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Tesla Sued By Family Of Silicon Valley Driver Killed In Model X Autopilot Crash

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The family of a Tesla owner killed in a crash in the heart of Silicon Valley while driving his Model X with the Autopilot feature engaged has filed a wrongful death lawsuit against the carmaker, claiming the semi-automated driving feature is defective and was the cause.

Walter Huang, who was 38, died when his vehicle slammed into a concrete highway barrier on U.S. 101 in Mountain View, California, on March 23, 2018. The vehicle’s semi-automated system misread lane lines on the road, didn’t detect the concrete median and didn’t brake the Model X, but accelerated into the barrier, according to the complaint filed in the state court for Santa Clara County on April 26.

Tesla is “beta testing its Autopilot software on live drivers,” Mark Fong, a partner at Minami Tamaki, one of the firms representing Huang’s family, said in a statement. “The Huang family wants to help prevent this tragedy from happening to other drivers using Tesla vehicles or any semi-autonomous vehicles.”

Allegations against Tesla in the lawsuit include product liability, defective product design, failure to warn, intentional and negligent misrepresentation and false advertising. The complaint, which didn’t specify the amount of damages being sought, also names the State of California as a defendant for failing to replace a missing guard rail around the median that might have lessened the impact of the crash.

Tesla declined to comment on the lawsuit. The California Attorney General’s office didn’t respond to requests for comment.

The lawsuit comes a little over a week after CEO Elon Musk touted gains being made in Tesla’s automated drive technology, including a new computer designed specifically for autonomous vehicles, and plans to have “full self-driving” Teslas on the road by as early as next year. Tesla has said that drivers of its current system should always be ready to retake control of the car; the system has visual and audio alerts if hands are away from the steering wheel for an extended period. But the company’s marketing materials and its future-oriented CEO have come under fire for touting Autopilot’s capabilities, possibly encouraging drivers to abdicate more control than is safe.

After the Mountain View crash, the company said it was deeply saddenedand that “safety is at the core of everything we do and every decision we make, so the loss of a life in an accident involving a Tesla vehicle is difficult for all of us.”

In preparing the complaint, Fong said lawyers representing the family had access to Huang’s vehicle, but not to data collected by Tesla. “We had access to the car but the data in the car is proprietary. Tesla possesses that and the ability to decrypt it,” he said during a press conference on Wednesday. “We downloaded what we could that was in the public domain, shall we say, that’s able to be accessed by non-proprietary sources.”

Autopilot is a semi-automated system for use during highway driving and although Tesla cautions drivers to be ready to retake control, Huang wasn’t the first person killed while using it.

There have been multiple accidents, some fatal, involving drivers using Autopilot, beginning most notably with a 2016 crash in Florida that killed 40-year-old Joshua Brown. He was using Autopilot when his car slammed into a truck that crossed his path on a divided highway near Williston, Florida, that the car’s system didn’t detect. Still, the National Highway Traffic Safety Administration failed to find any specific flaw in the technology and took no action against the carmaker after concluding a six-month investigation in January 2017.

The National Transportation Safety Board, which began investigating the Huang accident confirmed in a preliminary report that Autopilot was being used at the time of the crash. It also found that his hands were detected on the steering wheel “for a total of 34 seconds, on three separate occasions, in the 60 seconds before impact.” Even so, “the vehicle did not detect the driver’s hands on the steering wheel in the six seconds before the crash.”

The federal agency hasn’t said when its final report will be issued. NTSB removed Tesla as a party to the investigation in April 2018, for “releasing investigative information before it was vetted and confirmed.”

“Such releases of incomplete information often lead to speculation and incorrect assumptions about the probable cause of a crash, which does a disservice to the investigative process and the traveling public,” NTSB said.

The case is Sz Hua Huang et al v. Tesla Inc., The State of California, no. 19CV346663, filed in California Superior Court, County of Santa Clara

Alan Ohnsman; Forbes Staff

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Where The Medium’s The Topic And The Topic is Topical

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UJ, 4IR, and the CloudebateTM concept

UJ is the University of Johannesburg. 4IR is the Fourth Industrial Revolution. CloudebateTM? Well – it’s a place where really interesting questions are asked, such as: is the academic thesis a thing of the past? Have books outlived their physical form? Are we witnessing the demise of childhood? Will eye-tracking, sip and puff, or exoskeletons lead to true equality of opportunity? Will society change Africa? Will Africa help change society? Will education teach our children what they really need to know? And if so, how?

As 4IR sweeps the world, sending many preconceptions, predilections, and presuppositions tumbling as it goes, UJ sees the asking of questions like these as a fundamental response. And it’s responding because, since 2013, when it first embarked on its strategy of global excellence and stature, the university saw a clear need to take the lead in exploring the applications, implications and potential of 4IR. What’s more, it saw a need to do this not just as part of its positioning as a thought-leader on the continent, but as part of making a proactive and positive contribution towards African society, education and enablement.

A vision of width, a platform of depth

It’s a significant vision, and as part realising it, UJ has been investigating new and challenging ways, not just of identifying the issues at stake, but of presenting them in depth. It sought a way that would bring medium and content, idea and action, debate and initiative, together on one unique platform.

And that unique platform, one that UJ has not only created, but given a unique name to as well, is the CloudebateTM

The CloudebateTM

The CloudebateTM has essentially taken the traditional debate/panel discussion and reimagined it, placing it firmly within the realm of its own 4IR scope, and using the latest live-streaming technology. It is the place where 4IR ideas that have been identified as relevant, meaningful, challenging and thought-provoking are placed before an expert panel as well as an online audience who are invited to participate in real time, online, in a very 4IR way, in the discussion, analysis and dissection.  

There have been seven Cloudebates held so far, and their names provide an insight into their capacity to provoke thought: The Way Tomorrow Works; Digitally Equal; Is 4IR the Demise of Childhood? Questioning the Answers; Obsolete or Absolute? Should Books be Shelved? Adding Muscle to Open Doors.

When thought is action

It’s all about the kind of world we are creating for our children to inhabit. What will the elimination of jobs do to society? Are children growing directly into the immediacy of adulthood? Are academic theses outdated? Are libraries passé? Can technology enable opportunity equally for all?

The digital reach has been immense, not just in South Africa but globally, where it has found a worldwide audience. Moreover, UJ’s CloudebateTM initiative is set to continue into 2020 with further challenges to our received wisdom, our perceived way of doing things. So, if you have any stimulating 4IR topics that you would like to see discussed, send them to [email protected] – UJ would love to hear from you. And if you’d like to see the discussions that have already taken place, then just go to uj.ac.za/4IR, where you can watch, and take a view of your own.

Creating tomorrow

With its innovative CloudebateTM concept, UJ’s pursuit of global excellence has been a most rewarding journey that will continue to develop and expand along with 4IR, and along with UJ’s ongoing commitment to creating tomorrow.

Content provided by the University of Johannesburg

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30 under 30

Applications Open for FORBES AFRICA 30 Under 30 class of 2020

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FORBES AFRICA is on the hunt for Africans under the age of 30, who are building brands, creating jobs and transforming the continent, to join our Under 30 community for 2020.


JOHANNESBURG, 07 January 2020: Attention entrepreneurs, creatives, sport stars and technology geeks — the 2020 FORBES AFRICA Under 30 nominations are now officially open.

The FORBES AFRICA 30 Under 30 list is the most-anticipated list of game-changers on the continent and this year, we are on the hunt for 30 of Africa’s brightest achievers under the age of 30 spanning these categories: Business, Technology, Creatives and Sport.

Each year, FORBES AFRICA looks for resilient self-starters, innovators, entrepreneurs and disruptors who have the acumen to stay the course in their chosen field, come what may.

Past honorees include Sho Madjozi, Bruce Diale, Karabo Poppy, Kwesta, Nomzamo Mbatha, Burna Boy, Nthabiseng Mosia, Busi Mkhumbuzi Pooe, Henrich Akomolafe, Davido, Yemi Alade, Vere Shaba, Nasty C and WizKid.

What’s different this year is that we have whittled down the list to just 30 finalists, making the competition stiff and the vetting process even more rigorous. 

Says FORBES AFRICA’s Managing Editor, Renuka Methil: “The start of a new decade means the unraveling of fresh talent on the African continent. I can’t wait to see the potential billionaires who will land up on our desks. Our coveted sixth annual Under 30 list will herald some of the decade’s biggest names in business and life.”

If you think you have what it takes to be on this year’s list or know an entrepreneur, creative, technology entrepreneur or sports star under 30 with a proven track-record on the continent – introduce them to FORBES AFRICA by applying or submitting your nomination.

NOMINATIONS AND APPLICATIONS CRITERIA:

Business and Technology categories

  1. Must be an entrepreneur/founder aged 29 or younger on 31 March 2020
  2. Should have a legitimate REGISTERED business on the continent
  3. Business/businesses should be two years or older
  4. Nominees must have risked own money and have a social impact
  5. Must be profit generating
  6. Must employ people in Africa
  7. All applications must be in English
  8. Should be available and prepared to participate in the Under 30 Meet-Up

Sports category

  1. Must be a sports person aged 29 or younger on 31 March 2020
  2. Must be representing an African team
  3. Should have a proven track record of no less than two years
  4. Should be making significant earnings
  5. Should have some endorsement deals
  6. Entrepreneurship and social impact is a plus
  7. All applications must be in English
  8. Should be available and prepared to participate in the Under 30 Meet-Up

Creatives category

  1. Must be a creative aged 29 or younger on 31 March 2020
  2. Must be from or based in Africa
  3. Should be making significant earnings
  4. Should have a proven creative record of no less than two years
  5. Must have social influence
  6. Entrepreneurship and social impact is a plus
  7. All applications must be in English
  8. Should be available and prepared to participate in the Under 30 Meet-Up

Your entry should include:

  • Country
  • Full Names
  • Company name/Team you are applying with
  • A short motivation on why you should be on the list
  • A short profile on self and company
  • Links to published material / news clippings about nominee
  • All social media handles
  • Contact information
  • High-res images of yourself

Applications and nominations must be sent via email to FORBES AFRICA journalist and curator of the list, Karen Mwendera, on [email protected]

Nominations close on 3 February 2020.

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Facebook Is Still Leaking Data More Than One Year After Cambridge Analytica

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Facebook said late Tuesday that roughly 100 developers may have improperly accessed user data, which includes the names and profile pictures of individuals in certain Facebook Groups.

The company explained in a blog post that developers primarily of social media management and video-streaming apps retained the ability to access Facebook Group member information longer than the company intended.

The company did not detail the type of data that was improperly accessed beyond names and photos, and it did not disclose the number of users affected by the leak.

Facebook restricted its developer APIs—which provide a way for apps to interface with Facebook data—in April 2018, after the Cambridge Analytica scandal broke the month before. The goal was to reduce the way in which developers could gather large swaths of data from Facebook users.

But the company’s sweeping changes have been relatively ineffective. More than a year after the company restricted API access, the company continues to announce newly discovered data leaks.

“Although we’ve seen no evidence of abuse, we will ask them to delete any member data they may have retained and we will conduct audits to confirm that it has been deleted,” Facebook said in a statement.

The social media giant says in its announcement that it reached out to 100 developer partners who may have improperly accessed user data and says that at least 11 developer partners accessed the user data within the last 60 days.

Facebook has been reviewing the ways that companies are able to collect information and personal data about its users since the New York Times reported that political consulting firm Cambridge Analytica harvested data of millions of users. Facebook later said the firm connected to the Trump campaign may have improperly accessed data on 87 million users.

The Federal Trade Commission slapped Facebook with a $5 billion fine as a result of the breach. As part of the 20-year agreement both parties reached, Facebook now faces new guidelines for how it handles privacy leaks.

“The new framework under our agreement with the FTC means more accountability and transparency into how we build and maintain products,” Facebook’s director of platform partnerships, Konstantinos Papamiltiadis, wrote in a Facebook post.

“As we work through this process we expect to find examples like the Groups API of where we can improve; rest assured we are committed to this work and supporting the people on our platform.”

Michael Nuñez

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