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Showing posts with label software. Show all posts
Showing posts with label software. Show all posts

Wednesday, December 3, 2014

Toyota Attempts to Legally Hammer its own Whistleblower!

Tentative Sanctions Against Translator in Toyota Probes

, The National Law Journal
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Betsy Benjaminson.
Betsy Benjaminson.

A federal judge has tentatively sanctioned a former translator and subcontractor for Toyota who posted dozens of confidential documents relating to its sudden-acceleration recalls on her blog.
At the same time, the judge rejected repeated attempts by Toyota attorney Lisa Gilford to extend the sanctions order as to hundreds of other documents against translator Betsy Benjaminson, a self-described whistleblower.
At a hearing on Wednesday, U.S. District Judge James Selna of the Central District of California found that most of the documents that Toyota sought to include as part of the sanction were “simply not covered by the contempt order” because Benjaminson hadn’t yet signed a protective order designating them confidential at the time she obtained them.
“She should’ve been required to sign a protective order,” he said. “For whatever reason, that wasn’t done.”
Benjaminson, who was a subcontractor for Toyota assigned to translate documents from Japanese to English amid probes over sudden-acceleration recalls, later worked for plaintiffs attorneys in the litigation. She has provided internal Toyota documents to various news organizations and is writing a book about the sudden-acceleration recalls.
After she began posting thousands of internal documents on her blog this year, Toyota moved for sanctions, insisting that her actions violated the protective order, which she signed in 2012 while working for a translation services vendor for the plaintiffs.
At the end of the hearing, Gilford, a partner in the Los Angeles office of New York-based Skadden Arps, Slate, Meagher & Flom—who argued repeatedly that sanctions should be applied to all the documents since they were subject to the protective order—vowed that her client wouldn’t back down from forcing Benjaminson to return those materials.
“We definitely consider these documents here to be protected and will pursue additional remedies,” she said.
Toyota spokesman Scott Vazin declined to comment.
Benjaminson, who lives in Israel, did not appear for the hearing. Her attorney, Hemant (Shashi) Kewalramani, founding partner of Lee, Jorgensen, Pyle & Kewalramani in Tustin, Calif., said his client would comply with the court’s order but wanted to provide documents to the Department of Justice and an independent monitor overseeing its $1.2 billion deferred-prosecution agreementwith Toyota.
Selna appeared concerned about that request.
“I’m somewhat troubled when you said I want to leave a back door to do that,” he said. “It’s not a palatable position.”
Selna did not issue a final order, stating he planned to review his tentative decision “from top to bottom.”
Toyota, which recalled more than 10 million cars and trucks for faulty accelerator pedals and floor mats that it says caused cars to suddenly accelerate, has paid billions of dollars to resolve hundreds of consumer lawsuits, regulatory fines and the criminal investigation. But Toyota, which is in the process of settling lawsuits filed by people injured or killed in accidents, has never admitted that glitches in the electronic throttle control system of the vehicles caused the problems.
In pursuing sanctions against Benjaminson, Toyota was particularly incensed about a PowerPoint presentation prepared by a plaintiffs software expert that it claimed contained “highly confidential source code information.” Toyota considers its source code to be a trade secret, but plaintiffs attorneys have pushed for access to prove the software has bugs.
On Sept. 2, Selna ordered Benjaminson to show why she should not be sanctioned.
Benjaminson, who removed the contested materials from public view, hasinsisted she obtained most of the documents prior to signing the protective order when she worked for Toyota’s translation-services vendor, Linguistic Services Inc. At that time, she was translating for Toyota’s attorneys at Debevoise & Plimpton as part of the government’s criminal investigation.
In 2012, she began working for two plaintiffs’ translation-services vendors, American Language Services and Technovate Inc.
In his tentative order, Selna found that Benjaminson should be sanctioned as to 88 documents she obtained while working for those firms. But he found that documents Benjaminson translated for Debevoise & Plimpton were “simply not covered by the contempt order” because she hadn’t yet signed the protective order.
Gilford insisted that those documents also were produced in the multidistrict litigation and that Benjaminson had signed the protective order as of this year, when she began posting the documents on her blog.
“As of July of this year, she had all the information she needed to understand what was protected,” she said. “We believe that is enough to find her in contempt with regard to the body of documents.”




Read more: http://www.nationallawjournal.com/id=1202678013665/Tentative-Sanctions-Against-Translator-in-Toyota-Probes#ixzz3KtJmSBBQ

Sunday, October 5, 2014

Electronics Experts Demystify Toyota Sudden Unintended Acceleration

ToyotaTruth: Videos 1 - 6
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ToyotaTruth: Video 6 of 6
(9:58 min video)
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ToyotaTruth: Video 5 of 6
(9:24 min video)
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ToyotaTruth: Video 4 of 6
(9:57 min video)
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ToyotaTruth: Video 3 of 6
(08:20 min video)
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ToyotaTruth: Video 2 of 6
(9:58 min video)
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ToyotaTruth: Video 1 of 6
(9:36 min video)

Tuesday, September 23, 2014

Who knew? Toyota or Lexus can change your life...forever!

Who knew that driving a Toyota or Lexus could result in jail time and worse if a sudden unintended acceleration accident occurred? Toyota said all this is over because the recall has been done and it has paid its $1.2 billion fine. THINK again if you believe that claim! 

The real problem currently is ELECTRONIC SUA and accidents are happening daily. Many of these involve vehicles in parking lots when braking is initiated. Storefront crashes and crashes-into-buildings/homes are reported. Toyota finds the vehicle faultless...no code stored and EDR (black box) shows no braking. However, Toyota and Lexus drivers report the vehicle "taking off" or "having a mind of its own." These same vehicles have been reported going airborne from a standstill starting point in a parking lot!

Here are the critical issues:

Sloppily-designed Toyota electronic throttle system software (see Michael Barr's findings) equals RUNAWAY---a.k.a. sudden unintended acceleration----Toyota and Lexus vehicles.

Worse? The electronic fail-safe---a.k.a. the way to stop the runaway---is also rendered ineffective at the time of the SUA glitch (Michael Barr, embedded software expert).

Translation? Your runaway Toyota or Lexus is not going to stop until something stops it!

Even worse? Your Toyota or Lexus EDR---a.k.a black box---is going to record inconsistent, unreliable data (see Dr. Antony Anderson's findings). OR, your EDR will show accurate data but Toyota will NOT give you access to it and may lie about the significance of the data.

Problem? You will be CHARGED for any deaths or injuries to others as a result of an accident your runaway vehicle causes based on the faulty EDR results and an assumption of "driver pedal misapplication."

More of a problem? You may go to JAIL or prison if the EDR erroneously shows that you are not braking---which it has for others more often than not. Essentially, you will be deemed not telling the truth or confused in media coverage because Toyota will say its EDR is accurate---even though it admitted this data was unreliable previously.

Even a bigger problem? If there is any chance a detail comes out that supports the driver, the media will take sides with the automaker and support your character assassination publicly. Are you on prescription meds or any medications? Are you an older citizen? Are you a woman and older? Bingo! Elderly pedal misapplication, according to media and Toyota.

Don't worry...all your skeletons will be dug up as Toyota goes full steam ahead to escape blame for faulty electronics! Just keep track of all these mysterious vehicles-into-homes and storefront crashes and read the headlines. Read the PR propaganda supporting driver error.

Toyota's $$ goes far and wide...even to the heart of the very agency commissioned to protect your SAFETY! The DOJ and NHTSA are still looking the other way---a.k.a. protecting corporate interests. They do not want to open up the ELECTRONIC sudden unintended acceleration issue as then there will be a public cover-up scandal which rivals the best---or worst---of them.

All the above doesn't factor in the so far little-known in the U.S. whistleblower, Betsy Benjaminson. She's has copies of hundreds of internal Toyota documents. Many of these show clear evidence of concern over an electronic throttle system problem---a.k.a. "ghost in the engine"---and the lack of fix for it. Betsy has a blog where she has posted some of the evidence. She's been the feature of several articles and a podcast interview outside the U.S. Google her name to find.

Toyota, the media, and the government seem to be handling each new suspicious runaway vehicle accident---a.k.a. driver states pressing brake when the vehicle takes off, becomes airborne, has a mind of its own, etc.---on a case-by-case basis. Apparently, there is the hope that each case will blow over with little public attention. There is hope, too, that the public buys into the PR machine working overtime with law enforcement and media to BLAME the vehicle driver. SUA victim = SCAPEGOAT.

As far as Toyota is concerned, it is DONE with the topic of sudden unintended acceleration. Period. It got the free pass with a huge U.S. Government fine---a.k.a. permission not to face the music regarding ELECTRONIC SUA. Floor mats, pedals, driver error...done DEAL.

Toyota's well-orchestrated smoke screen continues aided and abetted by our very own safety regulatory agency. Can't beat that! The sky's the limit now...think of all the untoward consequences for Toyota owners, not to mention the driving public.

Toyota is #1 in numbers of sudden unintended acceleration events. BUT...it is not alone! This is an industry-wide phenomenon and not one automaker wants the public knowledgeable about ELECTRONIC sudden unintended acceleration.

Charlene Blake