Classes Canceled as Lawmakers Cut Boise State Budget Over Diversity Course Kerfuffle


BoiseState_1161x653

Boise State University canceled 55 classes of diversity-themed ethics courses in March all because of a single complaint that a white student was “mistreated and demeaned” in class. A subsequent independent investigation found no evidence that such an incident ever happened.

At the same time this complaint was filed, though, lawmakers were proposing cutting more than $400,000 from the university’s budget. This budget cut was put forth by Republican lawmakers upset by social justice and critical race theory they believe is taught there. The timing of the anonymous complaint and the drastic action taken by the university, coupled with the lawmakers’ attack on college funding, looks a lot like culture war political combat pitting conservative politicians against progressive academics.

The Foundation for Individual Rights in Education (FIRE) has closely followed the case, concerned that pressure from politicians may be playing a role in what’s acceptable to teach in college and what’s forbidden.

On March 15, an unnamed community leader filed a complaint with the school claiming he had seen a video of a white student in a class being forced to apologize for being white and being taunted by other students for having white privilege. The person who filed the complaint could not direct investigators to this video, nor did they possess a copy of it. Nevertheless, without any proof that this incident happened, the very next day after receiving the complaint, the school canceled all 55 sections of a mandatory course titled University Foundations 200. Nearly 1,300 students were enrolled in the course. Marlene Tromp, the university’s president, told the Idaho Statesman that canceling the classes was a necessary part of investigating the charges. Interim Provost Tony Roark compared it to tracking down a gas leak, saying you had to “evacuate the building” to see if the leak was real.

But Hawley Troxell, the law firm hired by the university, subsequently reported that they “were unable to substantiate the instance of a student being mistreated in a UF 200 course as described by the Complainant.”

They were able to track down one incident that had taken place a week before that might have been mischaracterized: a student in a debate with an instructor over structural inequality and capitalism got upset and called the instructor’s logic “stupid.” A couple of classmates criticized her behavior, and the instructor actually spoke up to defend her. She ended up leaving the Zoom class in tears, but the instructor checked in with her afterward to make sure she was OK. When Hawley Troxell contacted her, she said that the instructor had not treated her disrespectfully. They also found there was no reference to white privilege and no racial taunting.

So Boise State University leaders threw students’ class schedules into disarray all over a single complaint that submitted with no evidence. Aaron Terr at FIRE expresses concern that this response is not based on actual fears that students are being harmed but by fears of political retaliation:

Boise State’s actions look less like a good-faith effort to prevent harassment or discrimination and more like an attempt to appease lawmakers, frustrated by their perception of what was being taught and discussed on campus, on the eve of an upcoming vote that would slash the university’s budget. Additionally, Boise State’s president claims lawmakers had been complaining to her about the UF 200 courses for months. … It seems much more likely that those complaints were about the subject matter of the courses or the “indoctrination” of students, another claim for which Hawley Troxell’s investigation found no evidence.

The college was not rewarded for capitulating to lawmakers. Instead, lawmakers in early May cut a total of $1.5 million from the university’s budget, some of whom have made it abundantly clear that their attack on the college’s funding is connected to Boise State University promoting ideas the lawmakers don’t like. Sen. Carl Crabtree (R–Grangeville) was quoted by the Idaho Statesman saying the cuts would “send a message” to university officials that teaching these subjects would lead to punishment.

In April, between the point that the complaint against Boise State University was filed and the investigation concluded, Idaho lawmakers introduced and passed H.B. 377, which states that “critical race theory” inflames division on the basis of sex, race, ethnicity, religion, color, and nationality. It orders that no public education institution can compel students to affirm or adopt any belief:

  • That any sex, race, ethnicity, religion, color, or national origin is inherently superior or inferior;
  • That individuals should be adversely treated on the basis of their sex, race, ethnicity, religion, color, or national origin; or
  • That individuals, by virtue of sex, race, ethnicity, religion, color, or national origin, are inherently responsible for actions committed in the past by other members of the same sex, race, ethnicity, religion, color, or national origin.

Republican Gov. Brad Little quickly signed this bill into law. The report from Hawley Troxell observes that, had H.B. 377 been in effect when this incident happened, there would have been no violations of its orders.

Even if an incident had happened, it should be unacceptable for lawmakers to use the budget process to punish—or reward—colleges for which ideas are discussed in class at a public university.

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Classes Canceled as Lawmakers Cut Boise State Budget Over Diversity Course Kerfuffle


BoiseState_1161x653

Boise State University canceled 55 classes of diversity-themed ethics courses in March all because of a single complaint that a white student was “mistreated and demeaned” in class. A subsequent independent investigation found no evidence that such an incident ever happened.

At the same time this complaint was filed, though, lawmakers were proposing cutting more than $400,000 from the university’s budget. This budget cut was put forth by Republican lawmakers upset by social justice and critical race theory they believe is taught there. The timing of the anonymous complaint and the drastic action taken by the university, coupled with the lawmakers’ attack on college funding, looks a lot like culture war political combat pitting conservative politicians against progressive academics.

The Foundation for Individual Rights in Education (FIRE) has closely followed the case, concerned that pressure from politicians may be playing a role in what’s acceptable to teach in college and what’s forbidden.

On March 15, an unnamed community leader filed a complaint with the school claiming he had seen a video of a white student in a class being forced to apologize for being white and being taunted by other students for having white privilege. The person who filed the complaint could not direct investigators to this video, nor did they possess a copy of it. Nevertheless, without any proof that this incident happened, the very next day after receiving the complaint, the school canceled all 55 sections of a mandatory course titled University Foundations 200. Nearly 1,300 students were enrolled in the course. Marlene Tromp, the university’s president, told the Idaho Statesman that canceling the classes was a necessary part of investigating the charges. Interim Provost Tony Roark compared it to tracking down a gas leak, saying you had to “evacuate the building” to see if the leak was real.

But Hawley Troxell, the law firm hired by the university, subsequently reported that they “were unable to substantiate the instance of a student being mistreated in a UF 200 course as described by the Complainant.”

They were able to track down one incident that had taken place a week before that might have been mischaracterized: a student in a debate with an instructor over structural inequality and capitalism got upset and called the instructor’s logic “stupid.” A couple of classmates criticized her behavior, and the instructor actually spoke up to defend her. She ended up leaving the Zoom class in tears, but the instructor checked in with her afterward to make sure she was OK. When Hawley Troxell contacted her, she said that the instructor had not treated her disrespectfully. They also found there was no reference to white privilege and no racial taunting.

So Boise State University leaders threw students’ class schedules into disarray all over a single complaint that submitted with no evidence. Aaron Terr at FIRE expresses concern that this response is not based on actual fears that students are being harmed but by fears of political retaliation:

Boise State’s actions look less like a good-faith effort to prevent harassment or discrimination and more like an attempt to appease lawmakers, frustrated by their perception of what was being taught and discussed on campus, on the eve of an upcoming vote that would slash the university’s budget. Additionally, Boise State’s president claims lawmakers had been complaining to her about the UF 200 courses for months. … It seems much more likely that those complaints were about the subject matter of the courses or the “indoctrination” of students, another claim for which Hawley Troxell’s investigation found no evidence.

The college was not rewarded for capitulating to lawmakers. Instead, lawmakers in early May cut a total of $1.5 million from the university’s budget, some of whom have made it abundantly clear that their attack on the college’s funding is connected to Boise State University promoting ideas the lawmakers don’t like. Sen. Carl Crabtree (R–Grangeville) was quoted by the Idaho Statesman saying the cuts would “send a message” to university officials that teaching these subjects would lead to punishment.

In April, between the point that the complaint against Boise State University was filed and the investigation concluded, Idaho lawmakers introduced and passed H.B. 377, which states that “critical race theory” inflames division on the basis of sex, race, ethnicity, religion, color, and nationality. It orders that no public education institution can compel students to affirm or adopt any belief:

  • That any sex, race, ethnicity, religion, color, or national origin is inherently superior or inferior;
  • That individuals should be adversely treated on the basis of their sex, race, ethnicity, religion, color, or national origin; or
  • That individuals, by virtue of sex, race, ethnicity, religion, color, or national origin, are inherently responsible for actions committed in the past by other members of the same sex, race, ethnicity, religion, color, or national origin.

Republican Gov. Brad Little quickly signed this bill into law. The report from Hawley Troxell observes that, had H.B. 377 been in effect when this incident happened, there would have been no violations of its orders.

Even if an incident had happened, it should be unacceptable for lawmakers to use the budget process to punish—or reward—colleges for which ideas are discussed in class at a public university.

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The Ghost Of Arthur Burns – What If It’s Not “Transitory”?

The Ghost Of Arthur Burns – What If It’s Not “Transitory”?

Authored by Stephen Roach via Project-Syndicate,

The US Federal Reserve is insisting that recent increases in the price of food, construction materials, used cars, personal health products, gasoline, and appliances reflect transitory factors that will quickly fade with post-pandemic normalization. But what if they are a harbinger, not a “noisy” deviation?

Memories can be tricky. I have long been haunted by the inflation of the 1970s. Fifty years ago, when I had just started my career as a professional economist at the Federal Reserve, I was witness to the birth of the Great Inflation as a Fed insider. That left me with the recurring nightmares of a financial post-traumatic stress disorder. The bad dreams are back.

They center on the Fed’s legendary chairman at the time, Arthur F. Burns, who brought a unique perspective to the US central bank as an expert on the business cycle. In 1946, he co-authored the definitive treatise on the seemingly rhythmic ups and downs of the US economy back to the mid-nineteenth century. Working for him was intimidating, especially for someone in my position. I had been tasked with formal weekly briefings on the very subjects Burns knew best. He used that knowledge to poke holes in staff presentations. I found quickly that you couldn’t tell him anything.

Yet Burns, who ruled the Fed with an iron fist, lacked an analytical framework to assess the interplay between the real economy and inflation, and how that relationship was connected to monetary policy. As a data junkie, he was prone to segment the problems he faced as a policymaker, especially the emergence of what would soon become the Great Inflation. Like business cycles, he believed price trends were heavily influenced by idiosyncratic, or exogenous, factors – “noise” that had nothing to do with monetary policy.

This was a blunder of epic proportions. When US oil prices quadrupled following the OPEC oil embargo in the aftermath of the 1973 Yom Kippur War, Burns argued that, since this had nothing to do with monetary policy, the Fed should exclude oil and energy-related products (such as home heating oil and electricity) from the consumer price index. The staff protested, arguing that it made no sense to ignore such important items, especially because they had a weight of over 11% in the CPI. Burns was adamant: If we on the staff wouldn’t perform the calculation, he would have it done by “someone in New York” – an allusion to his prior affiliations at Columbia University and the National Bureau of Economic Research.

Then came surging food prices, which Burns surmised in 1973 were traceable to unusual weather – specifically, an El Niño event that had decimated Peruvian anchovies in 1972. He insisted that this was the source of rising fertilizer and feedstock prices, in turn driving up beef, poultry, and pork prices. Like good soldiers, we gulped and followed his order to take food – which had a weight of 25% – out of the CPI.

We didn’t know it at the time, but we had just created the first version of what is now fondly known as the core inflation rate – that purified portion of the CPI that purportedly is free of the volatile “special factors” of food and energy, where gyrations were traceable to distant wars and weather. Burns was pleased. Monetary policy needed to focus on more stable underlying inflation trends, he argued, and we had provided him with the perfect tool to sharpen his focus.

It was a fair point – to a point; unfortunately, Burns didn’t stop there. Over the next few years, he periodically uncovered similar idiosyncratic developments affecting the prices of mobile homes, used cars, children’s toys, even women’s jewelry (gold mania, he dubbed it); he also raised questions about homeownership costs, which accounted for another 16% of the CPI. Take them all out, he insisted!

By the time Burns was done, only about 35% of the CPI was left – and it was rising at a double-digit rate! Only at that point, in 1975, did Burns concede – far too late – that the United States had an inflation problem. The painful lesson: ignore so-called transitory factors at great peril.

Fast-forward to today. Evoking an eerie sense of déjà vu, the Fed is insisting that recent increases in the prices of food, construction materials, used cars, personal health products, gasoline, car rentals, and appliances reflect transitory factors that will quickly fade with post-pandemic normalization. Scattered labor shortages and surging home prices are supposedly also transitory. Sound familiar?

There are many more lessons from the 1970s that shed light on today’s cavalier dismissal of inflation risk. When the Fed finally tried to tackle the Great Inflation, it fixated on unit labor costs – rising wages accompanied by sagging productivity. While there are always good reasons to worry about productivity, wages appear to be largely in check; unionized labor, which, in the 1970s had sparked a vicious wage-price spiral through cost-of-living indexation, has been neutralized by global competition. But that doesn’t rule out a very different form of global cost-push inflation – namely, the confluence of supply-chain congestion (think semiconductors) and protectionist clamoring to reshore production.

But the biggest parallel may be another policy blunder. The Fed poured fuel on the Great Inflation by allowing real interest rates to plunge into negative territory in the 1970s. Today, the federal funds rate is currently more than 2.5 percentage points below the inflation rate. Now, add open-ended quantitative easing – some $120 billion per month injected into frothy financial markets – and the largest fiscal stimulus in post-World War II history. All of this is occurring precisely when a post-pandemic boom is absorbing slack capacity at an unprecedented rate. This policy gambit is in a league of its own.

For my money, today’s Fed waxes far too confidently about well-anchored inflation expectations. It also preaches the new gospel of “average inflation targeting,” convinced that it can condone above-target inflation for an unspecified period to compensate for years of coming in below target. My students would love to throw out their worst grade(s) as well!

No, this isn’t the 1970s, but there are haunting similarities that bear watching. Timothy Leary, one of the more memorable gurus of the Age of Aquarius, purportedly said, “If you remember the 1960s, you weren’t there.” That doesn’t apply to the 1970s. Sleepless nights and vivid flashbacks, complete with visions of a pipe-smoking Burns – it’s almost like being there again, but without the great music.

Tyler Durden
Wed, 05/26/2021 – 14:05

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IAEA Chief Warns Iran Has Already Reached Nuclear Weapons Capable Enrichment

IAEA Chief Warns Iran Has Already Reached Nuclear Weapons Capable Enrichment

Amid the fifth and what’s expected to be the final round of Iran nuclear talks in Vienna, the director-general of the International Atomic Energy Agency (IAEA) has voiced that time is running out on reaching an agreement given the Islamic Republic has already reached bomb-building capability in terms of enriched uranium purity levels. 

IAEA chief Rafael Grossi told Financial Times that Iran has reached uranium purity levels that “only countries making bombs are reaching” after routinely ramping up enrichment since Trump pulled out of the Obama-era JCPOA back in May 2018.

IAEA Director-General Rafael Grossi

Calling the current situation “very concerning” (and especially if a deal is not ultimately reached in Vienna), he explained to FT:

“A country enriching at 60 per cent is a very serious thing — only countries making bombs are reaching this level,” said Grossi. “Sixty per cent is almost weapons grade, commercial enrichment is 2, 3 [per cent].”

Grossi still defended Iran’s “sovereign right” to do so. Tehran has always justified its program as only for domestic energy consumption needs, while its Ayatollahs over the years going back to the 1980’s have consistently condemned nuclear weapons as ‘unIslamic’. 

“We don’t seem to find much need for that at the current level of industrial, medical activity in Iran, but this is for a country to decide,” he said.

Just ahead of this week’s round of talks in which draft documents of an agreement are expected to be hashed out and finalized, Tehran and the UN nuclear watchdog IAEA reached a last minute understanding to extend a technical agreement which allows inspectors access to surveillance images of nuclear sites after just before the weekend Iran ended the program. This vital access which allows for continued close monitoring was extended for up to another month, which all parties hope is long enough to see a deal through. 

Meanwhile, there’s little doubt that IAEA chief Grossi’s words will be received with most worry and alarm in Tel Aviv after on Tuesday Israeli PM Benjamin Netanyahu said while standing at a press conference beside US Secretary of State Antony Blinken: “I can tell you that I hope that the United States will not go back to the old JCPOA because we believe that that deal paves the way for Iran to have an arsenal of nuclear weapons with international legitimacy,” the PM said.

“We also reiterated that whatever happens, Israel will always reserve the right to defend itself against a regime committed to our destruction, committed to getting the weapons of mass destruction for that end,” the Israeli prime minister added, introducing a bit of awkwardness at the meeting given Blinken responded by reiterating US support for reaching a deal with Iran.

Tyler Durden
Wed, 05/26/2021 – 13:45

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‘No Basis’ For Obstruction Charges Against Trump In Mueller Report, Newly Released OLC Memo Confirms

‘No Basis’ For Obstruction Charges Against Trump In Mueller Report, Newly Released OLC Memo Confirms

Authored by Jonathan Turley,

The long-awaited, though partial, release of a memorandum from the Justice Department this week left many “frustrated,” as predicted by the Washington Post, in Washington. The reason is what it did not contain.  Critics had sought the memo as the “smoking gun” to show how former Attorney General Bill Barr scuttled any obstruction charges against Donald Trump.

Instead, the memo showed the opposite.

The staff of the OLC actually found that the allegations did not meet the standard of obstruction even without any defenses or privileges related to Trump’s office.

The issue of obstruction of justice ran throughout Barr’s second term as Attorney General. Before his confirmation hearing, a memo was released that Barr wrote to Deputy Attorney General Rod Rosenstein on a potentially serious flaw in the use of the most likely federal provision on obstruction of justice against Trump. Barr was hammered by Democratic senators on his view of obstruction, as was I when I testified the next day as a witness. I agreed with many of the flaws noted by Barr in the memo.

Barr’s more nuanced arguments were drowned out by a long litany of experts like Harvard Professor Laurence Tribe who publicly insisted that obstruction was not only clearly established (with a long litany of other crimes) but that Barr’s rejection of that crime was evidence of his raw partisanship. In a public letter to me, Ralph Nader, Lou Fisher, and Bruce Fein stated that his rejection of obstruction was akin to “a papal encyclical that President Trump was innocent of obstruction of justice” that ignored Mueller’s “chronicle [of] multiple instances of evidence of obstruction.”

Throughout this never-ending barrage, Barr remained largely silent on the internal review of the matter and declined to release the full OLC memo. That only increased speculation that Barr must be hiding countervailing conclusions of legal staff. We know now that (at least the now disclosed portion of) the memo supports Barr’s prior view and, despite that fact, he withheld the information out of concern for the confidentiality of the internal deliberations.

It turns out that the review and debate over the obstruction allegations began before Barr started as Attorney General. The memo also confirms that the Mueller staff was part of that analysis with career prosecutors at Main Justice. The memo states that the prosecutors reviewed the Mueller evidence and concluded that the evidence “examined by the Special Counsel could not, as a matter of law, support an obstruction charge under the circumstances. Accordingly, were there no constitutional barrier, we would recommend, under the Principles of Federal Prosecution, that you decline to commence such a prosecution.” In plain English, that means that the prosecutors came to the same conclusion as Barr that the alleged conduct did not satisfy the elements of this crime. Moreover, it stated that it would recommend against such a charge even without consideration of any constitutional barriers presented by Trump’s office.

The new information was released after Judge Amy Berman Jackson issued a scathing criticism of the Justice Department, including arguments and representations advanced by the Biden Justice Department. The Justice Department apologized for a lack of clarity on some points but said it would appeal order to release of the entire OLC memo.

Jackson however lashed out at Barr. In issuing his controversial summary of the report, Jackson said Barr suggested that he had little time to review the whole Mueller report when “[t]he fact that he would not be prosecuted was a given.”

Jackson seems to ignore the obvious to justify the most sensational takes on these facts.  She declares: “So why did the attorney general’s advisers, at his request, create a memorandum that evaluated the prosecutorial merits of the facts amassed by the special counsel? Lifting the curtain reveals the answer to that too: getting a jump on public relations.”

The answer would seem obvious. Since his nomination, the issue of obstruction had been used to fuel allegations of partisanship and manipulation of the process. With the release of the report, it was likely to be focus of questions from Congress and the public. While the review of this question (according to the memo) began before Barr’s arrival, he wanted a clear and dispositive record of how this decision was made – and who made it. That certainly does anticipate public questions but it was also a responsible thing to do. He asked the OLC to render a formal opinion on the issue – just as the Obama Administration did in such important and public controversies.  Barr was creating a record of the conclusions of staff counsel on an issue of great national importance.  I still do not see why such a request is untoward or unusual.

Clearly there is more to this memo so we might find something truly incriminating or embarrassing, but the record of the OLC review is not one of them. Indeed, if Barr had not requested such a letter, the same pundits would now be questioning what was concluded and whether Barr imposed his own previously stated view in the matter. The letter created a record of how the conclusion was reached and who reached that conclusion.

The controversy of Barr’s summary largely focused on a couple lines where he said that the underlying facts from by Mueller would not satisfy the elements of the crime of obstruction. It turns out that staff had made that conclusion as did some of us from existing and controlling case law. Moreover, Barr stated that the reason for the delay in the release was the removal of any grand jury material as required by federal law.

The released portions does not contradict Barr’s claim that he could not simply release a two-volume, 450-page report. One can fairly criticize aspects of that summary but the delay of the release of the report (and need for a summary) falls more squarely on Mueller. Past hearings established that Barr and Rosenstein told Mueller that they wanted his staff to flag grand jury material because Barr wanted to release the redacted report rather than a summary.  Mueller appears to have simply ignored that instruction from his superiors. As a result, a full review had to be performed with Mueller’s staff to remove grand jury material, which is mandatory under federal rules.  If Mueller had flagged and redacted the grand jury material, the redacted report could have been released without much delay as Barr preferred.

The memo also undermines the claims raised in the first impeachment of Donald Trump. I testified in that hearing and disagreed with my three co-witnesses (Professors Michael Gerhardt, Pamela Karlan, and Noah Feldman) who insisted that Trump had committed obstruction of justice. They were not alone. Democrats and the media paraded a letter from over 450 prosecutors who declared unequivocally that:

“Each of us believes that the conduct of President Trump described in Special Counsel Robert Mueller’s report would, in the case of any other person not covered by the Office of Legal Counsel policy against indicting a sitting President, result in multiple felony charges for obstruction of justice.” 

The actual prosecutors at Main Justice found that not only would the allegations not meet the standard for obstruction of justice but that it would still be the case even if Trump was not the President of the United States.  The contrast shows the danger of such gotcha letters. With thousands of professors and prosecutors, it is not particularly difficult to get hundreds of signatories to support one side or another in a controversy. The Justice Department does not prosecute by plebiscite and this is why.

The day before he was effectively fired by Trump, I had lunch with Barr as we have done for many years. He was again being publicly savaged by the President over his refusal to support his electoral fraud claims and take steps against figures like Hunter Biden. Yet, he is still unlikely to be recognized for what he did for the Department during one of its most difficult periods. However, history will likely be kinder to Barr than his critics. As stated in King Lear, Barr remained from the beginning to the end “a man more sinned against than sinning.”

Tyler Durden
Wed, 05/26/2021 – 13:24

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It Reeks Of Deflation After Second Stellar Treasury Auction In A Row

It Reeks Of Deflation After Second Stellar Treasury Auction In A Row

After yesterday’s blockbuster 2Y auction which pushed bond yields sharply lower and which we said was an indication that the inflationary storm has passed with bond traders no longer expecting any rate hikes for the foreseeable future, moments ago the stench of deflation was positively rancid after today’s $61BN 5-Year auction was just as almost as solid as Tuesday’s auction.

Printing at a high yield of 0.788%, the 2Y auction stopped 5.5bps below April’s auction and also stopped through the When Issued 0.794% by 0.6bps, the first stop through for the tenor since Jan 2021.

Meanwhile, and like yesterday, the Bid to Cover jumped, rising from 2.31 last month to 2.49 today, the highest since Sept 2020 and obviously well above the six-auction average of 2.34.

The internals were also stellar with Indirects taking down a whopping 64.4%, the highest foreign award since August 2020 and far above the 57.9% recent average. And with Directs taking down a lower than average 14.9%, Dealers were left holding 20.8% of the auction, the lowest since August.

Overall, a stellar bond auction, and one which together with yesterday’s 2Y auction suggests that demand for tomorrow’s 7Y issuance will be vastly greater compared to the dismal 7Y bond sale in late February when the bellybuster auction was nearly a flop and sparked a major bond and stock market selloff.

Tyler Durden
Wed, 05/26/2021 – 13:16

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Tesla Ditches Radar, Says Its Cars Will Now Use Camera-Based System For Autopilot

Tesla Ditches Radar, Says Its Cars Will Now Use Camera-Based System For Autopilot

The damage control – literally and figuratively – continues at Tesla.

The company has now said it is going to do away with a radar sensor in favor of using a “camera-focused Autopilot system,” Reuters reported on Wednesday. The change is going to apply to both Model 3 and Model Y vehicles in North America, starting this month.

The move comes as scrutiny of both “Autopilot” and “Full Self Driving” – two features that clearly don’t live up to their name the way they are labeled – has intensified. Additionally, as CNBC noted, “radar sensors are relatively expensive” and this could be yet another cost for Tesla to try and cut. 

“Pure vision Autopilot is now rolling out in North America,” Tesla CEO Elon Musk said on Twitter, referring to the change. Recall, Tesla had to quickly shelve its last Full Self Driving beta after numerous humiliating videos surfaced of the software having repeated issues and quickly went viral. 

The Full Self Driving beta v8.2 was thrashed by critics like Road and Track who called it “laughably bad” and “potentially dangerous”.

“If you think we’re anywhere near fully autonomous cars, this video might convince you otherwise,” Road and Track wrote about Tesla’s Full Self Driving feature. The article referred to the feature as “morally dubious, technologically limited, and potentially dangerous”. 

Tesla says some features could be disabled during the transition, according to Bloomberg. Musk had referred to radar sensors as “crutches” during the company’s latest earnings call, the report notes. 

Tesla’s blog on its website said:

We are continuing the transition to Tesla Vision, our camera-based Autopilot system. Beginning with deliveries in May 2021, Model 3 and Model Y vehicles built for the North American market will no longer be equipped with radar. Instead, these will be the first Tesla vehicles to rely on camera vision and neural net processing to deliver Autopilot, Full-Self Driving and certain active safety features. Customers who ordered before May 2021 and are matched to a car with Tesla Vision will be notified of the change through their Tesla Accounts prior to delivery.

For a short period during this transition, cars with Tesla Vision may be delivered with some features temporarily limited or inactive, including:

  • Autosteer will be limited to a maximum speed of 75 mph and a longer minimum following distance.
  • Smart Summon (if equipped) and Emergency Lane Departure Avoidance may be disabled at delivery.

In the weeks ahead, we’ll start restoring these features via a series of over-the-air software updates. All other available Autopilot and Full Self-Driving features will be active at delivery, depending on order configuration.

Recall, earlier today we noted that Waymo had committed to stop using the term “self-driving” due to safety concerns. 

The company said it was doing this “so as not to give drivers a false sense of security in the technology,” according to Chief Safety Officer Mauricio Pena, who wrote an op-ed for CNBC this week.

“At Waymo, where I’m Chief Safety Officer, ensuring that the public has an accurate perception of the technology is a top priority. We’re confident that autonomous driving technology has the potential to save lives—as demonstrated by study after study. But we also know that many people don’t fully understand how ADVs work, and that people fear what they don’t understand,” he wrote.

The op-ed continues:

“Several years ago, we launched a public education campaign aimed at demystifying the technology for the general public, because we’ve seen that the more people learn about it, the more eager they’ll be to embrace it. Through that work, we have witnessed how language shapes people’s perception, and how the words we use to describe technology will ultimately influence how people engage with and use it.”

And finally explains Waymo’s reasoning for replacing the term with “autonomous driving”:

“That’s true of working in any nascent industry, because you’re not just creating the foundational technology that future generations will build on, but you’re also introducing it to people for the first time. That is just as true for building ADVs here at Waymo as it was for me when I worked on innovative rocket launches and commercial space travel.

And it’s a big reason why we decided to drop the term “self-driving” from our lexicon earlier this year, and instead started using the term “autonomous driving,” exclusively. It’s not just a branding exercise, and it’s not just a hypothetical—it’s about limiting confusion to improve safety outcomes.”

“If someone is overly confident in a technology because they misinterpret the words used to describe it, they could unknowingly take risks that jeopardize their own safety and the safety of the people and cars around them,” the op-ed concludes.

Tyler Durden
Wed, 05/26/2021 – 13:07

via ZeroHedge News https://ift.tt/3wFuBGZ Tyler Durden

D.C.’s Attorney General Is Suing Amazon To Force It To Feature Worse Deals


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In the name of providing consumers access to lower prices, District of Columbia Attorney General Karl A. Racine has launched an antitrust lawsuit aimed at Amazon. Strangely, if Racine’s lawsuit were to succeed, the result would be that Amazon would show consumers…higher prices. 

Racine’s suit alleges that Amazon is engaging in anticompetitive behavior by barring third-party sellers from selling at lower prices on their own websites through a policy that amounts to a “most-favored nation” clause in the third-party seller agreement, leading to higher prices on other sites.

These sorts of clauses are a favorite target for modern antitrust hawks, and there’s a lengthy section about Amazon’s use of these sorts of policies in the giant House Antitrust Report released by Democrats on the Antitrust Subcommittee last fall. That report was a 400-page compendium of complaints about seemingly every minor business practice by a large tech company. Yet even that report, with its maximalist view of antitrust regulation, notes that such clauses are “not inherently anticompetitive”—before, of course, alleging that Amazon’s use of them is.  

It’s true that Amazon used to explicitly bar sellers from charging lower prices elsewhere, but that policy ended in 2019 and was replaced with a less strict agreement known as the “Fair Pricing Policy.” 

The Fair Pricing Policy allows sellers to set their own prices, but it also allows Amazon to respond by removing the seller’s listing from the Buy Box. The Buy Box is the main price you see on an item’s sale page, so it’s the one that most consumers pick, even when there are multiple sellers selling the same item. In many cases, it shows the lowest price for the item. Obviously, sellers work hard to get their listings into the Buy Box and adjust their pricing accordingly. But it’s also true that you can click through to see other listings at other prices. 

Vendors who sell through other outlets have objected to this arrangement, however, with one telling Wired that after putting up items for sale on non-Amazon sites at lower prices, they found their products were in some cases no longer in the Buy Box. “You could still buy the product,” he explained, “but it was an extra click.” 

In some ways, that’s the crux of the issue: a single extra click. That the attorney general for the District of Columbia has launched a major suit over that extra click shows how nitpicky a lot of modern antitrust activism is. Page through last fall’s House antitrust report, and it quickly becomes clear that a faction of big tech-skeptical activists and policymakers on the left has decided that just about every modern business practice in the tech economy, no matter how minor or perfunctory, is an antitrust violation, and needs to be regulated, managed, or outlawed by federal overseers. 

And, of course, a lot of that regulation would end up being counterproductive, potentially harming consumers rather than helping them. Sen. Elizabeth Warren’s (D–Mass.) push to prohibit companies like Amazon from offering house-brand products, for example, would result in the elimination of a bunch of inexpensive, high-quality brands and subbrands for everything from HDMI cables to couches. In service of protecting consumers, Warren’s antitrust crusade would end up making consumers worse off.  

The D.C. A.G.’s suit could produce a similar effect. As an Amazon rep tells Recode, “The relief the AG seeks would force Amazon to feature higher prices to customers, oddly going against core objectives of antitrust law.” The Buy Box is built to show Amazon customers the site’s most appealing deals. It’s a consumer-focused product. Upending that system, as this suit aims to do, would result in customers seeing higher prices and worse deals on the site. 

The new suit against Amazon is typical of so many of today’s antitrust pushes in that it’s both nitpicky and counterproductive. But it’s also a portent of things to come. As Elizabeth Nolan Brown reports in the cover story for the latest issue of Reason, the new antitrust crusaders on both the left and the right are determined to use—or abuse—antitrust law to pursue a wide array of preexisting political agendas. And there’s a large contingent of policymakers and politicians who don’t seems to care if consumers are harmed in what is supposedly a battle to protect consumers.

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See the FBI Dig Through an Innocent Woman’s Safe Deposit Box


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Box 8309 was just one of the hundreds of safe deposit boxes that ended up in the government’s possession when federal agents raided a private vault in Beverly Hills, California, on March 22.

Federal agents took those boxes, as Reason previously reported, even though they did not have a warrant for them or their contents. The business that housed them, U.S. Private Vaults, is suspected of conspiracy to distribute drugs, launder money, and avoid mandatory deposit reporting requirements. But the unsealed warrant authorizing the raid of U.S. Private Vaults granted the FBI permission to seize only the business’s computers, money counters, security cameras, and large steel frames that effectively act as bookshelves for the boxes themselves. Per FBI rules, however, the boxes could not be left unsecured in the vault after the raid had been completed, so agents had to take them into custody too.

In the days following the raid, federal agents were tasked with identifying the boxes’ innocent owners so their valuables could be returned. This should have been a relatively straightforward process. It was not.

More than two months after the raid, Box 8309 (and its contents) is one of hundreds of safe deposit boxes that remain in FBI custody even though the owners have been charged with no crimes. The box is now at the center of a lawsuit filed last month in U.S. District Court.

But the story of what happened to Box 8309 after it entered FBI custody—a story told via screenshots from a video now entered as evidence in that lawsuit—should infuriate anyone who believes in constitutional limits on law enforcement. The screenshots, some of which are presented below after being obtained by Reason (see the rest here), show what attorneys representing Box 8309 and its owner say is an “illegal search” falling outside what was authorized by the warrant against U.S. Private Vaults.

There are a few things to keep in mind before we begin. First and foremost is the fact that the FBI’s warrant for U.S. Private Vaults explicitly said it “does not authorize a criminal search or seizure of the contents of the safe-deposit boxes.” Second, recall that the FBI did have a good reason for opening Box 8309 and the rest, as agents needed to find a way to identify the owners. The question, then, is whether federal agents went beyond what was necessary to identify the box’s owner—and in the case of Box 8309, it certainly appears that they did.

In the first screenshot, an FBI agent tasked with identifying Box 8309’s owner can be seen removing the box from the “nest” to open it. Notice the paper taped to the lid of the box, which will become significant in a moment.

Next, the agent opens the letter taped to the top of the box, which contains all the necessary information to identify the box’s owner—identified in legal filings as “Linda R.,” an 80-year-old woman who had stored a significant portion of her retirement savings in Box 8309. That, too, will be significant later on.

The documents taped to the lid of the box even include a copy of Linda R’s driver’s license. There can no longer be any doubt about the owner of the contents of Box 8309.

Still, the agent decides to pop open the lid and take a look inside…

…and to tear open sealed envelopes found inside Box 8309.

Again, keep in mind that the warrant that allowed the FBI to seize these boxes explicitly forbade federal agents from searching or seizing the contents of the safe deposit boxes stored at U.S. Private Vaults.

The agent keeps digging anyway, eventually tearing open a heavy-duty envelope that contains an unknown number of what appear to be gold coins.

As the ransacking of Box 8309 continues, the video appears to show at least one of Linda’s coins falling to the ground. According to an amended complaint filed last week, the search of the box “was conducted in such a shambolic and disorganized manner that it is no surprise that items were misplaced, lost, or worse.”

The agents continue digging through the box, opening sealed envelopes…

…and photographing their contents…

…and uncovering more stashes of valuable coins.

At some points, it’s not clear what they are doing because they are out of the frame of the video.

When it was all finished, the FBI’s official documentation detailing the contents of Linda’s box makes note only of “miscellaneous coins” without any specific amounts or other identification of the coins. In the lawsuit, Linda’s attorneys argue that the FBI’s search of Box 8309 resulted in up to $75,000 of valuable coins being misplaced—though it is difficult to know for sure due to what Linda’s attorneys call “the chaotic and slapdash manner” in which the box was examined.

In separate legal filings, attorneys representing Linda and others caught up in the raid of U.S. Private Vaults argue that the FBI rifled through hundreds of safe deposit boxes so they could “use any information gleaned in the claims process in order to conduct criminal investigations.”

Recent developments seem to suggest that’s true, as the Department of Justice has filed forfeiture motions against more than 400 of the safe deposit boxes it seized from U.S. Private Vaults. In some cases, hundreds of thousands of dollars are being seized by the government despite no criminal charges being filed against the owners of the boxes. And, again, this is happening after the warrant for the raid at U.S. Private Vaults explicitly exempted the contents of the safe deposit boxes stored there.

In their own court filings, prosecutors allege that only “some” of the company’s customers were “honest citizens,” but contend that “the majority of the box-holders are criminals who used USPV’s anonymity to hide their ill-gotten wealth.”

But Box 8309 is not one of the boxes that the feds are now seeking to seize via the extremely circumspect forfeiture process. They’re not alleging that the box’s owner is suspected of committing a crime or that her gold coins are somehow evidence of ill-gotten wealth.

According to legal filings, attorneys representing Linda R. acknowledge that the government has promised to return her money.

But, they note, “it has refused to say how much it took, how much it will return, or exactly how long that will take. The government’s apparent inability to locate and return the coins it seized from Dr. R does not inspire confidence in the smooth return of her money.”

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D.C.’s Attorney General Is Suing Amazon To Force It To Feature Worse Deals


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In the name of providing consumers access to lower prices, District of Columbia Attorney General Karl A. Racine has launched an antitrust lawsuit aimed at Amazon. Strangely, if Racine’s lawsuit were to succeed, the result would be that Amazon would show consumers…higher prices. 

Racine’s suit alleges that Amazon is engaging in anticompetitive behavior by barring third-party sellers from selling at lower prices on their own websites through a policy that amounts to a “most-favored nation” clause in the third-party seller agreement, leading to higher prices on other sites.

These sorts of clauses are a favorite target for modern antitrust hawks, and there’s a lengthy section about Amazon’s use of these sorts of policies in the giant House Antitrust Report released by Democrats on the Antitrust Subcommittee last fall. That report was a 400-page compendium of complaints about seemingly every minor business practice by a large tech company. Yet even that report, with its maximalist view of antitrust regulation, notes that such clauses are “not inherently anticompetitive”—before, of course, alleging that Amazon’s use of them is.  

It’s true that Amazon used to explicitly bar sellers from charging lower prices elsewhere, but that policy ended in 2019 and was replaced with a less strict agreement known as the “Fair Pricing Policy.” 

The Fair Pricing Policy allows sellers to set their own prices, but it also allows Amazon to respond by removing the seller’s listing from the Buy Box. The Buy Box is the main price you see on an item’s sale page, so it’s the one that most consumers pick, even when there are multiple sellers selling the same item. In many cases, it shows the lowest price for the item. Obviously, sellers work hard to get their listings into the Buy Box and adjust their pricing accordingly. But it’s also true that you can click through to see other listings at other prices. 

Vendors who sell through other outlets have objected to this arrangement, however, with one telling Wired that after putting up items for sale on non-Amazon sites at lower prices, they found their products were in some cases no longer in the Buy Box. “You could still buy the product,” he explained, “but it was an extra click.” 

In some ways, that’s the crux of the issue: a single extra click. That the attorney general for the District of Columbia has launched a major suit over that extra click shows how nitpicky a lot of modern antitrust activism is. Page through last fall’s House antitrust report, and it quickly becomes clear that a faction of big tech-skeptical activists and policymakers on the left has decided that just about every modern business practice in the tech economy, no matter how minor or perfunctory, is an antitrust violation, and needs to be regulated, managed, or outlawed by federal overseers. 

And, of course, a lot of that regulation would end up being counterproductive, potentially harming consumers rather than helping them. Sen. Elizabeth Warren’s (D–Mass.) push to prohibit companies like Amazon from offering house-brand products, for example, would result in the elimination of a bunch of inexpensive, high-quality brands and subbrands for everything from HDMI cables to couches. In service of protecting consumers, Warren’s antitrust crusade would end up making consumers worse off.  

The D.C. A.G.’s suit could produce a similar effect. As an Amazon rep tells Recode, “The relief the AG seeks would force Amazon to feature higher prices to customers, oddly going against core objectives of antitrust law.” The Buy Box is built to show Amazon customers the site’s most appealing deals. It’s a consumer-focused product. Upending that system, as this suit aims to do, would result in customers seeing higher prices and worse deals on the site. 

The new suit against Amazon is typical of so many of today’s antitrust pushes in that it’s both nitpicky and counterproductive. But it’s also a portent of things to come. As Elizabeth Nolan Brown reports in the cover story for the latest issue of Reason, the new antitrust crusaders on both the left and the right are determined to use—or abuse—antitrust law to pursue a wide array of preexisting political agendas. And there’s a large contingent of policymakers and politicians who don’t seems to care if consumers are harmed in what is supposedly a battle to protect consumers.

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