New York Times hits back at Tesla Motors over fakery accusations

"His broadest charge is that I consciously set out to sabotage the test. That is not so."

The New York Times' John Broder has responded to the claims of Tesla chair Elon Musk which accused him of deliberately driving the Tesla Model S in a way which would limit the range out of a desire to write a piece slating it.

Broder's response is a methodical breakdown of each of Musk's points. Broder details things like the timing of his decision to turn down the temperature, the reason why he drove for half a mile in a service station, and the nature of his "detour" through lower Manhattan. The vast majority of his rebuttals are convincing, and only one of the minor discrepancies remains outstanding — the question of why he says cruise control was set to 54mph when the car's logs show it travelling at 60mph.

The more interesting disagreement is in Broder's explanations of the odd choices he made. Some of them, he explains, were as a result of recommendations made by Tesla staff. For instance, when he set off from one rest stop with only 32 miles of estimated range, despite the next charger being 57 miles away, he says:

It was also Tesla that told me that an hour of charging (at a lower power level) at a public utility in Norwich, Conn., would give me adequate range to reach the Supercharger 61 miles away, even though the car’s range estimator read 32 miles – because, again, I was told that moderate-speed driving would “restore” the battery power lost overnight. That also proved overly optimistic, as I ran out of power about 14 miles shy of the Milford Supercharger and about five miles from the public charging station in East Haven that I was trying to reach.

But with others, we come to the crux of the problem: what is a realistic pattern of use for someone on a long-distance road trip in an electric car? When Broder left the second supercharger, the range estimate told him that he would have enough miles to get to his destination and back without recharging. As it happened, the battery lost charge overnight in the cold weather, and disaster ensued.

Is that a fair pattern of use? Or is it reasonable for Tesla to have expected Broder to be plugged in to the supercharger until it told him "charge complete", which happens at 90 per cent charge? If he had finished charging at each supercharger he plugged in to, it seems unlikely that he would have run out of battery; but then, he also wouldn't have run out of battery if the range estimate had been correct.

On balance, it doesn't seem unreasonable to argue that a real simulation of a long-distance trip in an unfamiliar car would involve charging well in excess of how far you are actually expecting to drive. Broder may not have intended to run the battery flat, but he also didn't make things easy for Tesla. That may be his prerogative as a reviewer, but it also understates the case for the car in real conditions. The downside of a Tesla Model S for most is that you will have to spend a lot more time in charging stations — 45 minutes, rather than 5, to fill up your "tank" — and have to plan a long-distance trip in far more detail than you would for a petrol car. Only if you push it too close to the bone will you actually end up in the situation Broder did.

But while Broder was a harsh, possibly even unfair, critic, he does not appear to have been an untrustworthy one. The NYT's public editor is looking into the matter, but Musk is unlikely to get the apology or retraction he seeks.

Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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A new German law wants to force mothers to reveal their child’s biological father

The so-called “milkmen’s kids law” would seek protection for men who feel they have been duped into raising children they believe are not biologically theirs – at the expense of women’s rights.

The German press call them “Kuckuckskinder”, which translates literally as “cuckoo children” – parasite offspring being raised by an unsuspecting innocent, alien creatures growing fat at the expense of the host species’ own kind. The British press have opted for the more Benny Hill-esque “milkmen’s kids”, prompting images of bored Seventies housewives answering the door in negligées before inviting Robin Asquith lookalikes up to their suburban boudoirs. Nine months later their henpecked husbands are presented with bawling brats and the poor sods remain none the wiser.

Neither image is particularly flattering to the children involved, but then who cares about them? This is a story about men, women and the redressing of a legal – or is it biological? – injustice. The children are incidental.

This week German Justice Minister Heiko Maas introduced a proposal aimed at to providing greater legal protection for “Scheinväter” – men who are duped into raising children whom they falsely believe to be biologically theirs. This is in response to a 2015 case in which Germany’s highest court ruled that a woman who had told her ex-husband that her child may have been conceived with another man could not be compelled to name the latter. This would, the court decided, be an infringement of the woman’s right to privacy. Nonetheless, the decision was seen to highlight the need for further legislation to clarify and strengthen the position of the Scheinvater.

Maas’ proposal, announced on Monday, examines the problem carefully and sensitively before merrily throwing a woman’s right to privacy out of the window. It would compel a woman to name every man she had sexual intercourse with during the time when her child may have been conceived. She would only have the right to remain silent in cases should there be serious reasons for her not to name the biological father (it would be for the court to decide whether a woman’s reasons were serious enough). It is not yet clear what form of punishment a woman would face were she not to name names (I’m thinking a scarlet letter would be in keeping with the classy, retro “man who was present at the moment of conception” wording). In cases where it did transpire that another man was a child’s biological father, he would be obliged to pay compensation to the man “duped” into supporting the child for up to two years.

It is not clear what happens thereafter. Perhaps the two men shake hands, pat each other on the back, maybe even share a beer or two. It is, after all, a kind of gentlemen’s agreement, a transaction which takes place over the heads of both mother and child once the latter’s paternity has been established. The “true” father compensates the “false” one for having maintained his property in his absence. In some cases there may be bitterness and resentment but perhaps in others one will witness a kind of honourable partnership. You can’t trust women, but DNA tests, money and your fellow man won’t let you down.

Even if it achieves nothing else, this proposal brings us right back to the heart of what patriarchy is all about: paternity and ownership. In April this year a German court ruled that men cannot be forced to take paternity tests by children who suspect them of being their fathers. It has to be their decision. Women, meanwhile, can only access abortion on demand in the first trimester of pregnancy, and even then counselling is mandatory (thereafter the approval of two doctors is required, similar to in the UK). One class of people can be forced to gestate and give birth; another can’t even be forced to take a DNA test. One class of people can be compelled to name any man whose sperm may have ventured beyond their cervix; another is allowed to have a body whose business is entirely its own. And yes, one can argue that forcing men to pay money for the raising of children evens up the score. Men have always argued that, but they’re wrong.

Individual men (sometimes) pay for the raising of individual children because the system we call patriarchy has chosen to make fatherhood about individual ownership. Women have little choice but to go along with this as long as men exploit our labour, restrict our access to material resources and threaten us with violence. We live in a world in which it is almost universally assumed that women “owe” individual men the reassurance that it was their precious sperm that impregnated us, lest we put ourselves and our offspring at risk of poverty and isolation. Rarely do any of us dare to protest. We pretend it is a fair deal, even that reproductive differences barely affect our lives at all. But the sex binary – the fact that sperm is not egg and egg is not sperm – affects all of us.

The original 2015 ruling got it right. The male demand for reassurance regarding paternity is an infringement of a woman’s right to privacy. Moreover, it is important to see this in the context of all the other ways in which men have sought to limit women’s sexual activity, freedom of movement and financial independence in order to ensure that children are truly “theirs”.  Anxiety over paternity is fundamentally linked to anxiety over female sexuality and women’s access to public space. Yet unless all women are kept under lock and key at all times, men will never, ever have the reassurance they crave. Even then, the abstract knowledge that you are the only person to have had the opportunity to impregnate a particular woman cannot rival the physical knowledge of gestation.

We have had millennia of pandering to men’s existential anxieties and treating all matters related to human reproduction, from sex to childbirth, as exceptional cases meaning women cannot have full human rights. Isn’t it about time we tried something new? How about understanding fatherhood not as winning gold in an Olympic sperm race, but as a contract endlessly renewed?

What each of us receives when a child is born is not a biological entity to do with as we choose. It is a relationship, with all of its complexities and risks. It is something worth contributing to and fighting for. Truly, if a man cannot understand that, then any money wasted on a Kuckuckskind – a living, breathing child he could get to know – has got to be the least of his worries. 

Glosswitch is a feminist mother of three who works in publishing.