Connect with us

News

Opinion: Consumer Reports’ Tesla Autopilot stunt crossed a line in an already-heated EV climate

Credit: Consumer Reports

Published

on

Just recently, Consumer Reports published the results of a test it conducted at its private track to demonstrate just how “easy” it was to fool Tesla’s Autopilot system into operating without a driver behind the wheel. The magazine was successful in its aim, but it also demonstrated that it takes a very determined driver and an elaborate set of procedures to bypass Tesla’s driver-monitoring systems. 

Bypassing Tesla’s Active Safety Features: A Walkthrough

To accomplish its goals, Consumer Reports performed a series of blatantly illegal driving behaviors. The magazine’s team seemed to have buckled in the driver’s seatbelt without a person sitting in the seat. The driver, who was not actively belted in, then engaged Autopilot and reduced the system’s speed to zero. When the vehicle stopped, a weighted defeat device was placed on the Tesla’s steering wheel to simulate pressure from the driver’s hand. The driver then went over to the passenger seat and increased Autopilot’s speed, which enabled the vehicle to start moving again. Consumer Reports also made it a point to point out that the driver in its test did not open the vehicle’s doors, as that would disengage Autopilot. 

Overall, Consumer Reports tried to demonstrate that it was easy to fool Autopilot. Only it didn’t. The magazine instead provided a reasonably comprehensive guide on how to bypass several layers of Tesla Autopilot’s driver-monitoring systems. In its piece, Consumer Reports argued that this was proof that Tesla’s driver monitoring is inadequate since it does not use eye-tracking technology like those employed in GM’s Super Cruise (or Ford’s BlueCruise). While a valid argument, this does not excuse the magazine’s demonstration. Had Tesla employed eye-tracking technology, it would have been easy for Consumer Reports to use another creative trick to fool the system just the same. If the driver’s seat in the Tesla used sensitive weight sensors, it would have been “easy” to cheat the system with a weighted object as well (a literal sack of potatoes would do). 

Inasmuch as Autopilot’s driver monitoring systems are not foolproof, the contingencies in Super Cruise are likely not foolproof either, especially against a driver who’s deliberately bypassing a vehicle’s safety systems. Simply put, if a person is intentionally putting themselves in danger by participating in illegal driving behaviors, no driver-monitoring system would be enough. Nevertheless, the magazine suggested that when it comes to Tesla, the fact that Autopilot could be fooled by a defeat device and an elaborate set of procedures means that the EV maker is at fault. 

The Allure of Tribalism

Humans are tribal creatures by nature, as concluded in a 2019 study from the Association for Psychological Science. It is then no surprise that tribalism is prevalent everywhere. These tribes exist in numerous segments, from politics to consumer products. A look at the current political climate in countries such as the United States and the Philippines would show this. The years-long arguments against fans of iPhones and Android smartphones, or console and PC gamers, also hint at the notion that groups among similarly-minded individuals are bound to be formed. 

The auto sector is no stranger to tribes, as seen in the rivalry between enthusiasts of Ford and Chevrolet vehicles. The Mustang vs. Camaro debate is still ongoing today, as is the pickup rivalry between the Ford F-150 and the Chevy Silverado. Tribes also exist in the racing segment, with groups forming among enthusiasts of classic, big-engined American muscle cars and highly modified Japanese imports. Such is simply the nature of the car industry. There are rivalries among companies and those that support them. 

Advertisement
-

And for the most part, this is okay, especially if members of certain tribes are willing to coexist with the other. Tesla, however, has been caught in the crossfire more often than not. This has spawned a narrative that has become quite popular among the company’s critics and the mainstream media—that Tesla has a cult of followers that blindly worship Elon Musk, and actively attack anyone supporting any other vehicle that is not a Tesla. 

While fringe groups of aggressive Tesla fans exist, they certainly do not comprise the majority of the company’s supporters. During the Mach-E’s announcement, CEO Elon Musk actively supported the vehicle, even as classic Mustang fans threw up their hands and bashed the electric car in frustration at the notion of a crossover being given the classic sports car’s iconic name. Even today, when tempers in the EV community online are flared, numerous strong voices remain supportive of the Mach-E.  

A Fallacy of Composition

Consumer Reports’ Autopilot workaround test garnered a ton of attention, and it did not take long before Ford CEO Jim Farley retweeted the magazine’s findings, noting that Teslas will drive with no one in the driver’s seat. This is quite disingenuous, as vehicles have always been capable of operating without anyone in the driver’s seat, provided that drivers actively participate in illegal behaviors (such as putting a stone or a brick on the accelerator). Consumer Reports’ own staff also engaged queries from numerous Tesla supporters online to mixed results. Head of Connected and Automated Vehicles at Consumer Reports Kelly Frunkhouser, for one, stood her ground against critical comments against the magazine’s test to such a degree that she opted to mock a Tesla supporter for having only four followers on Twitter. The tweet was later deleted. 

The unfortunate thing in this whole scenario is the fact that some Tesla supporters actually had valid points against Consumer Reports’ Autopilot conclusions. Why was Autopilot not benchmarked against comparable systems like Super Cruise and regular cruise control? What are the safety stats of systems like Super Cruise? Why not cite data that shows how many accidents occur every year due to improper cruise control use? These are but a few of the questions that were brought to the magazine’s attention, but most were dismissed because Tesla fans are just a “cult” (queue in the Simpsons meme showing “weird nerds” shielding Elon Musk from “valid criticism”). 

In later tweets, Consumer Reports Head of Auto Testing Jake Fisher called back to the magazine’s interaction with Tesla back in the Model 3’s early days, when the vehicle initially missed the agency’s “Recommended” rating because of its brakes. In that instance, Tesla acknowledged the issue and rolled out a software update to address it, which resulted in the Model 3 later getting a “Recommended” rating. CR’s Autopilot demo is not the same, however, as this time around, the alleged faults of Tesla’s driver monitoring systems were intentionally being bypassed. This is not a “we observed something wrong that Tesla needs to fix” situation. This is an “Autopilot can be fooled if we try really hard and thus Tesla is at fault” situation. The Model 3 brakes were indeed valid criticism, and Tesla reacted as such. A series of procedures that bypass active safety features, maybe not so much. 

Skeletons in the Closet and a Familiar Game Plan

While Consumer Reports prides itself in its analysis of consumer products, the magazine has shown bias in the past. Consumer Reports may not want to talk about it much today, but back in the 80s and the 90s, the magazine ended up costing the United States one of its most affordable, fun, and popular off-roaders ever — the Suzuki Samurai. Better known in other territories as the Suzuki Jimny, the Samurai was introduced in the United States in 1985. 

Advertisement
-

By 1987, Suzuki was selling roughly two Samurais for every Jeep Wrangler sold. Consumer Union, the publisher of Consumer Reports, then came out with a devastating report on the Samurai in June 1988, giving the small SUV a damning “Not Acceptable” rating due to its alleged rollover risk. Consumer Reports’ conclusions were serious, and it called for a recall of the 150,000 Samurais that were already sold in the United States. Consumer Reports also urged Suzuki to refund the vehicles’ purchase price to their owners since, as per statements from then-Consumers Union assistant director David C. Berliner, “The design is inherently flawed in the Samurai. It’s not something where they can make an adjustment, or put on some hardware in order to make a difference. As designed, the only solution is to take it off the market.” 

Suzuki fought Consumer Reports’ findings, and even safety watchdog group Center for Auto Safety noted that the Samurai’s rollover incidents were not unusual for such a popular vehicle. By then, the Samurai received 44 reports of rollovers with 16 deaths and 53 injuries, but Ron De Fore, director of public and consumer affairs for the safety agency, noted that such numbers were not too high considering that there are 150,000 of the SUVs on the road. De Fore also stated that of the fatal incidents surrounding the vehicle, 63% were alcohol-related, and only 24% were wearing seat belts. But despite these, Consumer Union doubled down, eventually showing a video of its tests featuring two of the Samurai’s wheels coming off the ground in a swerve test. Addressing reporters, Consumer Union technical director R. David Pittle remarked that the vehicle “literally trips over its own feet.”

Needless to say, Consumer Reports’ attacks against the Samurai tanked the SUV’s sales in the United States. By 1989, the Samurai was selling just about 5,000 units per year. Suzuki pulled out the Samurai in 1995 due to dismal sales, but in 1996, Consumer Reports added salt to the wound by highlighting its Samurai findings in its anniversary edition. This prompted a lawsuit from the Japanese carmaker, which ultimately resulted in footage of Consumer Reports’ tests on the small SUV from 1988. The video was shocking. As could be seen in the videos from Consumer Reports’ own tests, the Samurai actually performed very well, resisting rollovers so much that Technical Director David Pittle opted to change the test course to make it more challenging. Footage of the tests showed some Consumer Union staff audibly cheering when the Samurai’s wheels finally left the ground. 

A Cautionary Tale

Suzuki and Consumer Union settled the lawsuit in 2004, and while the Consumer Reports publisher did not pay the Japanese carmaker any money or issue a retraction, it did issue a joint press statement clarifying that the magazine’s article about the Samurai in 1988 may have been misconstrued. It was a moral victory for Suzuki, but the damage had been done. 

This is something that the EV community, the auto sector, and the media itself must keep in mind. Anyone with the least bit of comprehension understands that there is a need to transition the motoring sector to more sustainable vehicles. The auto sector could not really afford to have another Suzuki Samurai saga right now, especially considering the sustainability goals of numerous countries worldwide.  

Advertisement
-

Tesla is leading the pack by a wide margin, and the company is only accelerating, with more vehicles poised to be built in Gigafactory Berlin, Giga Shanghai’s expansion, and in Gigafactory Texas. The motoring world cannot really be involved in unnecessary drama against Tesla today, as the mission to accelerate the advent of sustainability is far more important than tribal quarrels or prejudice against a group of EV enthusiasts. Does Tesla have to improve? Definitely, yes, especially when it comes to build consistency and after-sales service. Can Autopilot be safer? Absolutely, and Tesla definitely should. Was showing a walkthrough of how to illegally hack the driver-assist system using a defeat device (among many) helpful? Perhaps not. 

Don’t hesitate to contact us for news tips. Just send a message to tips@teslarati.com to give us a heads up.

Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

Advertisement
Comments

Investor's Corner

New drone video shows Tesla’s Optimus Factory reaching a turning point

New drone footage shows Tesla’s dedicated Optimus factory steel frame nearing completion at Giga Texas.

Published

on

By

Tesla’s dedicated Optimus factory at Gigafactory Texas is closing in on a finished steel frame, according to drone footage posted Thursday afternoon by longtime site observer Joe Tegtmeyer. In the video, Tegtmeyer said structural steel assembly is now about five column grids away from reaching the building’s north perimeter beam, putting the primary skeleton in its final stretch roughly six months after Tesla broke ground on the North Campus site in late March.

Tegtmeyer’s footage shows concrete already going in on three upper floors while crews continue laying rebar and pouring grade beam footings at ground level. That kind of parallel work, steel rising at one end of the site while concrete sets at the other, is a scheduling approach Tesla used at the original Giga Texas building and appears to be repeating here to save time before the plant’s targeted 2027 production start.

Teslarati has tracked the building’s progress since Tesla confirmed construction was officially underway in May, when the first steel structure went up on what was then bare, reclaimed land. The facility is part of a more than 5.2 million square foot expansion of Giga Texas’s North Campus that Tesla has said will eventually run nearly the length of the existing vehicle factory, over 4,000 feet, while sitting somewhat narrower. Musk has pegged the long term output target at 10 million Optimus units a year once the line is running at full capacity, a volume that would dwarf the one million unit pilot line Tesla is standing up separately at its Fremont, California factory.

Advertisement
-

Tesla Giga Texas to feature massive Optimus V4 production line

The Texas facility sits alongside another major buildout on the same campus. Terafab, the joint Tesla and SpaceX chip fabrication plant that will eventually supply the silicon running Optimus units in the field. Housing robot assembly and chip production on the same grounds is a deliberate supply chain decision, cutting down on the shipping and lead time that would otherwise sit between the two.

Tesla has not given an updated timeline beyond its previously stated goal of bringing high volume Optimus production online at the site in the summer of 2027. Fremont’s smaller pilot line began mass producing the current Gen 3 robot in January, with that plant expected to build tens of thousands of units this year primarily to generate the real world data Tesla needs to refine the robot’s software before Giga Texas ramps up. Six months of visible construction progress, tracked almost entirely through Tegtmeyer’s recurring drone flights, gives the clearest outside look yet at how seriously Tesla is treating that 2027 deadline.

Continue Reading

Investor's Corner

Tesla and SpaceX take “Terafab” Trademark fight to Federal Court

Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.

Published

on

By

SpaceX Terafab rendering

Tesla and SpaceX are asking a federal judge to rule that their planned Terafab chip factory does not infringe a small Illinois company’s trademark, a request that arrives only after months of quiet negotiation broke down this summer.

The dispute traces to May 18, when Tesla filed three U.S. trademark applications for “Terafab” and “Tesla Terafab,” covering semiconductor chips and related chip making services. TERA-print LLC, a nanotechnology company that has held a federal trademark for “Tera-Fab” since 2021, responded five days later with a cease and desist letter. According to the lawsuit, first reported by Reuters, TERA-print argued that Tesla and SpaceX’s use of “Terafab” would confuse consumers familiar with its own trademark, which covers a desktop photolithography printer sold to researchers for sensor and bioengineering work.

What stands out in the filing is the timing of TERA-print’s own paperwork. One day before sending that cease and desist letter, on May 22, TERA-print applied to expand its existing registration to cover semiconductor materials, silicon chips, nanoelectronic devices and AI design services, categories it had not previously claimed. Tesla and SpaceX call that filing opportunistic in their complaint, noting it arrived two months after Tesla’s public Terafab announcement and just days after Tesla’s own trademark applications went in.

Elon Musk launches TERAFAB: The $25B Tesla-SpaceXAI chip factory that will rewire the AI industry

By June 10, TERA-print was threatening to sue for federal trademark infringement, false designation of origin and unfair competition, the complaint states. Rather than wait to be sued, Tesla, SpaceX and SpaceXAI met with TERA-print six separate times between June and August trying to resolve the dispute directly. Those talks collapsed, and the companies filed for declaratory judgment this week in the U.S. District Court for the Western District of Texas, asking a judge to find that “Terafab” does not infringe TERA-print’s mark before TERA-print can file a claim of its own.

TERA-print isn’t backing down. The company told PCMag it discussed a settlement with Tesla as recently as September 2 and feels misled by what it called Tesla’s professed interest in settling. Its CTO, Andrey Ivankin, said TERA-print holds a Defense Department contract to fabricate semiconductors and partially owns Mattiq Inc., an AI company built on TERA-print’s products, and that the company will vigorously defend its rights.

Advertisement
-

Tesla and SpaceX argue the overlap is superficial. Terafab is planned as a $16.8 billion complex spanning roughly 100 million square feet at the Grimes County site SpaceX confirmed last month, built to produce chips for Optimus robots, Tesla’s AI computing needs and SpaceX’s orbital data center ambitions, a scale and purpose the companies say no reasonable consumer would confuse with a tabletop lab printer. TERA-print’s product line has stayed focused on lithography tools for biological and sensor research since it registered its mark in 2021.

The trademark fight is the second legal dispute tied to the Terafab project in the past week, following a separate SpaceX suit aimed at keeping company records about the facility out of public view, as KBTX reported. Whether construction proceeds under the Terafab name now depends on a federal judge in Austin.

Continue Reading

News

NHTSA just escalated its Tesla Cybercab investigation in a big way

NHTSA escalated its Cybercab audit into a sworn Special Order with a September 30 deadline.

Published

on

By

Federal regulators have moved from asking Tesla questions about its Cybercab to demanding sworn answers. The National Highway Traffic Safety Administration issued a Special Order that requires a Tesla officer to sign an affidavit attesting to the completeness of the company’s responses, with a deadline of September 30.

The order builds on Audit Query AQ26002, which NHTSA opened on September 3, the same day Tesla began commercial Cybercab service in Austin. Teslarati covered that initial inquiry when it surfaced, noting the agency wanted to understand how Tesla certified a vehicle with no permanently attached steering wheel, pedals, or mirrors as compliant with Federal Motor Vehicle Safety Standards. A Special Order is a different tool and converts a fact finding review into a legally enforceable demand, the same mechanism NHTSA used against Tesla in 2023 during its Autopilot investigation.

Several of the 21 requests target a specific gap in Cybercab’s design. One asks whether Tesla used temporarily attached human controls at any point to help certify the vehicle, and if so, which standards depended on that equipment being present. Another quotes an existing rule directly: “The service brakes shall be activated by means of a foot control.” Cybercab has no foot pedal. NHTSA wants a detailed explanation of how the vehicle satisfies that requirement, and how it complies without the kind of exemption granted to Zoox in July under Part 555, the regulatory pathway built for steering wheel free vehicles.

The order does not claim Cybercab is unsafe or that Tesla broke a rule. It requires Tesla to explain, under oath, the reasoning behind decisions the company already made when it self-certified the vehicle. That distinction matters, but so does the exposure. Motor1’s reporting, summarized here, put potential civil penalty exposure as high as $139 million if NHTSA later finds the certification was flawed, on top of whatever criminal risk comes with a false sworn statement.

Tesla has not said publicly how it plans to respond. Cybercab is still carrying passengers in Austin through the Robotaxi app while the September 30 deadline approaches, and the company has continued expanding the vehicle’s footprint even as the regulatory question remains open. The Special Order does not pause any of that and just sets a date by which Tesla has to put its certification logic on the record, with a company officer’s name attached to it.

Continue Reading