CE195 – Civil Engineering Laws, Contracts, Specifications and Ethics

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CASE STUDY NO. 03
1. Charged with installing computer chips that resulted in emitting excessive amounts of carbon dioxide from
their Cadillacs, General Motors (GM) agreed in December 1995 to recall nearly 500,000 late-model Cadillacs
and pay nearly $45 million in fines and recall costs. Lawyers for the Environmental Protection Agency (EPA)
and the Justice Department contended that GM knew that the design change would result in pollution
problems. Rejecting this claim, GM released a statement saying that the case was ‘‘a matter of interpretation’’
of complex regulations, but that it had ‘‘worked extremely hard to resolve the matter and avoid litigation.’’

According to EPA and Justice Department officials, the $11 million civil penalty was the third largest penalty
in a pollution case, the second largest such penalty under the Clean Air Act, and the largest involving motor
vehicle pollution. This was also the first case of a court ordering an automobile recall to reduce pollution
rather than to improve safety or dependability.

Government officials said that in 1990 a new computer chip was designed for the engine controls of Cadillac
Seville and Deville models. This was in response to car owners’ complaints that these cars tended to stall
when the climate control system was running. The chips injected additional fuel into the engine whenever
this system was running. But this resulted in tailpipe emissions of carbon dioxide well in excess of the
regulations. Although the cars are usually driven with the climate control system running, tests used for
certifying the meeting of emission standards were conducted when the system was not running. This was
standard practice for emission tests throughout the automotive industry.

However, EPA officials argued that under the Clean Air Act, GM should have informed them that the Cadillac’s
design was changed in a way that would result in violating pollution standards under normal driving
conditions. In 1970, the officials said, automobile manufacturers were directed not to get around testing rules
by designing cars that technically pass the tests but that nevertheless cause avoidable pollution. GM’s
competitors, the officials contended, complied with that directive.

A GM spokesperson said that testing emissions with the climate control running was not required because
‘‘it was not in the rules, not in the regulations; it’s not in the Clean Air Act.’’ However, claiming that GM
discovered the problem in 1991, Justice Department environmental lawyer Thomas P. Carroll objected to
GM’s continued inclusion of the chip in the 1992–1995 models: ‘‘They should have gone back and re-
engineered it to improve the emissions.’’ In agreeing to recall the vehicles, GM said it now had a way of
controlling the stalling problem without increasing pollution. This involves ‘‘new fueling calibrations,’’ GM
said, and it ‘‘should have no adverse effect on the driveability of the vehicles involved.’’

What responsibilities did GM engineers have in regard to either causing or resolving the problems with the
Cadillac Seville and Deville models?

2. According to John Markoff’s ‘‘Odyssey of a Hacker: From Outlaw to Consultant,’’ John T. Draper is attempting
to become a ‘‘white-hat’’ hacker as a way of repaying society for previous wrongdoing.82 In the early 1970s,
Draper became known as ‘‘Cap’n Crunch’’ after discovering how to use a toy whistle in the Cap’n Crunch
cereal box to access the telephone network in order to get free telephone calls. While serving time in jail for
his misdeeds, he came up with the early design for EasyWriter, IBM’s first word-processing program for its
first PC in 1981. However, says Markoff, in subsequent years Draper used his skills to hack into computer
networks, became a millionaire, lost jobs, and experienced homelessness. Now, however, Draper has been
enlisted to help operate an Internet security software and consulting firm that specializes in protecting the
online property of corporations. Draper says, ‘‘I’m not a bad guy.’’

However, realizing there are bound to be doubters, he adds, ‘‘But I’m being treated like a fox trying to guard
the hen house.’’ SRI International’s computer security expert Peter Neumann summarizes the concern:
Whether black hats can become white hats is not a black-and-white question. In general, there are quite a
few black hats who have gone straight and become very effective. But the simplistic idea that hiring overtly
black-hat folks will increase your security is clearly a myth.

Discuss the ethical issues this case raises. What might reasonably convince doubters that Draper has, indeed,
reformed? Are customers of the consulting firm entitled to know about Draper’s history and his role at the
firm?