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SEC Says Cybercriminals Hacked Its Files, May Have Used Secret Data For Trading

The Securities and Exchange Commission says cybercriminals got into the agency’s files last year and accessed information that might have been used to give them a secret edge in trading.

The SEC says it had known about the intrusion in 2016 into its Edgar filing system, but learned this month that “nonpublic information” accessed may have been used for “illicit gain.”

“Edgar houses millions of filings that companies are required to submit to the SEC so that they can be perused by investors,” as noted by Bloomberg.

The agency says the “software vulnerability … was patched promptly after discovery,” and didn’t reveal any personally identifiable information.

A statement by SEC Chairman Jay Clayton notes that potential damage done by cybercrime increases all the time, and that “a large portion of the costs … are borne by investors, consumers and other important constituents.”

Politico reports that Congress has questioned the SEC about Edgar’s security:

“In May 2015, Sen. Chuck Grassley (R-Iowa) asked the SEC for information about EDGAR vulnerabilities after an apparent hoax involving Avon Products Inc.

“In October 2014, Rep. Carolyn Maloney (D-N.Y.) raised concerns after an academic study revealed that stock prices were moving about 30 seconds prior to public filings being made available on the SECs website.”

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Equifax Confirms Another 'Security Incident'

Equifax was hit with a cyberattack before the one revealed earlier this month, and the hackers seem to have had many months of access to consumers’ information.

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After the revelation that a cybersecurity breach at the international credit reporting agency Equifax exposed personal information of 143 million people, the company has confirmed an additional security incident with a payroll-related service in the months prior. It says the two are unrelated.

Equifax is already struggling to regain public trust after it waited at least a month to disclose to consumers that the cyberattack potentially impacted their personal information, such as names, Social Security numbers, birth dates, addresses and, in some cases, driver’s license numbers and credit card information.

“Earlier this year, during the 2016 tax season, Equifax experienced a security incident involving a payroll-related service,” an Equifax spokesperson told NPR. “The incident was reported to customers, affected individuals and regulators. This incident was also covered in the media.”

The company spokesperson disputes a Bloomberg report released Monday, where an unnamed source “said the breaches involved the same intruders.” The company adds that the same security company, Mandiant, “has investigated both events and found no evidence that these two separate events or the attackers were related.”

Equifax’s spokesperson characterizes this second breach as the “March event.” However, it appears that the incident in question may have lasted considerably longer than a single month. When asked for information about previous media coverage, Equifax pointed NPR to coverage in KrebsonSecurity.

That article describes a breach at TALX Corporation, an Equifax subsidiary also called Equifax Workforce Solutions, where “crooks were able to reset the 4-digit PIN given to customer employees as a password and then steal W-2 tax data after successfully answering personal questions about those employees.”

Krebs reported that Equifax said the breach happened over the course of nearly a year: “unauthorized access to customers’ employee tax records happened between April 17, 2016 and March 29, 2017.”

Equifax did not immediately confirm these details. It’s not clear how many organizations were impacted, though Krebs links to documentation of breaches at five organizations, including Northrop Grumman and the University of Louisville.

According to The Louisville Cardinal, the University of Louisville’s student paper, the university stated that some “750 employees had ‘suspicious activity’ surrounding their online TALX Tax Express accounts when someone tried to reset PIN numbers.”

Other reports date back to early 2016. A notice of data breach from Kroger executives states that the incident began in late January of that year. In a document released by New Hampshire’s attorney general, the Kroger executives say that hackers “accessed the default website using default login information based on Social Security Numbers and dates of birth, which we believe were obtained from some other source.”

The thieves then used the access to employees’ W-2 forms to potentially “file tax returns in their names to claim a refund.”

A Georgia man employed at Kroger filed a federal lawsuit against Equifax and its subsidiary in May 2016 over the breach, seeking class action status. In it, Betzalel Yochanan claimed that the breach happened “because Equifax failed to implement adequate security measures to safeguard consumers’ Personal Identifying Information (‘PII’) and willfully ignored known weaknesses in its data security, including prior hacks into its information systems.”

Yochanan voluntarily dismissed the lawsuit the following month, without providing a reason.

NPR’s Sarah Knight contributed to this report.

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Cities Try Convincing Amazon They're Ready For Its New Headquarters

Nikol Szymul staffs a reception desk at Amazon offices in downtown Seattle. Online retail powerhouse Amazon is searching for a second headquarters location, which an official from Toronto has called “the Olympics of the corporate world.”

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An official from Toronto has called Amazon’s search for the second headquarters “the Olympics of the corporate world.”

It’s a unique situation of its kind and scale. Typically, cities and states vie for factories or offices behind the scenes. This time, Amazon’s public solicitation of bids from essentially all major metropolitan areas in North America has prompted reporters and analysts across the continent to run their own odds on potential winners.

What’s at stake?

The top-line pitch is Amazon’s promise to invest $5 billion in whatever community it picks to be the home of its second headquarters. And the company says it would bring up to 50,000 new jobs, with an average salary of more than $100,000.

In Seattle, Amazon’s towering 8.1 million-square-foot downtown campus employs tens of thousands of employees and has served as a testing ground for new retail ideas, like a store without checkout registers. Amazon says HQ2 would be a “full equal.”

What is Amazon looking for?

The company’s call for applications is extremely detailed. It should be a metro area with more than 1 million people, a business-friendly tax structure, close to an international airport and near major highways, a place with mass transit, good Internet and “excellent” higher education.

The company is also not shy about saying it wants an attractive offer of a financial incentive — a move that has become customary for corporate expansions, which often involve tax cuts, relocation grants or fee reductions. “The initial cost and ongoing cost of doing business are critical decision drivers,” Amazon says in the request for proposal.

Whicht communities are vying for the HQ2?

With almost four weeks until the deadline, the list of potential contenders is expansive: Austin, Texas; New York, Boston, Chicago, Washington/Baltimore, Atlanta, Denver, Ottawa and Toronto — cities up and down and across the continent, tallied to number more than 100 by the Chicago Tribune.

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And the communities aren’t shy about their public pitches.

“We have sites that are ready, that are transit-oriented,” says Scott Levitan, head of the Research Triangle Foundation in North Carolina. “We have tremendous fiber backbone at our site and we have a region that is absolutely focused on being the best possible location for HQ2,” he says, adding that the Raleigh-Durham-Chapel Hill metro area sits equally between the ocean and the mountains.

“Colorado is perfectly aligned with the company’s culture of collaboration and innovation and focusing on its customers,” says Yuriy Gorlov, vice president of the Aurora Economic Development Council, also highlighting the Denver area’s access to fiber, power, transit and a nationally recognized hiking trail system.

“We feel like we have a lot to offer, in terms of our talent base, our logistics, our business-friendly climate,” says A.J. Robinson, president of Central Atlanta Progress. “And most of all, people love to live and work here.”

(Note: Amazon is one of NPR’s financial supporters.)

What are the cities’ biggest considerations or potential concerns?

Though Amazon likes to tout the billions of dollars it says it has injected into Seattle’s economy, the city has been tested by the massive corporate presence.

Over the years, frustrations aired by residents of Seattle (headquarters there employs 40,000 employees) have included rapidly rising housing costs, traffic congestion, gentrification and pressure on local businesses. As The New York Timesreported recently:

“Some local lawmakers have blamed Amazon for being a primary contributor to the region’s lack of affordable housing and other woes. The City Council recently unanimously approved a tax on individual income over $250,000 and $500,000 for couples, which would affect high-earners at Amazon. The legislation is facing legal challenges.

“The local antipathy toward the company was summed up in graffiti that recently appeared on the wall of a busy downtown traffic tunnel: an expletive before the last name of Mr. Bezos.”

The communities seeking HQ2 aren’t likely to be naive about what happens when a city gets flooded with thousands of high-net-worth office workers. But in the heat of a bidding war, none of the economic development officials interviewed by NPR said that anyone on their team has suggested avoiding the bid because of potential negatives.

Of course, bidding for Amazon isn’t like bidding for the Olympics — the games come and go; the corporate headquarters stays — but Atlanta’s Robinson said his city definitely learned a useful lesson from hosting the 1996 Games.

Founded: 1994 in Seattle

U.S. employees:341,400 (in January, the company said it plans to create 100,000 more jobs in 18 months)

2016 revenues:$136 billion

Stock market capitalization:$467 billion

Stock price growth in past five years: up 281 percent

Fortune 500 ranking:12th

U.S. facilities:214 across the country

“Having survived the Olympics, we know that post-winning, you have to deliver,” Robinson says. “You have to have the infrastructure; you have to be willing to invest in transit, in types of things that this number of workers will need, the housing stock and so forth.”

Major pushback has so far focused on the potential cost to taxpayers, as all bidding communities weigh how they can entice Amazon with tax credits, free land or other financial perks.

After The New York Times analysis zeroed in on Denver as the best candidate for Amazon’s HQ2, The Denver Post published aneditorial titled, “In Denver’s courting of Amazon, officials should remember the taxpayers.” The Post‘s editorial board wrote:

“We’d love to see Amazon locate here, as long as we’re not left feeling like we’ve given away the store.”

NPR’s Art Silverman, Emily Sullivan and Business Desk intern Yu-Ning Aileen Chuang contributed to this report.

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Restoring VW Beetles, Buses … And Dreams

A Cooker’s employee prepares for the shop’s recent open house. Vintage VW owners from around the Mid-Atlantic region bring their vehicles back to the Williamsport, Md., shop once a year.

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Les Cook/NPR

The “Dieselgate” scandal may have dented Volkswagen sales in the U.S., but demand remains strong for two VW products: classic Beetles and vintage buses. Collectors are pushing up prices of both. A small body shop in Williamsport, Md., has played a part in that. Cooker’s Restoration & Fabrication takes vehicles that look like they’re headed for the scrap heap and turns them into showpieces.

Owner Bob Cook says he started paying attention to cars at an early age and was doing full restorations by the time he was 19. His day job was building houses, but he would come home and work into the night on old VWs. When the housing market collapsed in 2009, he bought this little shop in Williamsport and started restoring VWs full time. Word of the shop’s artistry spread, and now he has a 2-year-long list of vintage VW owners waiting for him and his small crew to work their magic.

That magic was on display recently at Cooker’s annual open house. In front of the shop, satisfied clients and VW fans mingled and admired perfectly restored cars. One gem is a midnight blue 1964 Beetle owned by Georgine Casper, from Edison, N.J.

Casper’s love of VWs goes back to her teenage years in the late 1970s.

“I actually had auto mechanics in high school,” Casper says.

Her then-boyfriend Mike, now her husband, had a VW bug back then.

“I always admired Volkswagens,” Casper says. “His brother had one. He had a ’65. You know, in the winter, when it didn’t start, I’d be the one out pushing it. And I said, ‘I want a Volkswagen.’ My mother said, ‘You don’t need a Volkswagen.’ I said, ‘I want a Volkswagen.’ “

Georgine Casper, whose love affair with Volkswagen Beetles started in high school, shows off her fully restored 1964 model.

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So she bought two, the midnight blue ’64 and a 1969 Beetle for $600. She says the floorboard on the ’69 was so rotten that you could almost put your feet out through the bottom. Her mother was not pleased.

“She looked at the two of them. She was like, ‘Oh my god, what did you do? You spent your money on these junks. This is not Sanford and Son’s junkyard,’ ” Casper says. “She was like yelling, and everyday, she’d come home and say, ‘Look at this junk.’ And I’m like, ‘It’s not junk.’ Because to me, it wasn’t. It was a diamond in the rough.”

Ultimately, Casper, who became an office manager, not a mechanic, couldn’t do the restoration herself. So she asked Cook and his crew to make her dreams for her car come true. Now Casper’s ’64 Beetle shines like a diamond with four chrome wheels as the setting.

To make this happen, Cook and his crew take the cars apart and restore them piece by piece, either to their original condition or to a modified version. Casper’s car is an understated hot rod with a high-powered engine and roll cage.

The other specialty of Cooker’s is restoring vintage VW buses, like Alvin Ziminsky’s. He brought his to Cooker’s from Cherrytown, Pa. “I found it in a barn near Frederick, Md., in ’95. Paid $100 for it.”

“It was like $2,600 new in 1964,” he says. Asked what his $100 purchase might be worth today, Ziminsky says, “Probably nearing $150,000.”

Alvin Ziminsky owns this 1964 21-window deluxe bus. He says his $100 investment in 1995 could be worth almost $150,000 now that it has been restored.

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In just the past few years, the market for vintage VW buses has skyrocketed. Rusted-out buses that people used to pay to have hauled away now sell for $20,000 or more. Why are they in such demand? Partly, it’s just their great design and simplicity. And partly, it’s the stories that go with them, Ziminsky says.

“You can’t go anywhere without getting stopped and talked to,” he says. “You’re on the road, people almost crashing into you, trying to take pictures. I got scared because people were like driving with one hand and snapping pictures while they were beside me.”

David Abruzzi has a story, too. It’s attached to his 1960 VW Single Cab that is part VW bus and part pickup.

Abruzzi drove it to the open house from Paw Paw, W.Va. The pickup belonged to his grandfather, who used it on his farm in North Dakota in the 1960s.

“He died in 1974. It was pulled into a barn, and it sat there until 1987,” Abruzzi says. “I went up and, with the help of a great uncle, got it running and drove it all the way back to New Mexico.”

It sat for 27 years in the New Mexico sun until Abruzzi brought it to West Virginia, where he lives now. “People were stopping by my house and said, ‘If you’re going to restore it, you’ve got to take it to Cooker’s,’ ” he says.

David Abruzzi’s ride is a rare Single Cab. The sides in the back fold down so it can be used as a pickup or a flatbed truck.

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Abruzzi says he has a vivid memory of something that happened one day when the truck was being used to haul sod.

“I thought it would be fun to get up in the bed and throw pieces of sod on [my grandfather’s] back,” Abruzzi says. “He says, ‘If you do that again, you’re going to get a whuppin’. And you know, being a 5-year-old and that’s your grandpa, what do you do? You do it again. I do not remember the spanking, but I remember my grandma making him apologize to me because it’s not the thing a grandpa ever does.”

Cooker’s repaired the rusted spots on the old pickup, matching the original faded blue paint that covers 80 percent of the vehicle. It’s more valuable with the original paint on it. But, for Abruzzi, the truck’s monetary value isn’t the point. What’s priceless for him is his grandfather’s name and address still stenciled on the doors: W.E. Skalicky, Battleview, N.D.

Abruzzi’s 1960 VW Single Cab belonged to his grandfather and has been in his family since about 1965. He says he doesn’t think he could ever part with it. He likes to take it out about once a week. “It just makes people smile,” he says.

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NPR’s Les Cook contributed to this report.

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What It Might Take To Stop The Data Breaches

NPR’s Scott Simon talks to technology writer and professor Zeynep Tufekci about what she describes as Equifax’s unaccountability after a massive data breach.

SCOTT SIMON, HOST:

There seems to be a new big breach of personal data every few weeks. But this latest case in which Equifax, the credit reporting agency, was hacked seems especially massive. The Social Security numbers, dates of birth and other personal information of 143 million Americans was potentially exposed. Zeynep Tufekci argues that the underlying problem isn’t a technical failure; it’s political. Zeynep’s a contributing opinion writer for The New York Times. She joins us now from Chapel Hill, N.C.

Thanks so much for being with us.

ZEYNEP TUFEKCI: Thank you for inviting me.

SIMON: Since this hack was revealed, the Federal Trade Commission has announced an investigation. Equifax’s stock price, I guess, has tumbled a bit. And last night, two Equifax executives stepped down. Do you think this means real change is ahead?

TUFEKCI: I would like to know the conditions under which they stepped down. Very often, the step down is riding into the sunset with tens of millions of dollars. When Yahoo had many really huge breaches under the tenure of their CEO Marissa Mayer – and she just stepped down this summer with about $200 million in total compensation. So that doesn’t sound like a punishment to me. I would like to be punished that way.

(LAUGHTER)

TUFEKCI: I mean, I’m a former programmer. I’m pretty sympathetic to the idea that software will have bugs. But every time we hear of these breaches, most of the time, including in this Equifax case, it turns out that it was neglect and underinvestment. The problem that caused the breach was a software update that was available that they just did not implement.

SIMON: U.S. citizens don’t feel that they’ve been dealt with fairly because of this breach.

TUFEKCI: And they have not been. Yeah, they have not been.

SIMON: Well – but what can they do about it? People don’t even really do business, per se, with Equifax.

TUFEKCI: Right – because we are their product. We’re not their consumers. We are not the – they are usurping our data. They’re taking our data, and they’re selling it to others. So they really don’t care about us. And the automotive industry is a good example. They were dragged into regulation, and they were dragged into installing seatbelts and paying attention to car safety. And with much pressure, with much regulation, with much effort from consumers, they did. And it was good for the industry, too. It’s a better industry, healthier industry right now. So this isn’t going to work – I can’t withdraw from Equifax. I didn’t even have that right to do that. So this isn’t going to work without some level of oversight, some level of regulation and some real, genuine accountability.

As I said, if a person – if the little guy makes a tiny mistake with a credit card payment, they suffer severe consequences. We need to have proportionate consequences for the company, for the people who oversee it and for the whole industry. And if those are not in place, the next company knows that they can just keep ignoring the security aspect; they can underinvest. Something happens, it’s a few days of bad press. I talk to you; you talk to me. They go their merry way to their million-dollar retirement – at worst. And that’s the worst that happens to them. I – the incentives are not aligned for them to protect us, and we need to change that.

SIMON: Zeynep Tufekci at the University of North Carolina, thanks so much for being with us.

TUFEKCI: Thank you for inviting me.

Copyright © 2017 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.

NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

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High-Tech 'Bodega' Falls Short Of The Real Thing

Jesus Martinez (L) works at his bodega grocery store in the Queens borough of New York City in 2007. Tech entrepreneurs got pushback for calling their startup “Bodega.”

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A couple of high-tech entrepreneurs thought they’d put a personable name on an impersonal product.

Paul McDonald and Ashwath Rajan, formerly of Google, unveiled a box this week with glass doors, stocked with nonperishable items, that people can unlock with their cellphones while a camera records what they take and charges them.

It’s essentially a tech-connected vending machine. But the entrepreneurs chose a name for their venture that many people found offensive: Bodega.

The name is taken from small neighborhood shops, usually in New York, stocked with products people run out of or suddenly crave: candy, gum, soda, and yes, cigarettes, newspapers, lottery tickets, condoms, tampons and soap.

Many bodegas are in Hispanic neighborhoods, run by Hispanic and Asian shopkeepers. They become a stop for people out to walk their dogs, or take a stroll from their apartments, who decide to linger for a few minutes to buy a magazine or candy bar and talk to other people about how bad the Mets are, how nice the weather is, and kvetch about politicians, landlords and the Number 7 train from Flushing.

Bodegas are often the place sixth-graders stop after school to buy a Coke or a candy bar. The bodega owner knows their name and tells them, “Run home and do your homework.” The bodega owner will often let a good customer just take something they need if they have no money until they get their paycheck.

There is no app for that.

Real bodegas are small, affordable businesses you don’t need a stock offering to open. But if the high-tech-minibar-faux bodega takes off, it could be at the expense of bodegas owned by real people, who keep a cat on the counter and become vital characters in a neighborhood.

“To me it’s like sacrilegious — you wanna take this name and use it to make money off it?” Frank Garcia, who chairs the state Coalition of Hispanic Chambers of Commerce, told the New York Post.

The instant reaction on social media was so sharp that Paul McDonald and Ashwath Rajan had to quickly write on Medium, “We did some homework — speaking to New Yorkers, branding people, and even running some survey work asking about the name and any potential offense it might cause. But it’s clear that we may not have been asking the right questions of the right people.

“Despite our best intentions and our admiration for traditional bodegas, we clearly hit a nerve,” said the entrepreneurs, “we intended only admiration.”

But their statement leaves a question unanswered. Will the name stay?

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Chinese Construction Company Inks Deal To Build Trump Golf Course In Dubai

A Chinese state-owned construction company has been awarded a contract to work on the Trump golf course in Dubai. The contract was confirmed despite assurances from President Trump that he would not engage in foreign deals while he is in the White House.

ARI SHAPIRO, HOST:

President Trump has said that he would not engage in foreign business deals while he’s in the White House. Well, a Chinese state-owned construction company has been awarded a $32 million contract to work on a Trump golf course development in Dubai. NPR’s Jackie Northam reports.

JACKIE NORTHAM, BYLINE: President Trump has two golf courses in Dubai bearing his name. The first, an 18-hole course, was opened in February by his sons, Eric and Donald Trump Jr. The second, designed by golfing great Tiger Woods, is due to open in late 2018. Both are set inside massive luxury housing developments.

ALAN SHIPNUCK: The scale of these developments is incredible.

NORTHAM: Alan Shipnuck is a senior writer at Sports Illustrated.

SHIPNUCK: I mean, you’re talking about a whole city built around this golf course, you know, 10,000 homes at each one.

NORTHAM: A construction company owned by the Chinese government will build the roads in the residential area. Critics are crying foul, saying Trump is reneging on his pledge not to do any foreign deals while he’s president. But the thing is Trump doesn’t own the development. Shipnuck says like most of his other 18 golf courses around the world, Trump only licenses out his name, his brand, for a fee to a developer. And that’s who awarded the contract to the Chinese construction company.

SHIPNUCK: The developer is handling all the infrastructure and all the homes. Trump puts his name on the golf course and then his people manage it going forward.

NORTHAM: Trump’s partner in the Dubai golf course development is Damac Properties. Its owner is Hussain Sajwani, a billionaire from the United Arab Emirates. His nickname is the Donald of Dubai. Besides the Chinese deal, Damac is also awarding contracts to companies from several Gulf and European countries.

LARRY NOBLE: President Trump’s name is on this golf course in a development where there is a lot of foreign involvement.

NORTHAM: Larry Noble is general counsel with the nonpartisan Campaign Legal Center. He says there are concerns Trump’s deals could impact decisions over foreign policy, security and trade.

NOBLE: So it’s an inherent conflict of interest. It’s an inherent problem for the president to have that much of a financial stake in what foreign-owned companies are doing, companies that are owned by foreign governments are doing regardless of the fine details of it. You know, the bottom line here is if that development does well, he does well.

NORTHAM: Noble says the only way for Trump to prevent this conflict of interest is to fully divest from his business interests. So far the president has shown no signs of doing that. A request for comment from The Trump Organization was not returned. Jackie Northam, NPR News, Washington.

Copyright © 2017 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.

NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

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Episode 647: Hard Work Is Irrelevant

Patty McCord

O’Reilly Conferences / Flickr

Note: This episode originally ran in 2015.

Most companies reward hard work. This is why people get paid overtime, and why full-time workers make more than part-time ones.

But, if you think about it, hard work alone says nothing about how much value you create. You could be toiling day and night, and be mostly useless to your employer. To your employer’s bottom line, what really matters isn’t how much you put in, but what you deliver.

There’s one company that takes this idea to its logical conclusion: Netflix. It’s run like a sports team. Whether you’re yesterday’s hire or one of the first employees, you’re out the minute you stop justifying your presence.

It wasn’t always like this. Right after the dot-com bubble burst, Netflix was like any other company. But, to survive, it had to cut non-essential staff. Patty McCord, who was in charge of hiring and firing, had to seriously reevaluate what each person was contributing. She laid off a third of the company, and what she found was that the company didn’t just do fine, but was performing better than before. That experience gave rise to a philosophy that became an influential PowerPoint presentation that over 16 million people have viewed.

Today on the show, hear how Patty McCord turned Netflix into a sports team, and just how far the company took that principle.

We’ve also got an update on a brand new business that was sparked by this episode and has adapted some of the Netflix principles.

Music: “Feels So Good” “We are Better Together” and “Midnight.” Find us: Twitter/ Facebook. Subscribe to our show on Apple Podcasts or PocketCast.

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Department Of Transportation Rolls Out New Guidelines For Self-Driving Cars

A Ford Fusion development vehicle equipped with autonomous controls, seen at a test facility Tuesday in Ann Arbor, Mich.

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The Department of Transportation released its revised guidelines on automated driving systems Tuesday, outlining its recommended — but not mandatory — best practices for companies developing self-driving cars. The first such guidelines released under the Trump administration, the Vision for Safety 2.0 scales back some of the recommendations outlined last year under President Obama.

In a statement released Tuesday, Transportation Secretary Elaine Chao lauded the possibilities of automated driving systems, saying “we can look forward to a future with fewer traffic fatalities and increased mobility for all Americans.”

“In addition to safety,” Chao said, “ADS technology offers important social benefits by improving access to transportation, independence and quality of life for those who cannot drive because of illness, advanced age or disability.”

As Forbes reports, the prevailing difference between last year’s version and the one released Tuesday is one of slimmed scale and extent. For instance, the new guidelines trim a 15-point safety assessment proposed last year, which would be conducted by the National Highway Traffic Safety Administration if manufacturers submit to one. The proposed evaluation is down to 12 points.

Though, as a voluntary exercise, the number of points on the assessment is likely less important than whether manufacturers submit to one at all — and Deborah A.P. Hersman, president and CEO of National Safety Council, points out that “DOT has yet to receive any Safety Assessments, even though vehicles are being tested in many states.”

The new guidelines make clear again that manufacturers are not required to submit to voluntary assessments — though they are “encouraged” — and that those assessments are “not subject to Federal approval.”

“Voluntary guidelines will serve the developers of new technologies to ensure they can move quickly, but they serve public safety best if all the players agree to comply with them,” Hersman said in a statement Tuesday.

“Mandating additional safety measures such as a clear disclosure, robust validation processes prior to deployment and data sharing requirements will now fall to the Congress as both the House and Senate move their bills,” she said.

The new guidelines also no longer apply to Level 2 vehicles — or vehicles with partial automation, in facets such as acceleration and steering, that still require drivers to “remain engaged with the driving task.”

David Friedman, former interim head of NHTSA, says the timing of Chao’s announcement should raise some eyebrows. On the same day the new plan relaxed guidance on Level 2 vehicles, the National Transportation Safety Board faulted a Tesla automated driving system for playing a “major role” in a collision that killed its test driver last year.

According to the NTSB assessment, the cause of the crash was a combination of the “driver’s inattention” and the Tesla automation system that “permitted the car driver’s overreliance on the automation.”

“System safeguards, that should have prevented the Tesla’s driver from using the car’s automation system on certain roadways, were lacking and the combined effects of human error and the lack of sufficient system safeguards resulted in a fatal collision that should not have happened,” NTSB Chairman Robert L. Sumwalt III said in a statement.

Friedman says the new guidelines will do little to rectify the kinds of problems that led to the crash — in fact, he says, just the opposite: “Now it’s back to the wild, wild west for those systems.”

“Just as the NTSB says the government and industry should be stepping up its efforts to ensure the safety of Level 2 automated vehicles,” he added, “the Department of Transportation and Secretary Chao are rolling back their responsibility in that space.”

Nevertheless, the Department of Transportation says the development of this technology will do much to reduce the number of serious automobile crashes, 94 percent of which it says are due to human error.

And the agency says these new guidelines are just part of an evolving approach to automated driving systems. “In fact,” it says, “DOT and NHTSA are already planning for 3.0.”

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'World Without Mind': How Tech Companies Pose An Existential Threat

World Without Mind

Journalist Franklin Foer worries that we’re all losing our minds as big tech companies infiltrate every aspect of our lives.

In his new book, World Without Mind: The Existential Threat of Big Tech, Foer compares the way we feel about technology now to the way people felt about pre-made foods, like TV dinners, when they were first invented.

“And we thought that they were brilliant because they did away with pots and pans — we didn’t have to go to the store to go shopping every day — and then we woke up 50 years later and realize that these products had been basically engineered to make us fat,” Foer says. “And I worry that the same thing is happening now to the things that we ingest through our mind.”


Interview Highlights

On why tech companies’ control of the market is problematic

They pose as these neutral marketplaces, yet when they have their own things to sell, they give them special advantages. We saw this with Yelp and Google, where Yelp was this great way to get recommendations about what restaurant to go to, and it used to be when you type in a restaurant name into Google, the Yelp review was the first thing that came up. Well, Google saw that this was a good business to be in and so they started to publish their own user reviews of restaurants, and suddenly, those leap-frogged over Yelp.

And so I think we accept these platforms as being neutral, they pose as neutral. Even if you look at their looks — a search engine seems like it’s a mechanical thing, but it’s not a mechanical thing. It imposes the economic interests of these companies on the platform, and it imposes their values on the platform as well.

On how tech companies’ algorithms are not impartial

All these algorithms are constructed by human beings to serve human purposes. They’re systems, and these systems are devised in order to create certain outcomes. And so the fact that they’re so invisible, I think actually enhances their power because most people have the dimmest awareness, if any awareness at all, that Facebook is being patterned to try to give them some information above others.

Right now, Facebook is obsessed with promoting video because that’s where money is to be had. So right now, Facebook is loading up your News Feed in order to give you much more video. And there are all these media companies — I bet NPR is one of them — that makes certain commitments to certain editorial processes and investments in certain editorial apparatus in order to achieve certain results on Facebook because Facebook brings a lot of traffic. It’s where users are. And then when Facebook, somewhat capriciously, decides to change its strategy, it hurts all of the organizations that are dependent upon Facebook.

Disclosure: Facebook pays NPR and other leading news organizations to produce live video streams that run on the site.

On why the threat of big tech companies is an existential one

If you’re of a certain age, you have a good appreciation for the ways in which we’ve all become a little bit cyborg. I grew up using maps and having a sense of direction, and now I have a phone. I used to try to remember numbers, and now I … can just call them up instantly. And that’s great. But what’s happening right now is that we’re in a phase of human evolution where we’re merging with machines.

It’s not necessarily a bad thing, but we’re not just merging with machines. We’ve been merging with tools since the beginning of human evolution and arguably, that’s one of the things that makes us human beings. But what we’re merging with [now] are machines that are run by companies that act as filters for the way in which we interact and process the world.

And so the values of those companies become our values. We become dependent on these companies in a way in which we’ve never really been dependent on companies before. And this could all work out in a utopian, beautiful sort of way, or it could unfold as a dystopian, sci-fi nightmare. And I just think that because the stakes are so high, we have to be extra skeptical.

On the lack of regulation to limit the influence of tech companies

The Internet was invented in an age when our entire approach to regulation has been extremely lax, and so you’d think, “OK, there might be a law on the books that governs how these corporations can handle our data.”

Well, you could kind of pull pieces of [legal] code … that shows maybe instances where companies could potentially cross boundaries, but there really isn’t a coherent approach that we have to regulating these companies, and so they have an incredible amount of freedom. …

There’s this proud American tradition of worrying about the power of communication companies. That going all the way back to the founding, we’ve tried to limit the power of monopolies that played a role in our democracy. And so even with the U.S. Postal Service to take the first communications monopoly in the United States, we didn’t let them get into the telegraph business. And when Western Union got a monopoly in the telegraph business, we were careful not to let them get into telephony.

And this extends even into our own era back up into the Clinton administration when they put pressure on Microsoft, and really hemmed them in it came to the browser. And were it not for the case that the United States brought against Microsoft, Google probably would’ve been strangled in its crib.

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