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I Approved This Facebook Message — But You Don’t Know That

[Editor's note: today's guest post, by reporters at ProPublica, is the latest in a series about advertising and social networking sites. It is reprinted with permission.]

Facebook logo By Jennifer Valentino-DeVries, ProPublica

Hundreds of federal political ads — including those from major players such as the Democratic National Committee and the Donald Trump 2020 campaign — are running on Facebook without adequate disclaimer language, likely violating Federal Election Commission (FEC) rules, a review by ProPublica has found.

An FEC opinion in December clarified that the requirement for political ads to say who paid for and approved them, which has long applied to print and broadcast outlets, extends to ads on Facebook. So we checked more than 300 ads that had run on the world’s largest social network since the opinion, and that election-law experts told us met the criteria for a disclaimer. Fewer than 40 had disclosures that appeared to satisfy FEC rules.

“I’m totally shocked,” said David Keating, president of the nonprofit Institute for Free Speech in Alexandria, Virginia, which usually opposes restrictions on political advertising. “There’s no excuse,” he said, looking through our database of ads.

The FEC can investigate possible violations of the law and fine people up to thousands of dollars for breaking it — fines double if the violation was “knowing and willful,” according to the regulations. Under the law, it’s up to advertisers, not Facebook, to ensure they have the right disclaimers. The FEC has not imposed penalties on any Facebook advertiser for failing to disclose.

An FEC spokeswoman declined to say whether the commission has any recent complaints about lack of disclosure on Facebook ads. Enforcement matters are confidential until they are resolved, she said.

None of the individuals or groups we contacted whose ads appeared to have inadequate disclaimers, including the Democratic National Committee and the Trump campaign, responded to requests for comment. Facebook declined to comment on ProPublica’s findings or the December opinion. In public documents, the company has urged the FEC to be “flexible” in what it allows online, and to develop a policy for all digital advertising rather than focusing on Facebook.

Insufficient disclaimers can be minor technicalities, not necessarily evidence of intent to deceive. But the pervasiveness of the lapses ProPublica found suggests a larger problem that may raise concerns about the upcoming midterm elections — that political advertising on the world’s largest social network isn’t playing by rules intended to protect the public.

Unease about political ads on Facebook and other social networking sites has intensified since internet companies acknowledged that organizations associated with the Russian government bought ads to influence U.S. voters during the 2016 election. Foreign contributions to campaigns for U.S. federal office are illegal. Online, advertisers can target ads to relatively small groups of people. Once the marketing campaign is over, the ads disappear. This makes it difficult for the public to scrutinize them.

The FEC opinion is part of a push toward more transparency in online political advertising that has come in response to these concerns. In addition to handing down the opinion in a specific case, the FEC is preparing new rules to address ads on social media more broadly. Three senators are sponsoring a bill called the Honest Ads Act, which would require internet companies to provide more information on who is buying political ads. And earlier this month, the election authority in Seattle said Facebook was violating a city law on election-ad disclosures, marking a milestone in municipal attempts to enforce such transparency.

Facebook itself has promised more transparency about political ads in the coming months, including “paid for by” disclosures. Since late October it has been conducting tests in Canada that publish ads on an advertiser’s Facebook page, where people can see them even without being part of the advertiser’s target audience. Those ads are only up while the ad campaign is running, but Facebook says it will create a searchable archive for federal election advertising in the U.S. starting this summer.

ProPublica found the ads using a tool called the Political Ad Collector, which allows Facebook users to automatically send us the political ads that were displayed on their news feeds. Because they reflect what users of the tool are seeing, the ads in our database aren’t a representative sample.

The disclaimers required by the FEC are familiar to anyone who has seen a print or television political ad — think of a candidate saying, “I’m ____, and I approved this message,” at the end of a TV commercial, or a “paid for by” box at the bottom of a newspaper advertisement. They’re intended to make sure the public knows who is paying to support a candidate, and to prevent people from falsely claiming to speak on a candidate’s behalf.

The system does have limitations, reflecting concerns that overuse of disclaimers could inhibit free speech. For starters, the rules apply only to certain types of political ads. Political committees and candidates have to include disclaimers, as do people seeking donations or conducting “express advocacy.” To count as express advocacy, an ad typically must mention a candidate and use certain words clearly campaigning for or against a candidate — such as “vote for,” “reject” or “re-elect.” And the regulations only apply to federal elections, not state and local ones.

The rules also don’t address so-called “issue” ads that advocate a policy stance. These ads may include a candidate’s name without a disclaimer, as long as they aren’t funded by a political committee or candidate and don’t use express-advocacy language. Many of the political ads purchased by Russian groups in 2016 attempted to influence public opinion without mentioning candidates at all — and would not require disclosure even today.

Enforcement of the law often relies on political opponents or a member of the public complaining to the FEC. If only supporters see an ad, as might be the case online, a complaint may never come.

The disclaimer law was last amended in 2002, but online advertising has changed so rapidly that several experts said the FEC has had trouble keeping up. In 2002, the commission found that paid text message ads were exempt from disclosure under the “small-items exception” originally intended for buttons, pins and the like. What counts as small depends on the situation and is up to the FEC.

In 2010, the FEC considered ads on Google that had no graphics or photos and were limited to 95 characters of text. Google proposed that disclaimers not be part of the ads themselves but be included on the web pages that users would go to after clicking on the ads; the FEC agreed.

In 2011, Facebook asked the FEC to allow political ads on the social network to run without disclosures. At the time, Facebook limited all ads on its platform to small, “thumbnail” photos and brief text of only 100 or 160 characters, depending on the type of ad. In that case, the six-person FEC couldn’t muster the four votes needed to issue an opinion, with three commissioners saying only limited disclosure was required and three saying the ads needed no disclosure at all, because it would be “impracticable” for political ads on Facebook to contain more text than other ads. The result was that political ads on Facebook ran without the disclaimers seen on other types of election advertising.

Since then, though, ads on Facebook have expanded. They can now include much more text, as well as graphics or photos that take up a large part of the news feed’s width. Video ads can run for many minutes, giving advertisers plenty of time to show the disclaimer as text or play it in a voiceover.

Last October, a group called Take Back Action Fund decided to test whether these Facebook ads should still be exempt from the rules.

“For years now, people have said, ‘Oh, don’t worry about the rules, because the FEC doesn’t enforce anything on Facebook,’” said John Pudner, president of Take Back Action Fund, which advocates for campaign finance reform. Many political consultants “didn’t think you ever needed a disclaimer on a Facebook ad,” said Pudner, a longtime campaign consultant to conservative candidates.

Take Back Action Fund came up with a plan: Ask the FEC whether it should include disclosures on ads that the group thought clearly needed them.

The group told the FEC it planned to buy “express advocacy” ads on Facebook that included large images or videos on the news feed. In its filing, Take Back Action Fund provided some sample text it said it was thinking of using: “While [Candidate Name] accuses the Russians of helping President Trump get elected, [s/he] refuses to call out [his/her] own Democrat Party for paying to create fake documents that slandered Trump during his presidential campaign. [Name] is unfit to serve.”

In a comment filed with the FEC in the matter, the Internet Association trade group, of which Facebook is a member, asked the commission to follow the precedent of the 2010 Google case and allow a “one-click” disclosure that didn’t need to be on the ad itself but could be on the web page the ad led to.

The FEC didn’t follow that recommendation. It said unanimously that the ads needed full disclaimers.

The opinion, handed down Dec. 15, was narrow, saying that if any of the “facts or assumptions” presented in another case were different in a “material” way, the opinion could not be relied upon. But several legal experts who spoke with ProPublica said the opinion means anyone who would have to include disclaimers in traditional advertising should now do so on large Facebook image ads or video ads — including candidates, political committees and anyone using express advocacy.

“The functionality and capabilities of today’s Facebook Video and Image ads can accommodate the information without the same constrictions imposed by the character-limited ads that Facebook presented to the Commission in 2011,” three commissioners wrote in a concurring statement. A fourth commissioner went further, saying the commission’s earlier decision in the text messaging case should now be completely superseded. The remaining two commissioners didn’t comment beyond the published opinion.

“We are overjoyed at the decision and hope it will have the effect of stopping anonymous attacks,” said Pudner, of Take Back Action Fund. “We think that this is a matter of the voter’s right to know.” He added that the group doesn’t intend to purchase the ads.

This year, the FEC plans to tackle concerns about digital political advertising more generally. Facebook favors such an industry-wide approach, partly for competitive reasons, according to a comment it submitted to the commission.

“Facebook strongly supports the Commission providing further guidance to committees and other advertisers regarding their disclaimer obligations when running election-related Internet communications on any digital platform,” Facebook General Counsel Colin Stretch wrote to the FEC.

Facebook was concerned that its own transparency efforts “will apply only to advertising on Facebook’s platform, which could have the unintended consequence of pushing purchasers who wish to avoid disclosure to use other, less transparent platforms,” Stretch wrote.

He urged the FEC to adopt a “flexible” approach, on the grounds that there are many different types of online ads. “For example, allowing ads to include an icon or other obvious indicator that more information about an ad is available via quick navigation (like a single click) would give clear guidance.”

To test whether political advertisers were following the FEC guidelines, we searched for large U.S. political ads that our tool gathered between Dec. 20 — five days after the opinion — and Feb. 1. We excluded the small ads that run on the right column of Facebook’s website. To find ads that were most likely to fall under the purview of the FEC regulations, we searched for terms like “committee,” “donate” and “chip in.” We also searched for ads that used express advocacy language such as, “for Congress,” “vote against,” “elect” or “defeat.” We left out ads with state and local terms such as “governor” or “mayor,” as well as ads from groups such as the White House Historical Association or National Audubon Society that were obviously not election-oriented. Then we examined the ads, including the text and photos or graphics.

Of nearly 70 entities that ran ads with a large photo or graphic in addition to text, only two used all of the required disclaimer language. About 20 correctly indicated in some fashion the name of the committee associated with the ad but omitted other language, such as whether the ad was endorsed by a candidate. The rest had more significant shortcomings. Many of those that didn’t include disclosures were for relatively inexperienced candidates for Congress, but plenty of seasoned lawmakers and major groups failed to use the proper language as well.

For example, one ad said, “It’s time for Donald Trump, his family, his campaign, and all of his cronies to come clean about their collusion with Russia.” A photo of Donald Trump appeared over a black and red map of Russia, overlaid by the text, “Stop the Lies.” The ad urged people to “Demand Answers Today” and “Sign Up.”

At the top, the ad identified the Democratic Party as the sponsor, and linked to the party’s Facebook page. But, under FEC rules, it should have named the funder, the Democratic National Committee, and given the committee’s address or website. It should also have said whether the ad was endorsed by any candidate. It didn’t. The only nod to the national committee was a link to my.democrats.org, which is paid for by the DNC, at the bottom of the ad. As on all Facebook ads, the word “Sponsored” was included at the top.

Advertisers seemed more likely to put the proper disclaimers on video ads, especially when those ads appeared to have been created for television, where disclaimers have been mandatory for years. Videos that didn’t look made for TV were less likely to include a disclaimer.

One ad that said it was from Donald J. Trump consisted of 20 seconds of video with an American flag background and stirring music. The words “Donate Now! And Enter for a Chance To Win Dinner With Trump!” materialized on the screen with dramatic thuds and crashes. The ad linked to Trump’s Facebook page, and a “Donate” button at the bottom of the ad linked to a website that identified the president’s re-election committee, Donald J. Trump for President, Inc., as its funder. It wasn’t clear on the ad whether Trump himself or his committee paid for it, which should have been specified under FEC rules.

The large majority of advertisements we collected — both those that used disclosures and those that didn’t — were for liberal groups and politicians, possibly reflecting the allegiances of the ProPublica readers who installed our ad-collection tool. There were only four Republican advertisers among the ads we analyzed.

It’s not clear why advertisers aren’t following the FEC regulations. Keating, of the Institute for Free Speech, suggested that advertisers might think the word “Sponsored” and a link to their Facebook page are enough and that reasonable people would know they had paid for the ad.

Others said social media marketers may simply be slow in adjusting to the FEC opinion.

“It’s entirely possible that because disclaimers haven’t been included for years now, candidates and committees just aren’t used to putting them on there,” said Brendan Fischer, director of the Federal and FEC Reform Program at the Campaign Legal Center, the group that provided legal services to Take Back Action Fund. “But they should be on notice,” he added.

There were only two advertisers we saw that included the full, clear disclosures required by the FEC on their large image ads. One was Amy Klobuchar, a Democratic senator from Minnesota who is a co-sponsor of the Honest Ads Act. The other was John Moser, an IT security professional and Democratic primary candidate in Maryland’s 7th Congressional District who received $190 in contributions last year, according to his FEC filings.

Reached by Facebook Messenger, Moser said he is running because he has a plan for ending poverty in the U.S. by restructuring Social Security into a “universal dividend” that gives everyone over age 18 a portion of the country’s per capita income. He complained that Facebook doesn’t make it easy for political advertisers to include the required disclosures. “You have to wedge it in there somewhere,” said Moser, who faces an uphill battle against longtime U.S. Rep. Elijah Cummings. “They need to add specific support for that, honestly.”

Asked why he went to the trouble to put the words on his ad, Moser’s answer was simple: “I included a disclosure because you're supposed to.”

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New Data Breach Legislation Proposed In North Carolina

After a surge in data breaches in North Carolina during 2017, state legislators have proposed stronger data breach laws. The National Law Review explained what prompted the legislative action:

"On January 8, 2018, the State of North Carolina released its Security Breach Report 2017, which highlights a 15 percent increase in breaches since 2016... Health care, financial services and insurance businesses accounted for 38 percent, with general businesses making up for just more than half of these data breaches. Almost 75 percent of all breaches resulted from phishing, hacking and unauthorized access, reflecting an overall increase of more than 3,500 percent in reported hacking incidents alone since 2006. Since 2015, phishing incidents increased over 2,300 percent. These numbers emphasize the warning to beware of emails or texts requesting personal information..."

So, fraudsters have tricked many North Carolina residents and employees into both opening fraudulent e-mail and text messages, and then responding by disclosing sensitive personal information. Not good.

Details about the proposed legislation:

"... named the Act to Strengthen Identity Theft Practices (ASITP), announced by Representative Jason Saine and Attorney General Josh Stein, attempts to combat the data breach epidemic by expanding North Carolina’s breach notification obligations, while reducing the time businesses have to comply with notification to the affected population and to the North Carolina Attorney General’s Office. If enacted, this new legislation will be one of the most aggressive U.S. breach notification statutes... The Fact Sheet concerning the ASITP as published by the North Carolina Attorney General proposes that the AG take a more direct role in the investigation of data breaches closer to their time of discovery...  To accomplish this goal, the ASITP proposes a significantly shorter period of time for an entity to provide notification to the affected population and to the North Carolina Attorney General. Currently, North Carolina’s statute mandates that notification be made to affected individuals and the Attorney General without “unreasonable delay.” Under the ASITP, the new deadline for all notifications would be 15 days following discovery of the data security incident. In addition to being the shortest deadline in the nation, it is important to note that notification vendors typically require 5 business days to process, print and mail notification letters... The proposed legislation also seeks to (1) expand the definition of “protected information” to include medical information and insurance account numbers, and (2) penalize those who fail to maintain reasonable security procedures by charging them with a violation under the Unfair and Deceptive Trade Practices Act for each person whose information is breached..."

Good. The National Law Review article also compared the breach notification deadlines across all 50 states and territories. It is worth a look to see how your state compares. A comparison of selected states:

Time After Discovery of Breach Selected States/Territories
10 calendar days Puerto Rico (Dept. of Consumer Affairs)
15 calendar days North Carolina (Proposed)
15 business California (Protected Health Information)
30 calendar days Florida
45 calendar days Ohio, Maryland
90 calendar days Connecticut
Most expedient time & without
unreasonable delay
California (other), Massachusetts, New York, North Carolina, Pennsylvania, Puerto Rico (other)
As soon as possible Texas

To learn more, download the North Carolina Security Breach Report 2017 (Adobe PDF), and the ASITP Fact Sheet (Adobe PDF).


Report: Air Travel Globally During 2017 Was The Safest Year On Record

The Independent UK newspaper reported:

"The Dutch-based aviation consultancy, To70, has released its Civil Aviation Safety Review for 2017. It reports only two fatal accidents, both involving small turbo-prop aircraft, with a total of 13 lives lost. No jets crashed in passenger service anywhere in the world... The chances of a plane being involved in a fatal accident is now one in 16 million, according to the lead researcher, Adrian Young... The report warns that electronic devices in checked-in bags pose a growing potential danger: “The increasing use of lithium-ion batteries in electronics creates a fire risk on board aeroplanes as such batteries are difficult to extinguish if they catch fire... The UK has the best air-safety record of any major country. No fatal accidents involving a British airline have happened since the 1980s. The last was on 10 January 1989... In contrast, sub-Saharan Africa has an accident rate 44 per cent worse than the global average, according to the International Air Transport Association (IATA)..."

Read the full 2017 aviation safety report by To70. Below is a chart from the report.

Accident Data Chart from To70 Air Safety Review for 2017. Click to view larger version


What We Discovered During a Year of Documenting Hate

[Editor's note: today's guest blog post, by the reporters at ProPublica, is second in a series about law enforcement and hate crimes in the United States. Today's post is reprinted with permission.]

By Rachel Glickhouse, ProPublica

The days after Election Day last year seemed to bring with them a rise in hate crimes and bias incidents. Reports filled social media and appeared in local news. There were the letters calling for the genocide of Muslims that were sent to Islamic centers from California to Ohio. And the swastikas that were scrawled on buildings around the country. In Florida, “colored” and “whites only” signs were posted over water fountains at a high school. A man assaulted a Hispanic woman in San Francisco, telling her “No Latinos here.”

But were these horrible events indicative of an increase in crimes and incidents themselves, or did the reports simply reflect an increased awareness and willingness to come forward on the part of victims and witnesses? As data journalists, we went looking for answers and were not prepared for what we found: Nobody knows for sure. Hate crimes are so poorly tracked in America, there’s no way to undertake the kind of national analysis that we do in other areas, from bank robberies to virus outbreaks.

There is a vast discrepancy between the hate crimes numbers gathered by the FBI from police jurisdictions around the country and the estimate of hate crime victims in annual surveys by the Bureau of Justice Statistics. The FBI counts 6,121 hate crimes in 2016, and the BJS estimates 250,000 hate crimes a year.

We were told early on that while the law required the Department of Justice to report hate crime statistics, local and state police departments aren’t bound to report their numbers to the FBI — and many don't. Complicating matters further is that hate crime laws vary by state, with some including sexual orientation as a protected class of victims and some not. Five states have no hate crime statute at all.

We decided to try collecting data ourselves, using a mix of social media news gathering and asking readers to send in their personal stories. We assembled a coalition of more than 130 newsrooms to help us report on hate incidents by gathering and verifying tips, and worked on several lines of investigation in our own newsroom.

Along the way, we’ve learned a lot about how hate crimes fall through the cracks:

We’ve received thousands of tips so far through our embeddable incident reporting form. We’ve also added tips sent to us by civil rights groups such as the Southern Poverty Law Center.

ProPublica and reporters in newsrooms around the country used those tips to tell the stories of people who’ve come forward as victims or witnesses. They’ve identified a number of patterns:

Impact

Our mission at ProPublica is to do journalism that has impact. We’ve seen significant impact from Documenting Hate.

  • The official Virginia state after-action report on the Charlottesville rally cited ProPublica’s reporting and made recommendations for better police practices based on our journalism.
  • Cloudflare changed their complaint policies following a ProPublica story on how the company helps support neo-Nazi sites. The company cited our reporting when they later shut down The Daily Stormer, a major neo-Nazi site.
  • After we asked for their records, the Jacksonville Sheriff’s Office, which had not sent a hate crime report to the state of Florida in years, began reporting hate crime data for the first time since 2013.
  • The Miami-Dade Police Department started an internal audit after we talked to them in October. Detective Carlos Rosario, a spokesman for the department, told us they found four hate crimes that they had failed to report to the state. Rosario also told us that they are in the process of creating a digital hate crime reporting process as a result of our reporting.
  • The Colorado Springs, Colorado, police department fixed a database problem that had caused the loss of at least 18 hate crime reports. The error was discovered after we asked them questions about their records.
  • The Madison, Wisconsin, police department changed how they categorize hate crimes before they send them to the FBI based on our records request.
  • A group of nine senators led by Sen. Patty Murray, D-Wash., sent a letter to Education Secretary Betsy DeVos asking what the administration will do in response to racist harassment in schools and universities, citing Buzzfeed’s reporting for the project.
  • The Daily Stormer in Spanish removed the name of a popular Spanish forum from its site after legal action was threatened following a Univision story.
  • The Matthew Shepard Foundation said it would increase resources dedicated to training police officers to identify and investigate hate crimes, citing our project.

Even after the 100 news stories produced by the Documenting Hate coalition, we’re by no means finished. ProPublica and our partners will spend next year collecting and telling more stories from victims and witnesses. And we still have a lot of questions that demand answers. You can help.

Filed under: Civil Rights

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The Limitations And Issues With Facial Recognition Software

We've all seen television shows where police technicians use facial recognition software to swiftly and accurately identify suspects, or catch the bad guys. How accurate is that? An article in The Guardian newspaper discussed the promises, limitations, and issues with facial recognition software used by law enforcement:

"The software, which has taken an expanding role among law enforcement agencies in the US over the last several years, has been mired in controversy because of its effect on people of color. Experts fear that the new technology may actually be hurting the communities the police claims they are trying to protect... "It’s considered an imperfect biometric," said Clare Garvie, who in 2016 created a study on facial recognition software, published by the Center on Privacy and Technology at Georgetown Law, called The Perpetual Line-Up. "There’s no consensus in the scientific community that it provides a positive identification of somebody"... [Garvie's] report found that black individuals, as with so many aspects of the justice system, were the most likely to be scrutinized by facial recognition software in cases. It also suggested that software was most likely to be incorrect when used on black individuals – a finding corroborated by the FBI's own research. This combination, which is making Lynch’s and other black Americans’ lives excruciatingly difficult, is born from another race issue that has become a subject of national discourse: the lack of diversity in the technology sector... According to a 2011 study by the National Institute of Standards and Technologies (Nist), facial recognition software is actually more accurate on Asian faces when it’s created by firms in Asian countries, suggesting that who makes the software strongly affects how it works... Law enforcement agencies often don’t review their software to check for baked-in racial bias – and there aren’t laws or regulations forcing them to."


Report: Several Impacts From Technology Changes Within The Financial Services Industry

For better or worse, the type of smart device you use can identify you in ways you may not expect. First, a report by London-based Privacy International highlighted the changes within the financial services industry:

"Financial services are changing, with technology being a key driver. It is affecting the nature of financial services from credit and lending through to insurance and even the future of money itself. The field known as “fintech” is where the attention and investment is flowing. Within it, new sources of data are being used by existing institutions and new entrants. They are using new forms of data analysis. These changes are significant to this sector and the lives of the people it serves. We are seeing dramatic changes in the ways that financial products make decisions. The nature of the decision-making is changing, transforming the products in the market and impacting on end results and bottom lines. However, this also means that treatment of individuals will change. This changing terrain of finance has implications for human rights, privacy and identity... Data that people would consider as having nothing to do with the financial sphere, such as their text-messages, is being used at an increasing rate by the financial sector...  Yet protections are weak or absent... It is essential that these innovations are subject to scrutiny... Fintech covers a broad array of sectors and technologies. A non-exhaustive list includes:

  • Alternative credit scoring (new data sources for credit scoring)
  • Payments (new ways of paying for goods and services that often have implications for the data generated)
  • Insurtech (the use of technology in the insurance sector)
  • Regtech (the use of technology to meet regulatory requirements)."

"Similarly, a breadth of technologies are used in the sector, including: Artificial Intelligence; Blockchain; the Internet of Things; Telematics and connected cars..."

While the study focused upon India and Kenya, it has implications for consumers worldwide. More observations and concerns:

"Social media is another source of data for companies in the fintech space. However, decisions are made not on just on the content of posts, but rather social media is being used in other ways: to authenticate customers via facial recognition, for instance... blockchain, or distributed ledger technology, is still best known for cryptocurrencies like BitCoin. However, the technology is being used more broadly, such as the World Bank-backed initiative in Kenya for blockchain-backed bonds10. Yet it is also used in other fields, like the push in digital identities11. A controversial example of this was a very small-scale scheme in the UK to pay benefits using blockchain technology, via an app developed by the fintech GovCoin12 (since renamed DISC). The trial raised concerns, with the BBC reporting a former member of the Government Digital Service describing this as "a potentially efficient way for Department of Work and Pensions to restrict, audit and control exactly what each benefits payment is actually spent on, without the government being perceived as a big brother13..."

Many consumers know that you can buy a wide variety of internet-connected devices for your home. That includes both devices you'd expect (e.g., televisions, printers, smart speakers and assistants, security systems, door locks and cameras, utility meters, hot water heaters, thermostats, refrigerators, robotic vacuum cleaners, lawn mowers) and devices you might not expect (e.g., sex toys, smart watches for children, mouse traps, wine bottlescrock pots, toy dolls, and trash/recycle bins). Add your car or truck to the list:

"With an increasing number of sensors being built into cars, they are increasingly “connected” and communicating with actors including manufacturers, insurers and other vehicles15. Insurers are making use of this data to make decisions about the pricing of insurance, looking for features like sharp acceleration and braking and time of day16. This raises privacy concerns: movements can be tracked, and much about the driver’s life derived from their car use patterns..."

And, there are hidden prices for the convenience of making payments with your favorite smart device:

"The payments sector is a key area of growth in the fintech sector: in 2016, this sector received 40% of the total investment in fintech22. Transactions paid by most electronic means can be tracked, even those in physical shops. In the US, Google has access to 70% of credit and debit card transactions—through Google’s "third-party partnerships", the details of which have not been confirmed23. The growth of alternatives to cash can be seen all over the world... There is a concerted effort against cash from elements of the development community... A disturbing aspect of the cashless debate is the emphasis on the immorality of cash—and, by extension, the immorality of anonymity. A UK Treasury minister, in 2012, said that paying tradesman by cash was "morally wrong"26, as it facilitated tax avoidance... MasterCard states: "Contrary to transactions made with a MasterCard product, the anonymity of digital currency transactions enables any party to facilitate the purchase of illegal goods or services; to launder money or finance terrorism; and to pursue other activity that introduces consumer and social harm without detection by regulatory or police authority."27"

The report cited a loss of control by consumers over their personal information. Going forward, the report included general and actor-specific recommendations. General recommendations:

  • "Protecting the human right to privacy should be an essential element of fintech.
  • Current national and international privacy regulations should be applicable to fintech.
  • Customers should be at the centre of fintech, not their product.
  • Fintech is not a single technology or business model. Any attempt to implement or regulate fintech should take these differences into account, and be based on the type activities they perform, rather than the type of institutions involved."

Want to learn more? Follow Privacy International on Facebook, on Twitter, or read about 10 ways of "Invisible Manipulation" of consumers.


Report: Patched Macs Still Vulnerable To Firmware Hacks

Apple Inc. logo I've heard numerous times the erroneous assumption by consumers: "Apple-branded devices don't get computer viruses." Well, they do. Ars Technica reported about a particular nasty hack of vulnerabilities in devices' Extensible Firmware Interface (EFI). Never heard of EFI? Well:

"An analysis by security firm Duo Security of more than 73,000 Macs shows that a surprising number remained vulnerable to such attacks even though they received OS updates that were supposed to patch the EFI firmware. On average, 4.2 percent of the Macs analyzed ran EFI versions that were different from what was prescribed by the hardware model and OS version. 47 Mac models remained vulnerable to the original Thunderstrike, and 31 remained vulnerable to Thunderstrike 2. At least 16 models received no EFI updates at all. EFI updates for other models were inconsistently successful, with the 21.5-inch iMac released in late 2015 topping the list, with 43 percent of those sampled running the wrong version."

This is very bad. EFI hacks are particularly effective and nasty because:

"... they give attackers control that starts with the very first instruction a Mac receives... the level of control attackers get far exceeds what they gain by exploiting vulnerabilities in the OS... That means an attacker who compromises a computer's EFI can bypass higher-level security controls, such as those built into the OS or, assuming one is running for extra protection, a virtual machine hypervisor. An EFI infection is also extremely hard to detect and even harder to remedy, as it can survive even after a hard drive is wiped or replaced and a clean version of the OS is installed."

At-risk EFI versions mean that devices running Windows and Linux operating systems are also vulnerable. Reportedly, the exploit requires plenty of computing and technical expertise, so hackers would probably pursue high-value targets (e.g., journalists, attorneys, government officials, contractors with government clearances) first.

The Duo Labs Report (63 pages, Adobe PDF) lists the specific MacBook, MacBookAir, and MacBookPro models at risk. The researchers shared a draft of the report with Apple before publication. The report's "Mitigation" section provides solutions, including but not limited to:

"Always deploy the full update package as released by Apple, do not remove separate packages from the bundle updater... When possible, deploy Combo OS updates instead of Delta updates... As a general rule of thumb, always run the latest version of macOS..."

Scary, huh? The nature of the attack means that hackers probably can disable the anti-virus software on your device(s), and you probably wouldn't know you've been hacked.


What We Know -- And Don't Know -- About Hate Crimes in America

[Editor's Note: today's guest blog post explores the problem of hate crimes. Recent surveys about harassment found that what happens online often doesn't stay online. Hopefully, future reports by ProPublica will explore the linkages. Today's blog post is reprinted with permission.]

By Rachel Glickhouse, ProPublica

"Go home. We need Americans here!" white supremacist Jeremy Joseph Christian yelled at two black women -- one wearing a hijab -- on a train in Portland, Oregon, in May. According to news reports, when several commuters tried to intervene, he went on a rampage, stabbing three people. Two of them died.

If the fatal stabbing was the worst racist attack in Portland this year, it was by no means the only one. In March, Buzzfeed reported on hate incidents in Oregon and the state's long history as a haven for white supremacists. Some of the incidents they found were gathered by Documenting Hate, a collaborative journalism project we launched earlier this year.

Documenting Hate is an attempt to overcome the inadequate data collection on hate crimes and bias incidents in America. We've been compiling incident reports from civil-rights groups, as well as news reports, social media and law enforcement records. We've also asked people to tell us their personal stories of witnessing or being the victim of hate.

It's been about six months since the project launched. Since then, we've been joined by more than 100 newsrooms around the country. Together, we're verifying the incidents that have been reported to us -- and telling people's stories.

We've received thousands of reports, with more coming every day. They come from cities big and small, and from states blue and red. People have reported hate incidents from every part of their communities: in schools, on the road, at private businesses, in the workplace. ProPublica and our partners have produced more than 50 stories using the tips from the database, from New York to Seattle, Minneapolis to Phoenix. Some examples:

Univision, HuffPost, and The New York Times opinion section identified a common thread in the reports we've received in which people of color are harassed "Go back to your country." This type of harassment affects both immigrants and U.S. citizens alike, reporters found.

Several stories published by our partners focused on racial harassment on public transportation, using tips to illustrate something officials were also seeing. The New York City Commission on Human Rights observed a 480 percent increase in claims of discriminatory harassment between 2015 and 2016, according to The New York Times Opinion section. The Massachusetts Bay Transportation Authority recorded 24 cases of offensive graffiti through April, compared to 35 in all of last year, the Boston Globe found. Univision covered multiple incidents involving Latinos targeted in incidents on the New York City subway.

Combing through our database, Buzzfeed discovered there were dozens of reported incidents in K-12 schools in which students cited President Donald Trump's name or slogans to harass minority classmates. This echoed a pattern Univision had reported on: In November, the Teaching Tolerance project at the Southern Poverty Law Center received more than 10,000 responses to an educator survey indicating an uptick in anti-Semitic, anti-Muslim and anti-immigrant activity in schools.

Our local partners reported on how hate incidents affect communities across the country: anti-Semitic graffiti in Phoenix, Islamophobia in Minneapolis, racist vandalism and homophobic threats in Seattle, white supremacist activity at a California university, racist harassment and vandalism in Boston, racism in the workplace in New Orleans, and hate incidents throughout Florida.

There are a few questions for which answers continue to elude us: How many hate crimes happen each year, and why is the record keeping so inadequate?

The FBI, which is required to track hate crimes, counts between 5,000 and 6,000 of them annually. But the Bureau of Justice Statistics estimates the total is closer to 250,000. One explanation for the gap is that many victims -- more than half, according to a recent estimate -- don't report what happened to them to police.

Even if they do, law enforcement agencies aren't all required to report to the FBI, meaning their reports might never make it into the national tally. The federal government is hardly a model of best practices; many federal agencies don't report their data, either -- even though they're legally required to do so.

We'll spend the next six months continuing to tackle these questions and more. And we and our partners will keep working our way through the tips in our database, telling people's stories and doing our best to understand what's happening.

There are ways that you can help us move the project forward:

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'If You Hemorrhage, Don't Clean Up': Advice From Mothers Who Almost Died

[Editor's note: today's guest post is part of the ongoing "Lost Mothers" investigation by ProPublica because, "The U.S. has the highest rate of deaths related to pregnancy and childbirth in the developed world. Half of the deaths are preventable, victimizing women from a variety of races, backgrounds, educations and income levels." It is reprinted with permission.]

by Adriana Gallardo and Nina Martin, ProPublica, and Renee Montagne, NPR

Four days after Marie McCausland delivered her first child in May, she knew something was very wrong. She had intense pain in her upper chest, her blood pressure was rising, and she was so swollen that she barely recognized herself in the mirror. As she curled up in bed that evening, a scary thought flickered through her exhausted brain: "If I go to sleep right now, I don't know if I'm gonna be waking up."

What she didn't have was good information about what might be wrong. The discharge materials the hospital sent her home with were vague and confusing -- "really quite useless," she said. Then she remembered a ProPublica/NPR story she'd recently read about a New Jersey nurse who died soon after childbirth. Lauren Bloomstein had developed severe preeclampsia, a dangerous type of hypertension that often happens during the second half of her pregnancy. But it can also emerge after the baby is delivered, when it is often overlooked -- accounting for dozens of maternal deaths a year. McCausland realized that she might have preeclampsia, too.

The 27-year-old molecular virologist and her husband bundled up their newborn son and raced to the nearest emergency room in Cleveland. But the ER doctor told her that she was feeling normal postpartum symptoms, she said. Even as her blood pressure hovered at perilous heights, he wanted to send her home. Several hours passed before he consulted with an OB-GYN at another hospital and McCausland's severe preeclampsia was treated with magnesium sulfate to prevent seizures. Without Bloomstein's story as a warning, McCausland doubts she would have recognized her symptoms or persisted in the face of the ER doctor's dismissiveness. "I had just come home with the baby and really didn't want to go back to the hospital. I think I probably would have just wrote it off." In that case, she added, "I don't know if I'd be here. I really don't."

McCausland's experience is far from unique. In the months since ProPublica and NPR launched our project about maternal deaths and near-deaths in the U.S., we've heard from 3,100 women who endured life-threatening pregnancy and childbirth complications, often suffering long-lasting physical and emotional effects. (Tell us your story.)

The same themes that run though McCausland's story echo through many of these survivors' recollections. They frequently told us they knew little to nothing beforehand about the complications that nearly killed them. Even when the women were convinced something was terribly amiss, doctors and nurses were sometimes slow to believe them. Mothers especially lacked information about risks in the postpartum period, when medical care is often disjointed or difficult to access and the baby is the focus of attention. "Every single nurse, pediatrician, and lactation consultant dismissed my concerns as hormones and anxiety," wrote Emily McLaughlin, who suffered a stroke and other complications after giving birth in Connecticut in 2015.

These survivors make up an important, and largely untapped, source of knowledge about the dangers that expectant and new mothers may face -- and how to avoid disaster. Every day in the U.S., two to three women die from pregnancy- or childbirth-related causes, including preeclampsia, hemorrhage, infection, blood clots and cardiac problems -- the highest rate of maternal mortality among wealthy nations. As many as 60 percent of these deaths are preventable, a new report suggests; more than half occur after delivery. (See our story on the lost mothers of 2016.) Each day, another 175 women suffer complications severe enough to require major medical intervention such as massive transfusions, emergency surgery or admission to an intensive care unit -- equivalent to about 65,000 close calls annually, according to the Centers for Disease Control and Prevention.

Hospitals, medical organizations and maternal safety groups are introducing a host of initiatives aimed at educating expectant and new mothers and improving how providers respond to emergencies. But as McCausland's experience illustrates, self-advocacy is also critically important.

We asked survivors: What can people do to ensure that what happened to Lauren Bloomstein doesn't happen to them or their loved ones? How can they help prevent situations like Marie McCausland's from spiraling out of control? What do they wish they had known ahead of their severe complications? What made a difference in their recovery? How did they get medical professionals to listen? Here is a selection of their insights, in their own words.

Choosing a Provider

"A lot of data on specific doctors and hospitals can be found publicly. Knowing how your physician and hospital rates as compared to others (cesarean rates, infection rates, readmission rates) can give you valuable insight into how they perform. 'Liking' your doctor as a person is nice, but not nearly as important as their and their facility's culture and track record."

-- Kristen Terlizzi, 35, survivor of placenta accreta (a disorder in which the placenta grows into or through the uterine wall) in 2014 and cofounder of the National Accreta Foundation

"Key pieces of information every woman should know before choosing a hospital are: What are their safety protocols for adverse maternal events? No one likes to think about this while pregnant, and providers will probably tell you that it's unlikely to happen. But it does happen and it's good to know that the hospital and providers have practiced for such scenarios and have proper protocols in place."

-- Marianne Drexler, 39, survived a hemorrhage and emergency hysterectomy in 2014

"Ask your doctors if they have ever experienced a case of an amniotic fluid embolism [an abnormal response to amniotic fluid entering the mother's bloodstream] or other severe event themselves. If a birthing center is your choice, discuss what happens in an emergency -- how far away is the closest hospital with an ICU? Because a lot of hospitals don't have them. Another thing many women don't realize is that not every hospital has an obstetrician there 24/7. Ask your doctors: If they're not able to be there the whole time you're in labor, will there be another ob/gyn on site 24 hours a day if something goes wrong?"

-- Miranda Klassen, 41, survivor of amniotic fluid embolism in 2008 and founder/executive director of the Amniotic Fluid Embolism Foundation

"While my doctor was amazing, we live in a smaller town and they don't carry enough blood/platelets on hand for very emergent situations. They have patients shipped to larger hospitals when they need more care. Had I been aware of that we would have decided to deliver at a larger hospital so in case something happened to me or our daughter we wouldn't be separated, which we were when I was life-flighted out."

-- Kristina Landrus, 26, survived a hemorrhage in 2013

"My best advice for getting a medical professional to listen is to keep searching for one that is willing to listen. Because of my insurance and personal circumstances at the time I felt I had no option but to take whoever my providers [assigned] me, despite several red flags even before my delivery. I was not aware of my right to change providers until it was too late."

-- Joy Huff, 39, survived a blood infection in 2013

Preparing for an Emergency

"A conversation about possible things that could go wrong is prudent to have with your doctor or in one of these childbirth classes. I don't think that it needs to be done in a way to terrify the new parents, but as a way to provide knowledge. The pregnant woman should be taught warning signs, and know when to speak up so that she can be treated as quickly and accurately as possible."

-- Susan Lewis, 33, survived multiple blood clots and severe hemorrhage in 2016

"Always have somebody with you in a medical setting to ask the questions you might not think of and to advocate on your behalf if your ability to communicate is compromised by being in poor health. ... And get emotional support to steel you against the naysayers. It may feel really unnatural or difficult to push back [against doctors and nurses]. Online forums and Facebook groups can be helpful to ensure you're not losing your mind."

-- Eleni Tsigas, survivor of preeclampsia in 1998 and 1999 and executive director of the Preeclampsia Foundation

"Know your rights. Know what kind of decisions you might have to make and what you want to do before you go. Doctors and nurses are there to make quick decisions, they're not worried about how you will feel about it afterward. They are worried about a lawsuit, whether they can get you stable quickly so they can move on. I'm not saying they are heartless, far from it. My mother is a nurse, I know what sort of heart goes into that profession. But they have a lot to do and a lot to worry about, your feelings are not at the top of that list. At least not as far as they are concerned in the moment."

-- Carrie Anthony, 36, survived two pregnancies with placenta accreta and hemorrhage in 2008 and 2015

"It isn't just important to know how you feel about blood transfusions and life-saving measures 2014 you have to communicate these things to your spouse or family member. I was given six blood transfusions, but I was barely conscious when asked if I wanted them. Of course, I wanted any life-saving measures, but my husband should have been consulted, given that I was not of a clear mind."

-- Rachel Stuhler, 36, survived a hemorrhage in 2017

"In case you ever are unable to respond, someone needs to step in and be your voice! Know as much thorough medical history as possible, and let your spouse or support person know [in depth] your history as well."

-- Kristina Landrus

"Also be sure your spouse and your other family members, like your parents or siblings, are on the same page about your care. And if you aren't married, who will be making the decisions on your behalf? You should put things in order, designate the person who will be the decision maker, and give that person power of attorney. Other important things to have are a medical directive or a living will 2014 be sure to bring a copy with you to the hospital. I also recommend packing a journal to record everything that happens."

-- Miranda Klassen

"Make a list of your questions and make sure you get the full answer. I went to every appointment the second time around with a notebook. I would apologize for being 'that patient,' but I had been through this before and I wasn't going to be confused again. I wanted to know everything. Honestly, it was as harmful as it was helpful. I knew what I was getting into, which made it much scarier. The first time, my ignorance was bliss. I didn't realize I almost died until two weeks after I had left the hospital. I didn't even start researching what had happen to me until months later. The second time I was an advocate for myself. Medical journals and support groups were a part of every single visit. And thankfully, I was in good hands."

-- Carrie Anthony

"Write down what each specialty says to you. When I was hospitalized for six weeks prior to giving birth, I was visited 2-3 times a week by someone from each department that would be involved in my life-saving surgery. This means that I saw someone from the neonatal intensive care unit as well as reps from gynecologic oncology, maternal fetal medicine, interventional radiology and anesthesiology. They paraded in on a schedule, checked up on me, asked if I had any questions. I always did, but I regret not writing down what each said each time (along with names!). I got so many different answers regarding how I would be anesthetized, and on the day it all had to happen in an emergency, there were disagreements above me in the OR. between the specialists. It was like children arguing on a playground and my life was in danger. Had I kept a more vigilant record of what each specialty reported to me, perhaps prior to the day I could have confronted each with the details that weren't matching up."

-- Megan Moody, 36, survived placenta percreta (when the placenta penetrates through the uterine wall) in 2016

"People should know that they have a right to ask for more time with the doctor or more follow up if they feel something is not right. The ob-gyns (at least in Pennsylvania) are so busy and sometimes appointments are quite quick and rushed. Make the doctors slow down and take the time with you."

-- Dani Leiman, 37, survived HELLP syndrome (a particularly dangerous variant of preeclampsia) in 2011

"You have a legal right to your medical records throughout pregnancy and anytime afterwards. Get a copy of your lab results each time blood is drawn, and a copy of your prenatal and hospital reports. Ask about concerning or unclear results."

-- Eleni Tsigas

Getting Your Provider to Listen

"Understand the system. Ask a nurse or a trusted loved one in the 'industry' how it all works. I've found that medical professionals are more likely to listen to you if you demonstrate an understanding of their roles and the kind of questions they can/cannot answer. Know your 'silos.' Don't ask an anesthesiologist how they plan on stitching up your cervix. Specialists are often incredibly impatient. You need to get the details out of them regarding their very specific roles."

-- Megan Moody

"Let doctors know you care about your health and safety as much as they do. Tell them you want to be a partner in your health care. Do not act as an adversary to your doctor."

-- Tricia Fitzgerald, 40, survived a hemorrhage caused by severe preeclampsia in 2014

"First you have to be armed with concrete knowledge with examples about your illness and have a firm attitude. This is why it is important to know your body. Do your research before your appointment, but make it personal. Do not present your case as if you just went on WebMD for the information. Create a log of your health activities. This log should contain all illnesses you are concerned about, when they occurred and how did you feel. Have your questions and concerns written down. You should always carry a list of your medications, dosage, and milligrams. Include any side effects. Ask concrete questions and have the doctors present their findings to you in a language you can understand. If you do not agree [with what one doctor tells you], ask another doctor. Remember, knowledge is power and you must have that power."

-- Anner Porter, 55, survivor of peripartum cardiomyopathy in 1992 and founder of the advocacy organization Fight PPCM

"If your provider tells you, 'You are pregnant. What you're experiencing is normal,' remember -- that may be true. [But it's also true] that preeclampsia can mimic many normal symptoms of pregnancy. Ask, 'What else could this be?' Expect a thoughtful answer that includes consideration of 2018differential diagnoses' -- in other words, other conditions that could be causing the same symptoms."

-- Eleni Tsigas

"They only listen if the pain is a 10 or higher. Most of us don't understand what a 10 is. I'd always imagined a 10 would feel like having a limb blown off in combat. When asked to evaluate your pain on a scale of 1 to 10, when you are in your most vulnerable moment, it is very hard to assess this logically, for you and for your partner witnessing your pain. I later saw a pain chart with pictures. A 10 was demonstrated with an illustration of a crying face. You may not actually be shedding tears, but you are most likely crying on the inside in pain, so I suggest to always say a 10. My pain from the brain hemorrhage was probably a 100, but I'm not sure if I even said 10 at the time."

-- Emily McLaughlin, 34, survived a postpartum stroke in 2015

"Crying! I'm only slightly kidding. I truly think the only way to get them to listen is to be adamant and don't back down. I had a situation where I felt no one was paying attention to me, and I cried out of frustration over the phone. Then they listened to me and snapped into action."

-- Dani Leiman

"So many women do speak up about the strange pain they have, and a nurse may brush it off as normal without consulting a doctor and running any tests. Be annoying if you must, this is your life. ... Thankfully, I never had to be so assertive. I owe my life to the team of doctors and nurses who acted swiftly and accurately, and I am eternally grateful."

-- Susan Lewis

"If you have a hemorrhage, don't clean up after yourself! Make sure the doctor is fully aware of how much blood you are losing. I had a very nice nurse who was helping to keep me clean and helping to change my (rapidly filling) pads. If the doctor had seen the pools of blood himself, rather than just being told about them, he might not have been so quick to dismiss me."

-- Valerie Bradford, 30, survived hemorrhage in 2016

Paying Attention to Your Symptoms

"I had heard of preeclampsia but I was naïve. [I believed] that it was something women developed who didn't watch what they ate and didn't focus on good health prior and/or during pregnancy. I was in great health and shape prior to getting pregnant, during my pregnancy I continued to make good food choices and worked out up until 36 hours before the baby had to be taken. I gained healthy weight and kept my BMI at an optimum number. I thought due to my good health, I was not susceptible to anything and my labor would be easy. So although I had felt bad for 1 1/2 weeks, I chalked it up to the fact that I was almost 8 months into this pregnancy, so you're not supposed to feel great. 2026 I walked into my doctor's office that Friday and not one hour later I was in an emergency C-section delivering a baby. I had to fully be put under due to the severity of the HELLP, so I didn't wake up until the next day."

-- Kelli Davis, 31, survived HELLP syndrome in 2016

"Understand that severe, sustained pain is not normal. So many people told me that the final trimester of pregnancy is sooo uncomfortable. It was my first pregnancy, I have a generally high threshold for pain, and my son was breech so I thought his head was causing bad pain under my ribs [when it was really epigastric pain from the HELLP syndrome]. I kept thinking it was normal to be in pain and I let it go until it was almost too late."

-- Dani Leiman

"I wish I would have known what high blood pressure numbers were. I had a pharmacist take my blood pressure at a pharmacy and let me walk out the door with a blood pressure of 210/102. She acted like it was no big deal ('it's a little high'), and so I believed her. Even after telling my husband, we really thought nothing of it."

-- Melissa McFadden, 36, survived preeclampsia in 2013

"Know the way your blood pressure should be taken. And ask for the results. Politely challenge the technician or nurse if it's not being done correctly or if they suggest 'changing positions to get a lower reading.' Very high blood pressure (anything over 160/110) is a 'hypertensive crisis' and requires immediate intervention."

-- Eleni Tsigas

"Please ask for a heart monitor for yourself while in labor, not just for the baby. I think if I had one on, seconds or minutes could have been erased from reaction time by the nurses. They were alerted to an issue because the baby's heart stopped during labor, and while the nurse was checking that machine, my husband noticed I was also non-responsive. That's when everything happened (cardiac arrest due to AFE)."

-- Kristy Kummer-Pred, 44, survived amniotic fluid embolism and cardiac arrest in 2012

After the Delivery

"My swelling in my hands and feet never went away. My uterus hadn't shrunk. I wasn't bleeding that bad, but there was a strange odor to it. My breasts were swollen and my milk wasn't coming in. I was misdiagnosed with mastitis [a painful inflammation of the breast tissue that sometimes occurs when milk ducts become plugged and engorged]. The real problem was that I still had pieces of placenta inside my uterus. Know that your placenta should not come out in multiple pieces. It should come out in one piece. If it is broken apart, demand an ultrasound to ensure the doctors got it all. If you have flu-like symptoms, demand to be seen by a doctor. If you don't like your doctor, demand another one."

-- Brandi Miller, 32, survived placenta accreta and hemorrhage in 2015

"There is a period in the days and weeks after delivery where your blood pressure can escalate and you can have a seizure, stroke, or heart attack, even well after a healthy birth. You should take your own blood pressure at home if your doctor doesn't tell you to. ... Unfortunately, I went home from [all my postpartum] appointments with my blood pressure so high that I started having a brain hemorrhage. Not one single person ever thought of taking my blood pressure when I was complaining about my discomfort and showing telltale warning signs of [preeclampsia]."

-- Emily McLaughlin

"The ER doctor that I had was not treating me as a postpartum case. He was just thinking of me as a 27-year-old with high blood pressure. I think, if you have the opportunity, the ideal thing would be to go back to the same hospital where you had your baby, because they have a labor and delivery unit and they have your records. But if the closest emergency room isn't at the hospital where you delivered, then you have to be more vigilant. Make sure they know you just gave birth. If you know something is wrong with you, don't take no for an answer. Just keep saying, 'I think this is something serious' and don't let them discharge you, especially if it's someone who isn't familiar with pregnant women."

-- Marie McCausland

"The postpartum period is when a lot of pregnancy-related heart problems like cardiomyopathy emerge. If there is still difficulty breathing, fluid buildup in ankles, shortness of breath and you are unable to lie flat on your back, go see a cardiologist ASAP. If you have to go to an emergency room, request to have the following tests performed: echocardiogram (echo) test, ejection fraction test, B-type natriuretic peptides (BNP), EKG test and chest x-ray test. These tests will determine if your heart is failing and will save your life."

-- Anner Porter

"Rest as much as possible -- for as long as possible. Being in too big a rush to get 'back to normal' can exacerbate postpartum health risks. Things that are not normal: heavy bleeding longer than 6 weeks, or bleeding that stops and starts again, not producing milk, fevers, severe pain (especially around incision sites), excessive fatigue, and anxiety/depression. If you don't feel like yourself, get help."

-- Amy Barron Smolinski, 37, a survivor of preeclampsia, postpartum hemorrhage and other complications in three pregnancies in 2006, 2011 and 2012 and executive director of Mom2Mom Global, a breastfeeding support group

"Know that your preexisting health conditions may be impacted by having a baby (hormone changes, sleep deprivation, stress). Record your health and your baby's in a journal or app to track any changes. Reach out to the nurse or doctor when there are noticeable changes that you have tracked."

-- Noelle Garcia, 33, survived placental abruption (placenta separating from the uterine wall during pregnancy) in 2007

"If your hospital discharges you on tons of Motrin or pain killers, be aware that this can mask the warning signs of headache, which is sometimes the only warning sign of preeclampsia coming on postpartum."

-- Emily McLaughlin

Grappling With the Emotional Fallout

"I wish I had known that postpartum PTSD was possible. Most people associate PTSD with the effects of war, but I was diagnosed with PTSD after my traumatic birth and near-death experience. Almost 6 years later, I still experience symptoms sporadically."

-- Meagan Raymer, 31, survived severe preeclampsia and HELLP syndrome in 2011

"I recommend therapy with a female therapist specializing in trauma. Honestly, I avoided it for 8 months. I was then in therapy for 12 months. I still have ongoing anxiety... but I would be in a very bad place (potentially depression and self-harm due to self-blame) were it not for therapy. It was so hard to admit [what was happening]. I started to get a suspicion when I heard an NPR story about a veteran with PTSD. I thought... that sounds like me. And I started Googling."

-- Jessica Rae Hoffman, 28, survived severe sepsis and other complications in 2015

"The emotional constructs our society puts around pregnancy and childbirth make the ideas of severe injury and death taboo. Childbirth is a messy, traumatic experience. ... Many women don't seek care even when they instinctively believe something is wrong because they're supposed to 'be happy.' Awareness and transparency are so important."

-- Leah Soule, 33, survived a hemorrhage in 2015

"Having an incredible support network made the greatest impact with my near-death experience, but my family and friends needed their own support as they coped. My mom didn't leave my side, but she also had a team of friends supporting her so that she could let her guard down and cry when she needed to do so. My husband was at my bedside or with the baby constantly that first week, but he was also suffering from the trauma of everything and was having a really hard time coping and needed to leave the hospital environment. My best friend is an ICU nurse and quickly became the person everyone asked clarifying questions, but she didn't want to be a nurse in that moment but rather someone who was scared for her friend."

-- Susan Lewis

"I wish I had understood how significant the impact was on my husband. Emotionally, the experience was much more difficult and long-lasting for him than for me, and it continued to affect his relationship with both me and our baby for quite a while, at a time when I didn't think it was a thing at all."

-- Elizabeth Venstra, 44, survived HELLP syndrome in 2014

"I would suggest establishing yourself ahead of time with a doula or midwife that can make postpartum visits to your home, which can promote health even if everything goes smoothly. Many communities have those services available if you can't afford them. [A doula] wasn't covered through our insurance, but the social worker at the hospital arranged for someone paid for by [San Diego County] to come and do several checks on me and my son, which was very reassuring to both my husband and me."

-- Miranda Klassen

"If you're given a diagnosis of a life-threatening pregnancy complication, line up a therapist immediately so can start getting the support you need as soon as you give birth. Don't wait until your six-week [postpartum] appointment when they do a depression screen and you realize you're not coping well. You'll have to wait at least another week for the appointment to be made. Why not have that in place? I wish I did."

-- Megan Moody

"Don't assume everyone gets it. Don't assume everyone wants to hear it. My story is scary. Some soon-to-be moms have looked horrified by my story. Some already moms have been scared away by it. Most people are happy to listen, like to be informed. But some do not. Some people are happier thinking it's all going to be ok, not me, I'll be fine. They should at least know, but that's their choice. You can't force people to open their eyes. Be there. Offer help. But don't force it."

-- Carrie Anthony

Other Resources

  • The Leapfrog Group provides performance data on more than 1,800 hospitals and publishes an annual Maternity Care Report. Consumer Reports offers C-section data from more than 1,300 hospitals by ZIP code.
  • The California Maternal Quality Care Collaborative's "toolkits" of protocols to treat life-threatening obstetric complications include infographics, checklists and lengthy backup materials but require (free) registration for access. The Alliance for Innovation on Maternal Health's "bundles" offer similar information in a condensed, easily downloadable form.
  • The Association of Women's Health, Obstetric and Neonatal Nurses (AWHONN)'s Health4Mom site has a "Save Your Life" campaign, including a one-page checklist, to help new mothers recognize post-birth warning signs.
  • Childbirth Connections provides evidence-based information on maternity care. The Preeclampsia Foundation's "Wonder Woman" posts (here and here) put the U.S. maternal mortality numbers in context and offer more strategies for self-advocacy.
  • Postpartum Support International offers many resources for women suffering from pregnancy-related depression, anxiety and mood disorders.
  • Facebook is a gathering place for thousands of women who've experienced life-threatening complications, but many groups are condition-specific and/or closed to non-survivors. One open group worth checking out: The Unexpected Project.
  • Social justice groups are also becoming active around the issue of maternal deaths and near-deaths, with a focus on why African-American women are disproportionately affected. They include the Black Mamas Matter Alliance and Moms Rising.

Correction, August 4, 2017: In an earlier version of this story, a quote was incorrectly attributed to Kristy Kummer-Pred. It has been deleted.

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Study: Police Officers Talk More Respectfully To White Residents Than Non-White Residents

Researchers analyzed the language recorded by body cameras during police stops, and concluded that police officers talk more respectfully to White residents than non-White residents. The study, published Monday in the Proceedings of the National Academy of Sciences, included 183 hours of body camera footage taken during 981 routine traffic stops in April 2014 by 245 different officers in the Oakland Police Department.

The researchers found:

"Police officers speak significantly less respectfully to black than to white community members in everyday traffic stops, even after controlling for officer race, infraction severity, stop location, and stop outcome. This paper presents a systematic analysis of officer body-worn camera footage, using computational linguistic techniques to automatically measure the respect level that officers display to community members. This work demonstrates that body camera footage can be used as a rich source of data rather than merely archival evidence, and paves the way for developing powerful language-based tools for studying and potentially improving police–community relations. "

The study included random selections of 312 utterances spoken to black residents and 102 utterances spoken to white residents. Next, 10 volunteers rated each interaction without knowing the names, races, or identifying information of the police officers. Then, the researchers used a computer model to analyze the ratings based upon scientific literature about respect.

Why this study is important:

"Despite the rapid proliferation of body-worn cameras, no law enforcement agency has systematically analyzed the massive amounts of footage these cameras produce. Instead, the public and agencies alike tend to focus on the fraction of videos involving high-profile incidents, using footage as evidence of innocence or guilt in individual encounters... Previous research on police–community interactions has relied on citizens’ recollection of past interactions or researcher observation of officer behavior to assess procedural fairness. Although these methods are invaluable, they offer an indirect view of officer behavior and are limited to a small number of interactions...

Key findings from the full report:

"... white community members are 57% more likely to hear an officer say one of the most respectful utterances in our dataset, whereas black community members are 61% more likely to hear an officer say one of the least respectful utterances in our dataset. (Here we define the top 10% of utterances to be most respectful and the bottom 10% to be least respectful.) This work demonstrates the power of body camera footage as an important source of data, not just as evidence, addressing limitations with methodologies that rely on citizens’ recollection of past interactions..."

Perhaps, most importantly (bold emphasis added):

"The racial disparities in officer respect are clear and consistent, yet the causes of these disparities are less clear. It is certainly possible that some of these disparities are prompted by the language and behavior of the community members themselves, particularly as historical tensions in Oakland and preexisting beliefs about the legitimacy of the police may induce fear, anger, or stereotype threat. However, community member speech cannot be the sole cause of these disparities... We observe racial disparities in officer respect even in police utterances from the initial 5% of an interaction, suggesting that officers speak differently to community members of different races even before the driver has had the opportunity to say much at all."

"Regardless of cause, we have found that police officers’ interactions with blacks tend to be more fraught, not only in terms of disproportionate outcomes (as previous work has shown) but also interpersonally, even when no arrest is made and no use of force occurs. These disparities could have adverse downstream effects, as experiences of respect or disrespect in personal interactions with police officers play a central role in community members’ judgments of how procedurally fair the police are as an institution, as well as the community’s willingness to support or cooperate with the police."

The findings indicate training opportunities for law enforcement, and apply only to the Oakland, California police department. Additional studies are needed to draw conclusions about other police departments. CNN interviewed Rob Voigt, the lead author of the study at Stanford University:

"We're also hoping it inspires police departments to consider cooperating with researchers more. And facilitating this kind of analysis of body camera footage will help police departments improve their relationship with the community, and it will give them techniques for better communication... When people feel they're respected by the police, they are more likely to trust the police, they are more likely to cooperate with the police, and so on and so forth. So we have reason to expect that these differences that we find have real-world effects."

I look forward to future studies. What are your opinions?


The Top Complaints About Financial Services. One Complaint Type Grew 325 Percent

Logo for Consumer Financial Protection Bureau After encountering unresolved issues with financial services, many consumers file complaints with the Consumer Financial Protection Bureau (CFPB). After each complain, the CFP works hard to get each consumer a reply within 15 days. This process allows the CFPB to track which issues affect most consumers, and to identify emerging problems.

According to its April Monthly Complaint Report, debt collection issues generated the most complaints on average, and complaints about student loans grew the fastest:

"As of April 1, 2017, the CFPB has handled approximately 1,163,200 complaints, including approximately 28,000 complaints in March 2017... Student loan complaints showed the greatest percentage increase from January - March 2016 (773 complaints) to January - March 2017 (3,284 complaints), representing about a 325 percent increase. Part of this year-to-year increase can be attributed to the CFPB updating its student loan complaint form to accept complaints about Federal student loan servicing in late February 2016. The CFPB also initiated an enforcement action against a student loan servicer during this time period."

CFPB Monthly Compalint Report. April, 2017. Table 1. Click to view larger version

The top five categories of complaints about during March, 2017:

  1. Debt collection: 8,711
  2. Credit reporting: 5,498
  3. Mortgages: 3,965
  4. Credit cards: 2,522
  5. Bank account or service: 2,476

Also during March: debt collection complaints represented about 31 percent of complaints; debt collection, credit reporting and mortgage were the top three most-complained-about consumer financial products and services. Together, these three categories represented 65 percent of complaints during March.

The top five categories of complaints since the CFPB began:

  1. Debt collection: 316,810
  2. Mortgages: 272,153
  3. Credit reporting: 195,826
  4. Credit cards: 118,732
  5. Bank account or service: 115,055

The CFPB began accepting complaints for different products and services at different times:

There were regional differences in complaint volume:

"Montana (54 percent), Georgia (46 percent), and Wyoming (45 percent) experienced the greatest complaint volume percentage increase from January - March 2016 to January - March 2017. New Mexico (-20 percent), Iowa (-5 percent), and Kansas (-0.7 percent) experienced the greatest complaint volume percentage decrease... Of the five most populated states, Texas (35 percent) experienced the greatest complaint volume percentage increase and Florida (8 percent) experienced the least complaint volume percentage increase from January - March 2016 to January - March 2017."

The report also tracks complaints by company:

CFPB Monthly Complaint Report. April, 2017. Figure 1. Click to view larger version

The CFPB reported additional details about student loan complaints:

"Approximately 32,700 (or 74 percent) of all student loan complaints handled by the CFPB from July 21, 2011 through March 31, 2017 were sent by the CFPB to companies for review and response. The remaining complaints have been found to be incomplete (7 percent), referred to other regulatory agencies (19 percent), or are pending with the CFPB or the consumer (0.5 percent and 0.4 percent, respectively)... The most common issues identified by consumers are problems dealing with their lenders or servicers (64 percent) and being unable to repay their loans (33 percent)."

"Federal student loan borrowers reported that when contacting their loan servicers regarding financial distress, servicers provided them with information on hardship forbearance or deferment, instead of potentially more beneficial repayment options like income-driven repayment plans... loan borrowers complained of difficulty enrolling in income-driven repayment plans. Borrowers reported lost documentation, extended application processing times, and unclear guidance when seeking to switch from one income-driven repayment plan to another."

Federal student loan borrowers described their experiences when trying to obtain guidance in completing annual income recertification for their income-driven repayment plan. Borrowers reported receiving insufficient information from their servicers to meet recertification deadlines and lengthy processing times. Some federal student loan borrowers stated their payments were misapplied. Borrowers reported overpayments were not applied to specified accounts but rather applied to all accounts managed by the servicer. Additionally, some borrowers’ overpayments—intended to reduce principal balance—were credited to the account as an early payment, resulting in their ac count reflecting a paid ahead status..."

To read more, download the full "April 2017: CFPB Monthly Complaint Report: Vol. 22" (Adobe PDF).


Espionage Groups Target Apple Devices With New Malware

ZDNet reported about a group performing multiple online espionage campaigns which targeted:

"... Mac users with malware designed to steal passwords, take screenshots, and steal backed-up iPhone data. This malware, discovered by cybersecurity researchers at Bitdefender, is thought to be linked to the APT28 group, which was accused of interferring in the United States presidential election. Bitdefender notes a number of similarities between the malware attacks against Macs -- which have been taking place since September 2016 -- and previous campaigns by the group, believed to be closely linked to Russia military intelligence and also dubbed Fancy Bear. Known as Xagent, the new form of malware targets victims running Mac OS X and installs a modular backdoor onto the system which enables the perpetrators to carry out cyberespionage activities... Xagent is also capable of stealing iPhone backups stored on a compromised Mac, an action which opens up even more capabilities for conducting cyberespionage, providing the perpetrators with access to additional files..."


Federal Reserve Study: Noncash Payments In The United States

Americans still love to use the plastic in their wallets and purses. Just before the holidays, the Federal Reserve Board (FRB) released the results of its study about how Americans use non-cash payment methods: debit cards, credit cards, prepaid cards, ACH payments, and checks. The study included the total number and value of non-cash payments by consumers and businesses through 2015.

The total number of U.S. non-cash payments was more than 144 billion payments with a value of almost $178 trillion in 2015. That represented an increase of almost 21 billion payments or about $17 trillion since 2012. Other key findings from the study:

"The number of debit card payments (including payments with prepaid and non-prepaid cards) grew to 69.5 billion in 2015 with a value of $2.56 trillion, up 13.0 billion or $0.46 trillion since 2012. This was the largest increase in number of payments among the payment types considered. Debit card payments grew at an annual rate of 7.1 percent by number or 6.8 percent by value from 2012 to 2015 with most of the growth occurring in non-prepaid debit card payments. The number of credit card payments reached 33.8 billion in 2015 with a value of $3.16 trillion, up 6.9 billion or $0.61 trillion since 2012. Credit card payments grew at an annual rate of 8.0 percent by number or 7.4 percent by value from 2012 to 2015, the largest growth rates among the payment types considered... The number of check payments fell to 17.3 billion with a value of $26.83 trillion, down 2.5 billion or $0.38 trillion since 2012. Check payments fell at an annual rate of 4.4 percent by number or 0.5 percent by value from 2012 to 2015. The decline of checks over the period was slower than previous studies had shown for prior periods since 2003."

Prepaid cards typically include gift cards and payroll cards which consumers load money onto and which aren't linked to bank accounts (e.g., checking, savings). Past studies have documented numerous fees with prepaid cards while some consumers use prepaid cards instead of traditional bank accounts. "Non-prepaid debit cards" refer to debit cards linked to traditional bank accounts.

There are significant differences between the volume and value for each non-cash payment type. For example, debit cards generated the largest share of payment volume and the smallest share by value:

Figure 1: Distribution of noncash payments by type, volume and value in 2015. FRB Study 2016. Click to view larger version

Another way of looking at the variety of non-cash payment types is the volume of payments over time:

Figure 2: Volume of noncash payments from 2000 to 2015. FRB Study 2016. Click to view larger version

Additional findings about prepaid cards:

"The number of prepaid debit card payments reached 9.9 billion with a value of $0.27 trillion in 2015, up 0.6 billion or $0.04 trillion since 2012. Almost all of the growth in prepaid debit card payments by number and value came from general-purpose prepaid cards, which can be used over the same general-purpose networks as non-prepaid debit cards. General-purpose prepaid card payments increased to 3.7 billion in 2015 by number, up 0.6 billion from 2012 to 2015, which was much less than the growth of 1.8 billion from 2009 to 2012... The average value of payments using these types of cards dropped slightly from $35 in 2012 to $34 in 2015.

Private-label prepaid card payments declined slightly by number, but rose somewhat by value from 2012 to 2015. In 2012, such payments totaled 3.7 billion by number or $0.05 trillion by value, while, in 2015, they totaled 3.6 billion by number or $0.07 trillion by value. Private-label prepaid card payments dropped at an annual rate of 0.3 percent by number but rose 15.0 percent by value. Hence, the average value of these payments rose from $13 to $20.

Payments made by prepaid EBT cards increased slightly from 2.5 billion in 2012 to 2.6 billion in 2015, or 1.7 percent per year, while the value of these payments also increased slightly from $0.07 trillion to $0.08 trillion, or 0.20 percent per year. The average value of prepaid EBT card payments declined slightly, from $30 to $29.

In 2015, non-prepaid debit and general-purpose prepaid cards were used in 5.8 billion cash withdrawals at ATMs, virtually the same level as in 2012, after dropping from 6.0 billion ATM cash withdrawals in 2009. The average value of ATM cash withdrawals rose from $118 to $122 between 2012 and 2015, continuing an upward trend in average value since 2003."

To minimize fraud and waste, banks and retailers began the migration to chip cards in the United States in 2015. The FRB study included findings about fraud:

"Payments with general-purpose cards using embedded microchips, which improve the security of in-person payments to help prevent fraud, have grown by 230 percent per year since 2012. But payments with the chip-based cards amounted to only about 2 percent share of total in-person general-purpose card payments in 2015, reflecting the early stages of a broad industry effort to roll out chip card technology. In 2015, the proportion of total general-purpose card fraud by value attributed to counterfeiting, the most prevalent type of in-person card fraud in the United States, was substantially greater than in countries where chip technology has been more widely adopted."

The United States was one of the last developed countries to switch to chip cards. So, chip card usage in the United States still has a long way to go. The types of fraud with debit/credit/prepaid cards:

  • Counterfeit card: Fraud is perpetrated using an altered or cloned card.
  • Lost or stolen card: Fraud is undertaken using a lost or stolen card.
  • Card issued but not received: A newly issued card sent via postal mail to a cardholder is intercepted and used to commit fraud.
  • Fraudulent application: A new card is issued based on a fake identity or on someone else’s identity.
  • Other: “Other” fraud includes account takeover and other types of fraud not covered above.
  • Fraudulent use of account number: Fraud is perpetrated without using a physical card.

Fraud is perpetrated via two channels: 1) in-person when the cardholder has their card, and 2) remote when the cardholder is not present (e.g., postal mail, online, telephone). To learn more, download the "2016 Federal Reserve Payments Study" (Adobe PDF) and/or read the FRB announcement.


Researchers Conclude Voting Systems In the USA Are Vulnerable To Hacking And Errors

McClatchyDC reported:

"Pennsylvania is one of 11 states where the majority of voters use antiquated machines that store votes electronically, without printed ballots or other paper-based backups that could be used to double-check the balloting. There's almost no way to know if they've accurately recorded individual votes — or if anyone tampered with the count... These paperless digital voting machines, used by roughly 1 in 5 U.S. voters last month, present one of the most glaring dangers to the security of the rickety, underfunded U.S. election system."

I strongly suggest that all voters read the entire McClatchyDC article. It is an eye-opener. Let's unpack the above paragraph. There's plenty to consider.

First, a significant number of voting districts across the nation use only paperless digital voting machines. A prior blog post confirmed this usage:

"... half of registered voters (47%) live in jurisdictions that use only optical-scan as their standard voting system, and about 28% live in DRE-only jurisdictions... Another 19% of registered voters live in jurisdictions where both optical-scan and DRE systems are in use... Around 5% of registered voters live in places that conduct elections entirely by mail – the states of Colorado, Oregon and Washington, more than half of the counties in North Dakota, 10 counties in Utah and two in California. And in more than 1,800 small counties, cities and towns – mostly in New England, the Midwest and the inter-mountain West – more than a million voters still use paper ballots that are counted by hand."

That prior blog post also included a map with voting technologies by district. Second, the paperless digital voting machines make recounts difficult to impossible. Why? They lack printed ballots or paper backups to re-scan and verify against the machines' recorded totals. Optical-scan voting machines are better since they use paper ballots. Those paper ballots can be re-scanned during a recount to verify the machines' totals. Reportedly, advanced countries including Germany, Britain, Japan and Singapore all require scannable paper ballots.

Third, all of this means paperless digital voting machines are a hacker's delight. Or a corrupt politician's delight. If one is going to hack voting systems with a low to zero chance of getting caught, then smart hackers would target machines without paper backups where tampering would be impossible to detect during recounts.

Fourth, the vulnerabilities aren't just theory, or what-ifs. The McClathcyDC article also reported:

"But a cadre of computer scientists from major universities backed Stein's recounts to underscore the vulnerability of U.S. elections. These researchers have been successfully hacking e-voting machines for more than a decade in tests commissioned by New York, California, Ohio and other states."

You can easily find reports online about the vulnerable machines, such as the Sequoia AVC Advantage used in Louisiana, New Jersey, Virginia, and Pennsylvania. Another example: last year, the State of Virginia de-certified using the AVS WINVote made by Advanced Voting Solutions, which had previously been used also in Pennsylvania and Mississippi. The security review by the Virginia Information Technologies Agency (Adobe PDF) is available online.

The Brennan Center for Justice (BCJ) produced a report in 2015: "America's Voting Machines At Risk" (Adobe PDF). The BCJ interviewed more than 30 state and 80 local election officials, plus dozens of election technology, administration and security experts. They also gathered input from "computer scientists, policy analysts, usability experts, election security experts, voting equipment vendors, and various innovators in the field of election technology." The BCJ's report summarized the problem:

"... an impending crisis... from the widespread wearing out of voting machines purchased a decade ago... Jurisdictions do not have the money to purchase new machines, and legal and market constraints prevent the development of machines they would want even if they had funds..."

The BCJ found:

"Unlike voting machines used in past eras, today’s systems were not designed to last for decades. In part this is due to the pace of technological change... although today’s machines debuted at the beginning of this century, many were designed and engineered in the 1990s... experts agree that for those purchased since 2000, the expected lifespan for the core components of electronic voting machines is between 10 and 20 years, and for most systems it is probably closer to 10 than 20... 43 states are using some machines that will be at least 10 years old in 2016. In most of these states, the majority of election districts are using machines that are at least 10 years old. In 14 states, machines will be 15 or more years old.

Nearly every state is using some machines that are no longer manufactured and many election officials struggle to find replacement parts. The longer we delay purchasing new equipment, the more problems we risk. The biggest risk is increased failures and crashes, which can lead to long lines and lost votes.

Older machines can also have serious security and reliability flaws that are unacceptable today. For example, Virginia recently decertified a voting system used in 24 percent of precincts after finding that an external party could access the machine’s wireless features to “record voting data or inject malicious data... Several election officials mentioned “flipped votes” on touch screen machines, where a voter touches the name of one candidate, but the machine registers it as a selection for another... Election jurisdictions in at least 31 states want to purchase new voting machines in the next five years. Officials from 22 of these states said they did not know where they would get the money to pay for them."

The USA can do better. It must do better. State and local elections officials must find the money. Elected politicians must help them find the money. Our democracy is at stake.

There is a glimmer of good news. Researchers at Rice University have developed a digital voting machine prototype that prints a paper trail. The paper trail provide verification of voters' selections, which would facilitate recounts and should replace the paperless DRE equipment. It is one of three publicly funded projects across the country. Bidding is open for manufacturers to produce the equipment.

While Stein's recount efforts ultimately failed, the vulnerabilities still exist. As McClatchyDC reported:

"The U.S. voting system — a loosely regulated, locally managed patchwork of more than 3,000 jurisdictions overseen by the states — employs more than two dozen types of machinery from 15 manufacturers.

So, something needs to be done soon to increase the security of DRE or paperless digital voting machines. It's time for voters to demand better voting security and accountability from state and local elections officials (and their politicians) who selected paperless voting equipment for their districts. It seems foolish to tighten voter ID and registration procedures while both under-funding and ignoring the vulnerabilities with paperless digital voting machines.

What are your opinions?


EPA Concludes Fracking a Threat to U.S. Water Supplies

[Editor's note: Today's guest post is by reporters at ProPublica. This new story was originally published on December 14, 2016. It is reprinted with permission.]

by Patrick G. Lee, ProPublica

Starting in 2008, ProPublica published stories that found hydraulic fracking had damaged drinking water supplies across the country. The reporting examined how fracking in some cases had dislodged methane, which then seeped into water supplies. In other instances, the reporting showed that chemicals related to oil and gas production through fracking were winding up in drinking water, and that waste water resulting from fracking operations was contaminating water sources.

Many environmentalists hailed the reporting. The gas drilling industry, for its part, pushed back, initially dismissing the accounts as anecdotal at best.

This week, the Environmental Protection Agency issued its latest and most thorough report on fracking's threat to drinking water, and its findings support ProPublica's reporting. The EPA report found evidence that fracking has contributed to drinking water contamination 2014 "cases of impact" 2014 in all stages of the process: water withdrawals for hydraulic fracturing; spills during the management of hydraulic fracturing fluids and chemicals; injection of hydraulic fracturing fluids directly into groundwater resources; discharge of inadequately treated hydraulic fracturing wastewater to surface water resources; and disposal or storage of hydraulic fracturing wastewater in unlined pits, resulting in contamination of groundwater resources.

In an interview, Amy Mall, a senior policy analyst at the National Resources Defense Council, said the EPA's report was welcome.

"Many of us have been working on this issue for many years, and industry has repeatedly said that there is no evidence that fracking has contaminated drinking water," Mall said.

The EPA report comes a year after its initial set of findings set off fierce criticism by environmental advocates and health professionals. That report, issued in 2015, said the agency had found no evidence that fracking had "led to widespread, systemic impacts on drinking water resources." Many accused the agency of pulling its punches and adding to confusion among the public. News organizations throughout the U.S. interpreted the EPA's language to mean it had concluded fracking did not pose a threat to water supplies and public health.

The EPA said in its report this week that the sentence about the lack of evidence of systemic issues had been intentionally removed because the agency's scientists had "concluded it could not be quantitatively supported."

"I think one of the concerns about the original document was that the EPA seemed to say that everything was fine," said Rob Jackson, a professor of earth-system science at Stanford University. "It's important that we understand the ways and the cases where things have gone wrong, to keep them from happening elsewhere."

The EPA's latest declaration comes as a Trump administration apparently hostile to almost any kind of regulation of fracking prepares to assume office. But those worried about fracking's implications for the environment have long been discouraged by the lack of consistent and stringent state or federal regulation.

"Because state regulators have not fully investigated cases of drinking water contamination, and because federal regulators have been handcuffed by Congress into how much they can regulate, the science wasn't as robust as it should have been," said Mall, the analyst at NRDC. "It's a pattern of, the rules are too weak, and the ones that are on the books aren't enforced enough."

The more significant impact of a Trump administration, however, may be in limiting the EPA's appetite for aggressive and continued study. The report issued this week was six years in the making, but made clear there was still much work to be done to better and more comprehensively determine fracking's impact on the environment, chiefly water supplies.

"It was not possible to calculate or estimate the national frequency of impacts on drinking water resources from activities in the hydraulic fracturing water cycle or fully characterize the severity of impacts," the report said.

The Trump administration's transition team did not immediately respond to an e-mailed request for comment about its position on fracking and the EPA's final report. Trump's transition website promises to "unleash an energy revolution" and "streamline the permitting process for all energy projects." It also says it will "refocus the EPA on its core mission of ensuring clean air, and clean, safe drinking water for all Americans."

Advocates for hydraulic fracturing argue that the final EPA report is not vastly different from the draft version.

"Anecdotal evidence about localized impacts does not disprove the central thesis, which is that there is no evidence of widespread or systemic impacts," said Scott Segal, a partner at Bracewell LLP who represents oil and gas developers. "There's a lot of exaggeration. There's a lot of mischaracterization of the extent of contamination that's based on a desire to enhance recovery in tort liability lawsuits."

Read more of ProPublica's major work on fracking.

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How To Spot Fake News And Not Get Duped

You may have heard about the "pizzagate" conspiracy -- fake news about a supposed child-sex ring operating from a pizzeria in Washington, DC. A heavily armed citizen drove from North Carolina to the pizzeria to investigate to investigate the bogus child-sex ring supposedly run by Presidential candidate Hillary Clinton. The reality: no sex ring. That citizen had been duped by fake news. Shots were fired, and thankfully nobody was hurt.

CBS News reported that the pizzagate conspiracy had been promoted by Michael G. Flynn, son of retired General Michael T. Flynn, Donald Trump's pick for national security adviser. As a result, the younger Flynn resigned Tuesday from President-Elect Trump's transition team.

I use the phrase "fake news" for several types of misleading content: propaganda, unproven or fact-free conspiracy theories, disinformation, and clickbait. The pizzagate incident highlighted two issues: a) fake news has consequences, and b) many people don't know how to distinguish real news from fake news. So, while political operatives reportedly have used a combination of fake news, ads, and social media to both encourage supporters to vote and discourage opponents from voting, there clearly are other real-life consequences.

To help people spot fake news, NPR reported:

"Stopping the proliferation of fake news isn't just the responsibility of the platforms used to spread it. Those who consume news also need to find ways of determining if what they're reading is true. We offer several tips below. The idea is that people should have a fundamental sense of media literacy. And based on a study recently released by Stanford University researchers, many people don't."

The report is enlightening. In the "Evaluating Information: The Cornerstone of Civic Online Reasoning" report, researchers at Stanford University tested about 7,804 students in 12 states between January 2015 and June 2016. They found:

"... at each level—middle school, high school, and college—these variations paled in comparison to a stunning and dismaying consistency. Overall, young people’s ability to reason about the information on the Internet can be summed up in one word: bleak. Our “digital natives” may be able to flit between Facebook and Twitter while simultaneously uploading a selfie to Instagram and texting a friend. But when it comes to evaluating information that flows through social media channels, they are easily duped... We would hope that middle school students could distinguish an ad from a news story. By high school, we would hope that students reading about gun laws would notice that a chart came from a gun owners’ political action committee. And, in 2016, we would hope college students, who spend hours each day online, would look beyond a .org URL and ask who’s behind a site that presents only one side of a contentious issue. But in every case and at every level, we were taken aback by students’ lack of preparation... Many [people] assume that because young people are fluent in social media they are equally savvy about what they find there. Our work shows the opposite."

This is important for both individuals and the future of the nation because:

"For every challenge facing this nation, there are scores of websites pretending to be something they are not. Ordinary people once relied on publishers, editors, and subject matter experts to vet the information they consumed. But on the unregulated Internet, all bets are off... Never have we had so much information at our fingertips. Whether this bounty will make us smarter and better informed or more ignorant and narrow-minded will depend on our awareness of this problem and our educational response to it. At present, we worry that democracy is threatened by the ease at which disinformation about civic issues is allowed to spread and flourish."

While the study focused upon students, but older persons have been duped, too. The suspect in the pizzeria incident was 28 years old. The Stanford report focused upon what teachers and educators can do to better prepare students. According to the researchers, additional solutions are forthcoming.

What can you do to spot fake news? Don't wait for sites and/or social media to do it for you. Become a smarter consumer. The NPR report suggested:

  1. Pay attention to the domain and URL
  2. Read the "About Us" section of the site
  3. Look at the quotes in a story
  4. Look at who said the quotes

All of the suggestions require readers to take the time to understand the website, publication, and/or publisher. A little skepticism is healthy. Also verify the persons quoted and whether the persons quoted are who the article claims. And, verify that any images used actually relate to the event.

We all have to be smarter consumers of news in order to stay informed and meet our civic duties, which includes voting. Nobody wants to vote for politicians that don't represent their interests because they've been duped. To the above list, I would add:

  • Read news wires. These sites include the raw, unfiltered news about who, when, where, and what happened. Some suggested sources: : Associated Press (AP), Reuters, and United Press International (UPI)
  • Learn to recognize advertisements
  • Learn the differences between different types of content: news, opinion, analysis, satire/humor, and entertainment. Reputable sites will label them to help readers.

If you don't know the differences and can't spot each type, then you are likely to get duped.


Voting Technologies By County Across The United States

State and local governments across the United States use a variety of voting technologies. Chances are, you voted on Tuesday using one of two dominant technologies: optical-scan ballots or direct-recording electronic (DRE) devices. Optical-scan ballots are paper ballots where voters fill in bubbles or other machine-readable marks. DRE devices include touch-screen devices that store votes in computer memory.

The Pew Research Center analyzed data from the Verified Voting Foundation, a nongovernmental organization, and found that almost:

"... half of registered voters (47%) live in jurisdictions that use only optical-scan as their standard voting system, and about 28% live in DRE-only jurisdictions... Another 19% of registered voters live in jurisdictions where both optical-scan and DRE systems are in use... Around 5% of registered voters live in places that conduct elections entirely by mail – the states of Colorado, Oregon and Washington, more than half of the counties in North Dakota, 10 counties in Utah and two in California. And in more than 1,800 small counties, cities and towns – mostly in New England, the Midwest and the inter-mountain West – more than a million voters still use paper ballots that are counted by hand."

Previously, voting systems nationwide used punch-card devices and "lever machines" which were slowly replaced since 1980 by optical-scan and DRE devices. You may remember voting with one of the old-style lever machines, a self-contained voting booth where voters flips switches for candidates and then pulled a large lever to record their votes:

"Punch cards hung on throughout the 1990s but gradually lost ground to optical-scan and electronic systems – a decline that accelerated sharply after the 2000 Florida election recount debacle that brought the term “hanging chad” to brief prominence. But as punch cards faded away (the last two jurisdictions to use them, Franklin and Shoshone counties in Idaho, abandoned them after the 2014 elections), some voters became concerned that fully electronic voting would not generate any “paper trail” for future recounts. According to Verified Voting, of the 53,608 jurisdictions that use DRE equipment as their major voting method, almost three-quarters use systems that don’t create paper receipts or other hard-copy records of voters’ choices."

In August of this year, Wired reported about the state of security of the DRE devices:

"What people may not remember is the resulting Help America Vote Act (HAVA), passed in 2002, which among other objectives worked to phase out the use of the punchcard voting systems that had caused millions of ballots to be tossed. In many cases, those dated machines were replaced with electronic voting systems. The intentions were pure. The consequences were a technological train wreck.

“People weren’t thinking about voting system security or all the additional challenges that come with electronic voting systems,” says the Brennan Center’s Lawrence Norden. “Moving to electronic voting systems solved a lot of problems, but created a lot of new ones.”

The list of those problems is what you’d expect from any computer or, more specifically, any computer that’s a decade or older. Most of these machines are running Windows XP, for which Microsoft hasn’t released a security patch since April 2014. Though there’s no evidence of direct voting machine interference to date, researchers have demonstrated that many of them are susceptible to malware or, equally if not more alarming, a well-timed denial of service attack."

Experts have said that, besides better built and more secure DREs, post-election auditing -- checking vote totals against paper ballots -- is the best way to ensure accurate vote totals. Reportedly, more than half of states perform post-election audits.

So, it seems appropriate for citizens living in counties that use antiquated DREs, or that don't perform post-election audits, to contact their elected representatives and demand improvements. Good entities to contact are the elections departments in your city, or the Secretary in your state. Find your state in this list. Below is an image of voting technologies by county:

Pew Research Voting technologies by county in the United States. Click to view larger version


Connected Cars: 4 Tips For Drivers To Stay Safe Online

With the increasing dominance of the Internet of Things (IoT), connected cars are becoming more ubiquitous than ever. We’ve long heard warnings from the media about staying safe online, but few consumers consider data hacks and other security compromises while driving a car connected to the internet.

According to the inforgraphic below from Arxan, an app protection company, 75 percent of all cars shipped globally will have internet connectivity by 2020, and current connected cars have more than 100 million lines of code. Connected features are designed to improve safety, fuel efficiency, and overall convenience. These features range from Bluetooth, WiFi, cellular network connections, keyless entry systems, to deeper “cyberphysical” features like automated braking, and parking and lane assist.

More Features Means More Vulnerability
However, with this increasing connectivity comes risks from malicious hacking. Today, connected cars have many attack points malicious hackers can exploit, including the OBD2 port used to connect third-party devices, and the software running on infotainment systems.

According to Arxan, some of the more vulnerable attack points are mobile apps that unlock vehicles and start a vehicle remotely, diagnostic devices, and insurance dongles, including the ones insurance companies give to monitor and reward safe drivers. These plug into the OBD2 port, but hackers could essentially access any embedded system in the car after lifting cryptographic keys, as the Arxan page on application protection for connected cars describes.

Vulnerabilities are usually demonstrated in conferences like Black Hat. Example: in 2010, researchers at the University of Washington and the University of California San Diego hacked a car that had a variety of wireless capabilities. The vulnerable attack points they targeted included its Bluetooth, the cellular radio, an Android app on the owner’s phone that was connected to the car’s network, and an audio file burned onto a CD in the car’s stereo. In 2013, hackers Charlie Miller and Chris Valasek hijacked the steering and brake systems of both a Ford Escape and Toyota Prius with only their laptops.

How To Protect Yourself
According to the FBI and Department of Transportation in a public service announcement, it’s crucial that consumers following the following recommendations to best protect themselves:

  1. Keep your vehicle’s software up to date
  2. Stay aware of recalls that require manual security patches to your car’s code
  3. Avoid unauthorized changes to your car’s software
  4. Use caution when plugging insecure devices into the car’s ports and network

With the latest remote hack of a Tesla Model S, it seems that the response time between finding out about a breach and issuing a patch to correct it is thankfully getting shorter. As more automakers become tech-oriented like Tesla, they will also need to cooperate with OEMs to make sure the operating-system software in their vehicles is designed securely. It seems, this will take time, coordination with vendors, and money to bring these operations in house.

Arxan connected vehicles infographic

What do you do to protect your Internet-connected vehicle? What security tools and features would you prefer automakers and security vendors provide?


Report Documents The Problems And Privacy Risks With Unregulated Facial Recognition Databases By Law Enforcement

According to a report by the Center on Privacy and Technology (CPT) at Georgetown Law school, about 48 percent of adult Americans -- 117 million people-- are already profiled in facial-recognition databases by law enforcement. The U.S. Federal Bureau of Investigation (FBI) maintains a facial-recognition database, but local police departments do, too.

Issues raised by findings in the report:

"Across the country, state and local police departments are building their own face recognition systems, many of them more advanced than the FBI’s. We know very little about these systems. We don’t know how they impact privacy and civil liberties. We don’t know how they address accuracy problems. And we don’t know how any of these systems—local, state, or federal—affect racial and ethnic minorities."

Facial recognition software is not new, and the report acknowledges that its use is inevitable by law enforcement. The facts include:

"FBI face recognition searches are more common than federal court-ordered wiretaps. At least one out of four state or local police departments has the option to run face recognition searches through their or another agency’s system. At least 26 states (and potentially as many as 30) allow law enforcement to run or request searches against their databases of driver’s license and ID photos. Roughly one in two American adults has their photos searched this way... Historically, FBI fingerprint and DNA databases have been primarily or exclusively made up of information from criminal arrests or investigations. By running face recognition searches against 16 states’ driver’s license photo databases, the FBI has built a biometric network that primarily includes law-abiding Americans. This is unprecedented and highly problematic..."

The report does not want to stop facial-recognition software usage, and it acknowledges that most law enforcement personnel do not want to invade citizens' privacy. The report' raises concerns based upon the data collection primarily includes law-abiding citizens and not just criminals; plus the lack of transparency and regulation regarding accuracy, training, and deployment. Some of the uses that raise concerns:

"Real-time face recognition lets police continuously scan the faces of pedestrians walking by a street surveillance camera... at least five major police departments—including agencies in Chicago, Dallas, and Los Angeles—either claimed to run real-time face recognition off of street cameras, bought technology that can do so, or expressed a written interest in buying it... A face recognition search conducted in the field to verify the identity of someone who has been legally stopped or arrested is different, in principle and effect, than an investigatory search of an ATM photo against a driver’s license database, or continuous, real-time scans of people walking by a surveillance camera. The former is targeted and public. The latter are generalized and invisible. While some agencies, like the San Diego Association of Governments, limit themselves to more targeted use of the technology, others are embracing high and very high risk deployments."

The report described specific examples of usage at the state and local levels:

"No state has passed a law comprehensively regulating police face recognition. We are not aware of any agency that requires warrants for searches or limits them to serious crimes. This has consequences. The Maricopa County Sheriff’s Office enrolled all of Honduras’ driver’s licenses and mug shots into its database. The Pinellas County Sheriff’s Office system runs 8,000 monthly searches on the faces of seven million Florida drivers—without requiring that officers have even a reasonable suspicion before running a search..."

A major concern the report discussed is the:

"... real risk that police face recognition will be used to stifle free speech. There is also a history of FBI and police surveillance of civil rights protests. Of the 52 agencies that we found to use (or have used) face recognition, we found only one, the Ohio Bureau of Criminal Investigation, whose face recognition use policy expressly prohibits its officers from using face recognition to track individuals engaging in political, religious, or other protected free speech."

Another major concern the report discussed:

"Face recognition is less accurate than fingerprinting, particularly when used in real-time or on large databases. Yet we found only two agencies, the San Francisco Police Department and the Seattle region’s South Sound 911, that conditioned purchase of the technology on accuracy tests or thresholds. There is a need for testing. One major face recognition company, FaceFirst, publicly advertises a 95% accuracy rate but disclaims liability for failing to meet that threshold in contracts with the San Diego Association of Governments... Companies and police departments largely rely on police officers to decide whether a candidate photo is in fact a match. Yet a recent study showed that, without specialized training, human users make the wrong decision about a match half the time... an FBI co-authored study suggests that face recognition may be less accurate on black people..."

Regarding the lack of transparency by law enforcement:

"Ohio’s face recognition system remained almost entirely unknown to the public for five years. The New York Police Department acknowledges using face recognition; press reports suggest it has an advanced system. Yet NYPD denied our records request entirely. The Los Angeles Police Department has repeatedly announced new face recognition initiatives—including a “smart car” equipped with face recognition and real-time face recognition cameras—yet the agency claimed to have “no records responsive” to our document request. Of 52 agencies, only four (less than 10%) have a publicly available use policy. And only one agency, the San Diego Association of Governments, received legislative approval for its policy... Maryland’s system, which includes the license photos of over two million residents, was launched in 2011. It has never been audited. The Pinellas County Sheriff’s Office system is almost 15 years old and may be the most frequently used system in the country. When asked if his office audits searches for misuse, Sheriff Bob Gualtieri replied, “No, not really.” Despite assurances to Congress, the FBI has not audited use of its face recognition system, either..."

Learn more about the expanded facial-recognition system the FBI deployed in 2014. The New York Times reported last year about some of the problems:

"Facial recognition software, which American military and intelligence agencies used for years in Iraq and Afghanistan to identify potential terrorists, is being eagerly adopted by dozens of police departments around the country to pursue drug dealers, prostitutes and other conventional criminal suspects. But because it is being used with few guidelines and with little oversight or public disclosure... Law enforcement officers say the technology is much faster than fingerprinting at identifying suspects, although it is unclear how much it is helping the police make arrests... "

The CPT report proposed the following solutions to address privacy concerns:

  • Use mug-shot databases (and not driver’s license databases and ID photos) as the default for facial recognition searches. Periodically purge them of innocent persons,
  • Searches of driver's license databases and ID photos should require a court order showing probable cause, except in instances of identity theft and fraud,
  • Notify the public if the policy includes searches of databases maintained by motor-vehicle agencies,
  • Local communities should decide real-time facial recognition surveillance is used in public places of the public and/or with police-worn body cameras. Real-time facial recognition surveilance should be a last resort used only in life-threatening emergencies supported by probable cause with limits as to scope and duration.

The year-long investigation by the CPT included more than 100 records requests to police departments around the country. Read the full report: "The Perpetual Line-up: Unregulated Police Face Recognition in America."

We know the National Security Agency (NSA) uses facial recognition software. Some agencies probably acquire photos and related information from them, too. If so, this should be disclosed. In 2012, the U.S. Federal Trade Commission (FTC) proposed guidelines for facial-recognition by social networking sites, companies, and retail stores. Since governments are supposed to report to and serve citizens, similar guidelines should apply to law enforcement.

What are your opinions of real-time facial recognition surveillance? Of the issues raised by the CDT report?


Proposed Legislation in Michigan For Driverless Cars

The Stanford Center For Internet & Society (CIS) analyzed several draft driverless-car bills under consideration by legislators in Michigan. The analysis highlighted the issues and inconsistencies by the proposed legislation. First, the good news. While SB 995 repeals existing laws that ban driverless cars, it:

"... would return Michigan law to flexible ambiguity on the question of the legality of automated driving in general. The bill probably goes even further by expressly authorizing automated driving: It provides that "[a]n automated motor vehicle may be operated on a street or highway on this state," and the summary of the bill as reported from committee similarly concludes that SB 995 would "[a]llow an automated motor vehicle to be operated on a street or highway in Michigan." (This provision is somewhat confusing because it would be added to an existing statutory section that currently addresses only research and testing and because it would seem to subvert many restrictions on research tests and "on-demand automated motor vehicle networks.") Regardless, this bill would also exempt groups of closely spaced and tightly coordinated vehicles from certain following-distance requirements that are incompatible with platooning."

Platooning is a method for several driverless vehicles to operate together on highways with less space in between, than otherwise. Advocates claim this maximizes the capacity of highways. What does this mean for safety? Do consumers want platooning? Can drivers opt out? If platooning is allowed, then the driverless vehicle you ultimately buy must be outfitted with that software feature.

The drawbacks of the draft legislation:

"... The currently proposed language could mean that automated driving is lawful only in the context of research and development and "on-demand motor vehicle networks." Or it could mean that automated driving is lawful generally and that these networks are subject to more restrictive requirements. It could mean that any company could run a driverless taxi service, including motor vehicle manufacturers that might otherwise face unrelated and unspecified legal impediments. Or it could mean that a company seeking to run a driverless taxi service must partner with a motor vehicle manufacturer -- or that such a company must at least purchase production vehicles, the modification of which might then be restricted by SB 927 and 928 (see below). It could also mean that municipalities could regulate and tax only those driverless taxi services that do not involve a manufacturer..."

And:

"... SB 995 and 996 understandably struggle to reconcile an existing vehicle code with automated driving. Under existing Michigan law, a "driver" is "every person who drives or is in actual physical control of a vehicle," an "operator" is "a person, other than a chauffeur, who "[o]perates" either "a motor vehicle" or "an automated motor vehicle," and "operate" means either "[b]eing in actual physical control of a vehicle" or "[c]ausing an automated motor vehicle to move under its own power in automatic mode," which "includes engaging the automated technology of that automated motor vehicle for that purpose." The new bills would not change this language, but they would further complicate these concepts in several ways..."

I encourage you to read the long list of complications in the CIS analysis. Another key issue:

"Consider the provision that "an automated driving system ... shall be considered the driver or operator ... for purposes of determining conformance to any applicable traffic or motor vehicle laws." This provision says nothing about who or what the driver is for purposes of determining liability for a violation of those laws, particularly when there is no crash. SB 996 does provide that "a motor vehicle manufacturer shall assume liability for each incident in which the automated driving system is at fault," subject to the state's existing insurance code..."

The proposed legislation is important for several reasons. Besides platooning and the list of complications, it decides: a) which types of companies can operate driverless-car networks, b) who is liable and under what conditions, and c) who can repair driverless cars. All items affect consumers rights. A narrow definition of "A" (e.g., only automakers) would mean fewer competitors, and probably higher prices due to a lack of competition. Similarly, a narrow definition of "C" could mean fewer options and choices for consumers, with higher repair prices. Liability must be clear for instances when a driverless vehicle violates road laws; and especially when there is a crash and/or fatality.

Consistency and clarity matter, too. The final legislation and definitions also should be forward-thinking. It's not just driverless vehicles but also remotely-operated vehicles. Companies want remotely-operated ships on the oceans, and remotely-operated trucks are already used off-road for mining purposes. It seems wise to anticipate that off-road use will probably migrate to roads and highways.

Clearly, the proposed legislation in Michigan is not ready yet for prime time. This topic definitely bears monitoring.