation, of Iraq’s Prime Minister Adil Abdul-Mahdi amid the popular protests and mayhem. 

We reported last week that during a surprise visit by Qassem Soleimani, the head of the IRGC international offshot Quds Force, the powerful military chief intervened by asking al-Amiri and his Iranian-backed militias to continue supporting Abdul Mahdi. Several senior Iraqi officials have told reporters that Soleimani showed up at a secret meeting in Baghdad on Wednesday that was supposed to be run by Abdul Mahdi, according to Israeli newspaper Haaretz.

Soleimani and many of the militia leaders who are loyal to Amiri raised concerns at the meeting that ousting Abdul Mahdi could weaken the Popular Mobilization Forces, an umbrella group of mostly Iran-backed Shiite militias who have allies in the Iraq’s parliament and government.

Watch as the Iranian consulate in the central Iraqi city of Karbala, south of Baghdad is torched:

And now, with his position firmly in place for now, PM Abdul Mahdi on Sunday issued a public message calling on demonstrators to “return the country to normal” — but made no mention of plans to step down. 

“Threatening the oil interests and blocking roads leading to Iraq’s ports is causing big losses exceeding billions of dollars,” he said, according to the WSJ

Anti-Iran anger has been particularly fierce in the restive southern provinces, given the important Shia pilgrimage centers in places like Karbala, where it’s believed Iran’s influence is felt most strongly and directly.  

Indeed the ‘proxy war’ nature of what’s unfolding in Iraq is increasingly tanking center stage, as President Trump himself tweeted about Monday morning:

For example the Iranian consulate in Basra was torched by a mob last year, in events very similar to Sunday’s incident. During Sunday night’s unrest which saw the consulate in Karbala set ablaze, at least three protesters were killed by security forces.

Iran-backed Iraqi Shia militias have reportedly been increasingly involved in assisting security forces in putting down the popular unrest which has swept the country – by some accounts even deploying snipers.


Tyler Durden

Mon, 11/04/2019 – 14:29

via ZeroHedge News https://ift.tt/2NIkEnh Tyler Durden

L.A. to Uber: Either Hand Over Realtime Data on Scooter Riders or Get Out of Town

Uber and Los Angeles are headed for a showdown over the city’s controversial data-sharing demands. If Uber loses, the company’s dockless electric scooters and bikes could disappear from city streets.

Jump, a dockless mobility company acquired by Uber last year, has a permit to rent out those scooters and bikes for use on city streets. But last week the Los Angeles Department of Transportation (LADOT) threatened to suspend the permit over the company’s failure to provide the city with data on the riders’ realtime locations.

Uber has argued, with the support of several privacy organizations, that this requirement violates both its customers’ privacy and California law. Rather than submit to LADOT’s demands, the company promises to sue.

“Jump riders in Los Angeles have a reasonable expectation of privacy in the trip data created from riding on our bikes and scooters,” an Uber spokesperson told Reason. “Therefore, we had no choice but to pursue a legal challenge.”

LADOT argues that its data-sharing rules are needed to enforce the city’s scooter regulations and that Uber is an outlier in refusing to comply with them.

“Every other company that is permitted in Los Angeles is following the rules,” an LADOT spokesperson told the Los Angeles Times. “We look forward to being able to work with Uber on getting them into compliance.”

For now, Jump scooters and bikes are still available for hire on L.A. streets. The company has until Friday to appeal LADOT’s decision.

The origins of this dispute go back to late 2018, when Los Angeles unveiled a pilot permitting program for dockless mobility companies. To obtain one of these permits, companies were required to obtain insurance for their vehicles, to ensure their vehicles were properly parked, and to develop an equity plan for low-income riders.

Scooter providers were also required to submit realtime data on rides, including time-stamped location data and start and end points, to the city.

At the time, LADOT promised to treat the data as confidential. It also argued that its data-sharing requirements respected users’ privacy because the city was not demanding personally identifiable information.

Privacy groups were unimpressed. In a November letter to Seleta Reynolds, LADOT’s general manager, the Center for Democracy and Technology (CDT) argued that the department did not sufficiently specify how it would prevent the theft or abuse of the data.

The CDT also argued that the data could easily be used to identify individual users, noting that “when persistent identifiers are connected to historical location information, individuals can be personally identified with reasonable ease.”

To allay these concerns, LADOT published a list of data protection principles in March, promising to collect only the data necessary for its mission of protecting public rights-of-way, to limit third-party and law enforcement access to that data, and to adopt stringent security safeguards.

In an April blog post, Nathan Sheard of the Electronic Frontier Foundation (EFF) declared LADOT’s data protection principles a “list of aspirations and buzz words” that are “a far cry from the transparent, actionable, and enforceable data privacy policies we would expect of any city agency demanding this level of sensitive information about Los Angeles residents.”

Both the EFF and CDT argue that collecting realtime, individualized data on the companies’ customers amounts to government surveillance that with minimal effort could reveal reams of sensitive information about an individual user. As EFF pointed out in an April letter to the city, the data collection system “could reveal trips to Planned Parenthood, specific places of prayer, and gay-friendly neighborhoods or bars. Patterns in the data could reveal social relationships, and potentially even extramarital affairs, as well as personal habits, such as when people typically leave for work, go to the gym, or run errands, how often they go out on evenings and weekends, and where they like to go.”

LADOT’s data requirements could also violate the California Electronic Communications Privacy Act (CalECPA), which requires government entities to obtain a warrant before accessing electronic user information.

In August, the state legislature’s Legislative Counsel—a government body that drafts state bills and provides legal advice to legislators—issued an opinion finding that CalECPA prohibits local government departments from “imposing a real time data sharing requirement on a dockless mobility provider as a condition of granting a permit.”

Reynolds has challenged that opinion, arguing that CalECPA was intended to restrict law enforcement agencies trying to access electronic communications, not regulatory bodies trying to keep the sidewalks clear.

The question of how much CalECPA ties L.A.’s hands will now probably be hashed out in court. Uber has yet to file a lawsuit, but it is likely do so in the near future.

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Commercial Driverless Taxis Have Arrived

Commercial Driverless Taxis Have Arrived

Authored by Mike Shedlock via MishTalk,

After more than a decade, Waymo’s driverless ride-hailing service is open to customers. For now, it’s free.

TechCrunch discusses Hailing a Waymo Driverless Taxi.

“Congrats! This car is all yours, with no one up front,” the pop-up notification from the Waymo app reads. “This ride will be different. With no one else in the car, Waymo will do all the driving. Enjoy this free ride on us!”

It marks the beginning of a driverless ride-hailing service that is now being used by members of its early rider program and eventually the public.

Limitations

  • The company’s driverless rides are currently free and only taking place in a geofenced area that includes parts of Chandler, Mesa and Tempe.

  • Even Waymo vehicles with safety drivers don’t yet take riders to one of the most popular ride-hailing destinations: the airport.

  • The everyday interactions between a passenger and an Uber or Lyft driver, such as conversations about pick-up and drop-offs as well as sudden changes in plans, become more complex when the driver is a computer. It’s an area that Waymo’s user experience research (UXR) team admits it is still figuring out.

  • Computers and sensors may already be better than humans at specific driving capabilities, like staying in lanes or avoiding obstacles (especially over long periods of time), but they lack the human flexibility and adaptability needed to be a good mobility provider.

Pooh Poohs Coming

I expect many readers will pooh-pooh this story with the usual nonsense about weather, old men on roller skates veering into traffic, liability issues, theft, and other silliness.

The fact of the matter is this is 2019.

I expected trucks, not taxis would be far in front. And they likely still are.

City driving where riders might change their minds is far more complex that point-to-point trucking from interstate hub to hub. Taxi adoption is likely to be slower.

The primary thing holding up hub-to-hub trucking is national regulation. I expect to see that next year.

Once allowed, interstate truck driving will quickly adopt. Commercial taxis will have a longer adoption period.

Personal Anecdote

The limo service I typically take to the airport just got rid of all its limos and drivers. The drivers are now contractors and must own their own vehicles. Those who refused were fired.

With that change, the owner’s business model morphed into taking a percentage of the fare for scheduling rides rather than owning any vehicles and hiring drivers.

Within five years or less, those jobs will be gone.

Driverless Has Arrived

Driverless is here. The only debate is how fast it ramps up.

I suggest that within a 2-3 years of federal regulation, the majority of truck on the interstates will be driverless.

Even faster would not be a surprise.


Tyler Durden

Mon, 11/04/2019 – 14:15

via ZeroHedge News https://ift.tt/2PMGTLw Tyler Durden

Hours After McDonalds Fires Its CEO, The Company’s Head Of HR Quits

Hours After McDonalds Fires Its CEO, The Company’s Head Of HR Quits

Just hours after McDonalds unexpectedly fired its CEO late on Sunday because of his relationship with an employee, the company also announced that its top human-resources executive also left the company.

McDonald’s said its Chief People Officer David Fairhurst had left the company on Monday, without providing any details. Fairhurst, a 15-year veteran of the company, had worked with Easterbrook for McDonald’s in the U.K. and was promoted to the top human-resources job soon after Easterbrook became CEO in 2015, the WSJ first reported.

The company declined to comment on the nature of Fairhurst’s departure. Mason Smoot, an SVP who oversees strategic alignment and staff, will replace Fairhurst on an interim basis.

Earlier this year and following an inquiry from U.S. Senator Tammy Duckworth, McDonald’s said it was training workers to deal with harassment and starting a hotline for victims. In a response to Duckworth, an Illinois Democrat, Easterbrook said the company’s new strategy creates “a clear message that we are committed to creating and sustaining a culture of trust where employees feel safe, valued and respected.”

Separately, McDonalds reported in a Monday 8K that it would pay now former CEO Easterbrook six months in severance, and would grant him 18 months of health benefits. It wasn’t clear if Easterbrook would also get free hamburgers for life to make sure he uses those health benefits ASAP.

Steve Easterbrook, McDonald’s former CEO. Photo: Reuters

McDonalds also said the agreement absolved the company of any liability resulting from Easterbrook’s termination and barred him from working for another fast-food company for two years.

As part of the agreement, the former CEO will also will keep stock awards vesting within three years of his firing and forfeit later awards. He will be eligible for a prorated bonus for the current fiscal year determined by the company’s performance. This means that Easterbrook will get to keep unvested stock options worth about $23.5 million and possibly benefit from grants of restricted shares tied to the company’s performance that are worth roughly $13.8 million at their target payouts, according to calculations by Bloomberg. He’s also eligible for a pro-rated bonus for his work in fiscal 2019.

In return Easterbrook agreed to refrain from making disparaging comments about the company and would cooperate with any investigations or litigation arising from matters he has knowledge about.

As Bloomberg notes, not all CEOs who lose their jobs under similar circumstances fare so well. Brian Krzanich, who was fired by Intel last year after the board learned he had a consensual relationship with an employee, surrendered equity awards worth tens of millions of dollars and received no severance. A McDonald’s representative didn’t immediately respond to a request for comment about why the board opted against terminating Easterbrook “for cause.”

Easterbrook, who received $15.9 million in total compensation last year, will receive the severance six months after his termination date, Nov. 1. McDonald’s said on Sunday that it had appointed Chris Kempczinski, its former head of U.S. operations, to succeed Easterbrook immediately.

As the WSJ notes, Kempczinski, 51, and Easterbrook, 52, worked closely on a strategy in recent years to try to boost traffic at US restaurants through spending on new technology and menu items with fresher ingredients. As MCD’s recent press release showed, the company’s sales had risen thanks to those efforts and price increases, but traffic in the U.S. has remained largely flat and franchisees have pushed back at the costs of renovating restaurants and changing operations. Kempczinski said in an interview on Sunday that he would stick with the strategy and continue to discuss it with franchisees.

McDonald’s said Monday that it set Mr. Kempczinski’s base salary at $1.25 million. Mr. Easterbrook’s base salary last year was $1.35 million.

While investors were displeased with the unexpected CEO departure, pushing MCD stock lower on Monday, the burger chain faces other, more pressing problems: as traffic to burger chains slows generally in the US, McDonald’s is also facing threats to other parts of its business such as breakfast. A part of the day it once dominated with Egg McMuffins and hash browns has seen rival chains pile in as they also hunt for growth. The chain has still posted same-store sales growth in the U.S. and globally under Easterbrook’s watch.

As we reported last month, McDonald struck a number of technology deals to try to boost sales and improve operations. Those deals are driving up expenses. Kempczinski said in an interview Sunday that he expects them to eventually pay off, and he intends to keep Mr. Easterbrook’s focus on technology.


Tyler Durden

Mon, 11/04/2019 – 14:00

via ZeroHedge News https://ift.tt/34w4xQt Tyler Durden

This Chronicle of Sloppy Alcohol Breath Testing Highlights the Hidden Problems With Supposedly Scientific Forensic Evidence

In principle, machines that analyze drivers’ breath can accurately measure the concentration of alcohol in their blood. But as The New York Times shows in an eye-opening exposé, that depends on using properly maintained and calibrated machines running error-free software. When police neglect those factors, innocent people can be convicted of driving under the influence. “Judges in Massachusetts and New Jersey have thrown out more than 30,000 breath tests in the past 12 months alone, largely because of human errors and lax governmental oversight,” the Times reports. “Across the country, thousands of other tests also have been invalidated in recent years.”

Here are some striking examples of faulty breath-test evidence used in DUI cases, as described by the Times:

  • Massachusetts, which in recent years has been plagued by fraud at the state’s forensic laboratory, used Alcotest 9510 machines that are supposed to generate error messages when two methods of testing blood alcohol concentration arrive at contradictory results. “Instead,” the Times says, “the devices printed a result”—a problem that the machine’s manufacturer, Dräger, attributed to a programming error it says has been corrected. In addition, the crime lab “lacked a written procedure to set up and test machines,” and “the lab had hidden records of hundreds of failed calibrations.” Those problems eventually led to court orders throwing out more than 36,000 test results and prohibiting the state from using breath machines until the program has been reformed and accredited.
  • In 2010, Ilmar Paegle, the new head of the Washington, D.C., breath testing program, discovered that the District’s Intoxilyzer machines were “generating results that were 20 percent to 40 percent too high.” Paegle reported that his predecessor, Kelvin King, who was in charge of the program for 14 years, “had routinely entered incorrect data that miscalibrated the machines.” The program also had been using test chemicals “so old that they had lost their potency.” The city has notified defendants about the miscalibration issue in just 350 DUI cases spanning 18 months, but more than 700 other DUI defendants pleaded guilty during that period based on the assumption that their breath test results would lead to convictions.
  • Washington state replaced its old breath testing equipment in 2009 with Dräger’s Alcotest 9510, even though the company said the machines were “not yet ready for implementation.” A state toxicologist recommended that “we throw caution to the wind and proceed without paying up front for an independent evaluation.” In 2015, consultants hired by a defense attorney concluded that the Alcotest 9510 was “not a sophisticated scientific measurement instrument” and “does not adhere to even basic standards of measurement.” The problems included programming that could yield results rounded up to cross the 0.08 percent DUI threshold and the state’s decision to forgo a sensor that measures breath temperature, which can skew test results.
  • When Colorado bought 160 new Intoxilyzer 9000 machines from CMI in 2013, it was in a hurry to get them up and running. A state lab technician later testified that “records were faked to show that he had calibrated dozens of instruments that he had never touched.” The lab also “summoned assistants, including an intern, a CMI lawyer and a sales manager, to help.” The lab’s former science director “said in a sworn affidavit that her digital signature had been used without her knowledge on documents certifying that the Intoxilyzers were reliable,” and “the lab kept using her signature after she left for another job.” A judge in one case concluded that the lab had decided to “consciously disregard truth and accuracy.” Defense lawyers in dozens of other cases are now challenging the test results used to convict their clients.
  • In New Jersey, the Times reports, “more than 13,000 people were found guilty based on breath tests from machines that hadn’t been properly set up.” In 2007 the New Jersey Supreme Court let defense attorneys hire experts who found “thousands of programming errors” in the software for Dräger’s Alcotest 7110. “Dräger said it quickly fixed the problems,” the Times says, “but the state never rolled out the software update.”
  • Several states, including Florida, Ohio, Oregon, and Mississippi, are using a machine, the Intoxilyzer 8000, that Vermont deemed “unsatisfactory” in 2005, noting that it generated inaccurate results in “almost every test.”

In addition to highlighting the potential for hidden problems (including fraud) with forensic evidence presented as scientifically infallible, the experience with alcohol breath testing is a cautionary tale for legislators, police, and prosecutors as they decide how to deal with marijuana-impaired driving. With alcohol, there is a firm scientific basis both for measuring blood levels with breath tests and for correlating them with impairment. Neither is true for THC. The best that breath, saliva, or even blood tests can do is confirm that a driver has consumed cannabis. They cannot show whether he was impaired by cannabis while he was driving.

In cases where there is independent evidence of impairment, a positive result for THC can suggest the cause. Even when tests are used for that limited purpose, and even when the technology has been validated, it is not safe to assume results are accurate in practice.

You might think that police and prosecutors have a strong incentive to make sure the evidence on which they rely can withstand scrutiny, given the consequences once sloppy methods are exposed. But that incentive is often overridden by short-term expediency, as demonstrated by the continued use of notoriously unreliable drug field tests. This chronicle of laziness, incompetence, and outright fraud in alcohol breath testing underlines that point.

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SaxoBank’s Mea Culpa: “The Risk Of A Melt Up In Equities Is Real”

SaxoBank’s Mea Culpa: “The Risk Of A Melt Up In Equities Is Real”

Submitted by SaxoBank equity strategist, Peter Garnry

For more than a year we have been negative on equities relative to bonds as global leading indicators have continuously deteriorated. We have never pulled out the “all out” alarm but encouraged our clients to be defensive on equities gravitating towards high quality and minimum volatility stocks. To be fair our factor tilts have done well against the general equity market with minimum volatility stocks delivering the same return as MSCI World, but quality stocks have delivered 6.4% more in total return this year. In a longer horizon both minimum volatility and quality factors have done even much better. While we have got the equity factor tilts right, we have been totally wrong on our general allocation decision of underweight equities and overweight bonds. As a result, we are now officially positive on equities until the downward dynamics return.

Given the market reaction despite overwhelming data suggesting trouble ahead we now must contemplate a melt up scenario in US equities like the one in 1999-2000. In our equity presentation back in March we did in fact highlight the case for a melt up scenario as the similarities to the 1998 drawdown in equities followed by Greenspan’s panic resemble that of Powell’s panic early this year after the Q4 2018 meltdown. However, as the macro data and the US-China relationship continued to worsen we never materialized the melt up scenario as our base scenario. But for now, we must accept that central bank action pushing down interest rates again is driving strong substitution effects from bonds into equities and creates a strong there is no alternative (‘TINA’) effects offsetting any weakness in macro.

As we highlighted last week S&P 500 is becoming increasingly expensive in long historical context as valuation multiples have risen as technology companies with higher growth and higher return on capital have come to dominate the index.

History shows that higher valuation comes with lower returns, so we are currently just borrowing returns from the future. In our monthly equity update published last Friday we are hypothesizing that that one of the key explanations for the disconnect between equities and macro is that equities are discounting a soft patch and a quick return to trend growth. This view is also reflected in current S&P 500 forward EPS estimates which are currently reflecting 14% growth over the next 12 month which in our view is an aggressive estimate for growth. It’s also important to note that S&P 500 estimates are generally too optimistic; the exact figures are 17% above realized earnings the following 12 months since 1991 and 7% in the period since the Great Financial Crisis. 

In other words, the optimistic view currently baked into forward estimates will not hold pushing up valuation multiples even more over the coming period.


Tyler Durden

Mon, 11/04/2019 – 13:45

via ZeroHedge News https://ift.tt/2NELPzf Tyler Durden

This Chronicle of Sloppy Alcohol Breath Testing Highlights the Hidden Problems With Supposedly Scientific Forensic Evidence

In principle, machines that analyze drivers’ breath can accurately measure the concentration of alcohol in their blood. But as The New York Times shows in an eye-opening exposé, that depends on using properly maintained and calibrated machines running error-free software. When police neglect those factors, innocent people can be convicted of driving under the influence. “Judges in Massachusetts and New Jersey have thrown out more than 30,000 breath tests in the past 12 months alone, largely because of human errors and lax governmental oversight,” the Times reports. “Across the country, thousands of other tests also have been invalidated in recent years.”

Here are some striking examples of faulty breath-test evidence used in DUI cases, as described by the Times:

  • Massachusetts, which in recent years has been plagued by fraud at the state’s forensic laboratory, used Alcotest 9510 machines that are supposed to generate error messages when two methods of testing blood alcohol concentration arrive at contradictory results. “Instead,” the Times says, “the devices printed a result”—a problem that the machine’s manufacturer, Dräger, attributed to a programming error it says has been corrected. In addition, the crime lab “lacked a written procedure to set up and test machines,” and “the lab had hidden records of hundreds of failed calibrations.” Those problems eventually led to court orders throwing out more than 36,000 test results and prohibiting the state from using breath machines until the program has been reformed and accredited.
  • In 2010, Ilmar Paegle, the new head of the Washington, D.C., breath testing program, discovered that the District’s Intoxilyzer machines were “generating results that were 20 percent to 40 percent too high.” Paegle reported that his predecessor, Kelvin King, who was in charge of the program for 14 years, “had routinely entered incorrect data that miscalibrated the machines.” The program also had been using test chemicals “so old that they had lost their potency.” The city has notified defendants about the miscalibration issue in just 350 DUI cases spanning 18 months, but more than 700 other DUI defendants pleaded guilty during that period based on the assumption that their breath test results would lead to convictions.
  • Washington state replaced its old breath testing equipment in 2009 with Dräger’s Alcotest 9510, even though the company said the machines were “not yet ready for implementation.” A state toxicologist recommended that “we throw caution to the wind and proceed without paying up front for an independent evaluation.” In 2015, consultants hired by a defense attorney concluded that the Alcotest 9510 was “not a sophisticated scientific measurement instrument” and “does not adhere to even basic standards of measurement.” The problems included programming that could yield results rounded up to cross the 0.08 percent DUI threshold and the state’s decision to forgo a sensor that measures breath temperature, which can skew test results.
  • When Colorado bought 160 new Intoxilyzer 9000 machines from CMI in 2013, it was in a hurry to get them up and running. A state lab technician later testified that “records were faked to show that he had calibrated dozens of instruments that he had never touched.” The lab also “summoned assistants, including an intern, a CMI lawyer and a sales manager, to help.” The lab’s former science director “said in a sworn affidavit that her digital signature had been used without her knowledge on documents certifying that the Intoxilyzers were reliable,” and “the lab kept using her signature after she left for another job.” A judge in one case concluded that the lab had decided to “consciously disregard truth and accuracy.” Defense lawyers in dozens of other cases are now challenging the test results used to convict their clients.
  • In New Jersey, the Times reports, “more than 13,000 people were found guilty based on breath tests from machines that hadn’t been properly set up.” In 2007 the New Jersey Supreme Court let defense attorneys hire experts who found “thousands of programming errors” in the software for Dräger’s Alcotest 7110. “Dräger said it quickly fixed the problems,” the Times says, “but the state never rolled out the software update.”
  • Several states, including Florida, Ohio, Oregon, and Mississippi, are using a machine, the Intoxilyzer 8000, that Vermont deemed “unsatisfactory” in 2005, noting that it generated inaccurate results in “almost every test.”

In addition to highlighting the potential for hidden problems (including fraud) with forensic evidence presented as scientifically infallible, the experience with alcohol breath testing is a cautionary tale for legislators, police, and prosecutors as they decide how to deal with marijuana-impaired driving. With alcohol, there is a firm scientific basis both for measuring blood levels with breath tests and for correlating them with impairment. Neither is true for THC. The best that breath, saliva, or even blood tests can do is confirm that a driver has consumed cannabis. They cannot show whether he was impaired by cannabis while he was driving.

In cases where there is independent evidence of impairment, a positive result for THC can suggest the cause. Even when tests are used for that limited purpose, and even when the technology has been validated, it is not safe to assume results are accurate in practice.

You might think that police and prosecutors have a strong incentive to make sure the evidence on which they rely can withstand scrutiny, given the consequences once sloppy methods are exposed. But that incentive is often overridden by short-term expediency, as demonstrated by the continued use of notoriously unreliable drug field tests. This chronicle of laziness, incompetence, and outright fraud in alcohol breath testing underlines that point.

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Fed’s Balance Sheet Soars Above $4 Trillion: Up $250 Billion Since Repo Crisis

Fed’s Balance Sheet Soars Above $4 Trillion: Up $250 Billion Since Repo Crisis

If it seems like it was just over a month ago that the repo market suddenly suffered its biggest cardiac arrest since the financial crisis, when overnight repo rates exploded from 2% to 10% in an instant with no observable news or catalyst on the 11th anniversary of Lehman’s collapse…

… and only immediate Fed intervention prevented a full-blown financial crisis, it’s because it was.

As we have already discussed, we now know that said crisis was precipitated by JPMorgan quietly and steadily withdrawing liquidity from money markets

Source: Monday Morning Macro

… while at the same time Jamie Dimon’s bank reduced the cash it has on deposit at the Federal Reserve, from which it might have lent to other banks and prevent the repo crisis, by $158 billion in the year through June, a 57% decline, as JPM faced the highest G-SIB surcharges of all US banks due to the specific composition of its balance sheet.

Of course, whether this was indeed the reason behind JPM’s liquidity withdrawal, or if Jamie Dimon strategically shrank the bank’s available liquidity in order to incite a repo market crisis (the same way some speculate Lehman was sacrificed to launch QE1 and the global financial bailout), there is no way of knowing for sure – we can hope that Elizabeth Warren’s questions to Steve Mnuchin will provide some additional insight, although we doubt it – but what we do know is that in response to September’s repocalypse, not only did the NY Fed launch overnight and term repos to inject liquidity into the market, it also started “Not QE”, or “Quasi QE”, which is never ever to be confused with “QE 4” (as that would suggest the US economy is now in a recession and the Fed is panicking to prevent a market crash). Why? Because whereas the narrative never touched on JPM and its explicit liquidity withdrawal, pundits were all too eager to point to the drop in Fed reserves to “only” $1.3 trillion as the culprit behind September’s fireworks.

Fast forward to today, when for JPMorgan and all other US commercial banks (which happen to own the Fed), it is mission accomplished: not only did the Fed’s excess reserves spike to $1.5 trillion, a level which the experts say is far more suitable for the US financial system (as a reminder, before the financial crisis the level of excess reserves was precisely $0), but as of last week, the Fed’s balance sheet is now back over $4 trillion (at roughly the same time total US debt hit $23 trillion for the first time), surging over $250 billion since September, and one third of the way to regaining it’s all time highs of $4.5 trillion.

And since the Fed’s POMO will continue well into 2020, expect the previous all time highs in the Fed’s balance sheet to be surpassed soon. Just don’t call it QE.

Meanwhile, if one strips away the superficial debate whether the US repo market is fixed or still broken, if interbank plumbing remains clogged up, if JPM caused the September repo crisis (on purpose) or if the dollar funding crisis was due to a drop in bank reserves, and if this is QE or not QE, what is really taking place just behind the scenes is very simple: global central banks, from the ECB, to China, and now to the Fed, are once again flooding the world with liquidity. In fact, the only reason the S&P is up 23% YTD is – drumroll – a $4 trillion surge in the global money supply as shown in the chart below.

Finally, for those – who like the IMF – say central banks are tapped out, a recent report from Nomura shows that whereas some central banks – such as the ECB and BOJ – have already tried everything, there are those like the Fed and the PBOC which still have some ammo left…

… which means that the can will be kicked at least a little bit longer before central banks use up all their available means to extend and pretend, and the market finally collapses.


Tyler Durden

Mon, 11/04/2019 – 13:30

via ZeroHedge News https://ift.tt/2PMG4lY Tyler Durden

“It’s OK to Be White” Flyers Lead to Promise of “Severest Disciplinary Action” by Western Conn. State U.

Hartford Courant (Zach Murdock) reported on this Friday:

Police and federal agents are investigating “hate-filled flyers and inscriptions” left around Western Connecticut State University’s campus Thursday night in Danbury.

It was not clear whether a student or “outside agitators” were responsible, but university President John Clark strongly condemned the materials and vowed to enforce the “severest disciplinary actions” regardless of whether students or someone off-campus made the flyers….

University officials immediately reported the flyers to Danbury and state police and referred the messages to the FBI office in New Haven, all of whom were investigating who made the flyers on Friday, [a university spokesman] said.

“I want to state directly and without equivocation that if any member of our university community is found to be party to these revolting actions they will be subject to the severest disciplinary actions, including dismissal as well as possible civil and criminal actions,” Clark said.

But the flyers consisted solely of the messages “It’s OK to be white” and “Islam is right about women.” (I confirmed this with a spokesman for WCSU.) Such messages are of course fully protected by the First Amendment.

It’s not clear whether the “Islam is right about women” message is meant (or will likely be understood) literally, as support for certain kinds of discrimination against women; facetiously, as a dig against Islam; or as a means of pointing out a perceived inconsistency among some people who both condemn sexism and supposed “Islamophobia.” But any of those messages is constitutionally protected.

The university spokesman also mentioned to me that an “alt-right flag” (seemingly the so-called Kekistan flag) was “posted on a classroom building window along with some of the flyers.”

(This was not mentioned in the Hartford Courant story.) Offensive flags, of course, are constitutionally protected just as are offensive words. Indeed, the very first case in which the Supreme Court struck down government action on freedom of expression grounds, Stromberg v. California (1931), involved a flag (there, a Communist flag).

I should note that, if the school has content-neutral rules forbidding posting any material in classroom building windows, leaving flyers on university property, or posting them in places other than designated bulletin boards, those neutral rules could be enforced in this situation, if they are evenhandedly enforced against others who violate the rules, regardless of viewpoint.

But I very much doubt that violating any such rules normally leads to expulsion, criminal prosecution, or even police investigation. And it seems quite clear from the University’s statement that the objection isn’t to littering or posting that violates such rules, but precisely to the message that the material expresses.

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