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Comment Re:Nail everyone? (Score 1) 618

I don't think there is a flag to say we are in test mode. The car is not supposed to know that. There may well be a flag which says traction control is off. And yes, someone could wrongly use it. However we shouldn't forget the US smog laws explicitly ask the company to sign off that they are NOT using any such sensor flags to alter smog output. So if some engineer did that, and there was no audit procedure to check, then there was a lot of negligence going on.

Comment Re:Sometimes the ethical path is very clear (Score 1) 618

It might have happened like this, but we can't forget that the EPA explicitly asks for sign off that there are no defeat devices, aka sensors that alter smog output under certain conditions. Now you would think in 10 years of people signing off someone might have asked engineering to sign off on it, so that they could sign off and do an audit.

Comment Re:Nail everyone? (Score 1) 618

I'm not sure that absence of malice will get you out of the fines. The law says something about knowingly breaking the rules, or where you SHOULD have known you were breaking the rules. I suspect shipping violating cars for 10 years without doing anything would probably come under a case of where you should have known it is in violation.

"I never let my schooling get in the way of my education." -- Mark Twain