2020年12月1日 星期二

“Three-Parent IVF” Might Open the Door to Human Genome Editing

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On Oct. 19, a team of researchers from Greece and Spain made a remarkable announcement: They had started six pregnancies using a new genetic technology, mitochondrial donation. This was not the first time the technology had been used, but it is the first clinical trial approved by a government. In this case, Greek regulators approved the trial back in 2016 for assisted reproduction. Now the team has reported that four live births have resulted from the trial, with at least one more pregnancy ongoing. While that number may seem small, he outcome is notable. Of the 25 women enrolled in the trial, all of whom had struggled to become pregnant even after several IVF attempts, almost one-quarter could successfully conceive with mitochondrial donation. This technology is promising—but now is the time to start considering when and why it should be used.

Mitochondria,the small organelles that produce energy for our cells, are critically important for the proper growth and functioning of our bodies. When they fail to do their job, cells are starved of energy, which can have devastating effects. Mitochondrial diseases are not uncommon: One in every 5,000 adults suffers from some form of disease, which is caused by problems in the mitochondrial genetic code. Mitochondria are inherited from our mothers, so women with with so-called “defective” mitochondrial genes pass that faulty mtDNA on to their biological children. Those with no or mild symptoms—who might not even know they carry unhealthy mitochondria—can unexpectedly have a child with a more severe mitochondrial disease, or be unable to carry a baby to term at all. Yet screening of mtDNA is not common, and generally only occurs after a woman with defective mtDNA has multiple failed pregnancies. Even if a pregnancy is successful, the child may suffer from one or many forms of mitochondrial disease, which can lead to serious disability; early deaths are not uncommon in these children. Symptoms can affect almost any part of the body, ranging from muscle weakness (including the heart), hearing difficulties, impaired vision and/or impaired neurological functioning.

Since the 1990s, researchers have been attempting to develop new treatments for women with faulty mtDNA to allow for these women to have healthy and disease-free babies. Enter mitochondrial donation. Clinical advances in the past six to seven years, by clinical pioneers including John Zhang and Doug Turnbull, have now allowed this to become a reality. Affected women now have the opportunity to give birth, for the first time, to their own biological, mitochondrial disease–free, children. But this is a controversial procedure because although it does not involve editing an embryo’s nuclear DNA, it does result in heritable changes to an embryo’s genetic material. That is, the changes won’t be expressed just in the baby but in any children that a female baby may grow up to have.

Several methods of mitochondrial donation exist, but they all work to create an embryo that receives mitochondria from a third person—a donor woman. The procedure is sometimes called “three-parent IVF” because while the genes in the nuclei of the embryo’s cells will come from the two parents, mitochondria themselves carry tiny pieces of DNA (called mtDNA) that make up about 0.1 percent of our genes, so the resulting embryo will have DNA from three people.

Mitochondrial donation to prevent devastating illness in children is already controversial—so much so that the technique is not permitted in the United States—because the embryo is purposefully “modified to include a heritable genetic modification,” and is therefore viewed by some—especially when peformed on a female embryo—as a form of germline editing. Groups ranging from fertility specialists to religious and patient communities have begun to express their concerns over its regulation.

In addition to the questions about safety and efficacy, these groups have raised many questions about the social and ethical issues relating to the technique’s use. These range from asking what rights, if any, the donor woman should have in relation to the child, to questions of how that child may perceive themselves given they have DNA from three people, to issues around inintended consequences—which could not be reversed—for future generations.

Using mitochondrial donation to treat infertility, as in the new Spanish-Greek trial, could be even more contested, because while this technology is the only way a carrier of faulty mtDNA could have a biological child, women with fertility issues have a number of options, such as surrogacy. And because applying mitochondrial donation to treat infertility is bending our rationale for using an advanced genetic technology to prevent genetic diseases, this path could even move us closer to editing nuclear DNA for the purposes of preventing metabolic disorders—an even more controversial technique that has already been used to produce children by a team in China, with at least one other scientist in Russia having expressed an interest in going down that path.

In 2015, the United Kingdom became the first country to expressly legalize mitochondrial donation—but only for preventing heritable diseases. The U.K. law allows clinics to offer mitochondrial donation only after receiving a license from the government. Only one clinic in the U.K. has received a license, and no births have yet been reported. Births have been reported, though, in Mexico and Ukraine—countries that have not gone through a similarly robust regulatory review process as the U.K. and do not have legislative regimes that explicitly allow for the technique.

However, as evidenced by the Spanish-Greek trial, the exact same mitochondrial donation techniques can be successfully used to assist women with fertility challenges to start a pregnancy. Mitochondrial function is essential for embryo development, and by employing this technique the team believed that they could create higher quality oocytes, which would then, in term, increase the likelihood of a clinical pregnancy. Despite their success, the evidence supporting this is still fairly thin due to ethical concerns—including potential risk to children— resulting in very few trials focused on infertility having actually been conducted. The European Society of Human Reproduction and Embryology, for example, issued a statement in 2019 strongly discouraging using the technology to treat infertility. They argue that there is a lack of robust data proving efficacy and safety and stress that the technique should be used with “extreme caution.”

Whether mitochondrial donation could be used for any reason in the U.S. is still up in the air. Since 2015, Congress has forbidden the FDA from even reviewing applications to make heritable genetic changes in human embryos—a rule that likely was targeting human genome editing with methods like CRISPR, but also applies to mitochondrial donation. This is despite an expert committee from the National Academies of Sciences, Engineering, and Medicine having concluded in 2016 that the treatment was ethical, provided it was properly regulated.

Should the U.S. permit the FDA to review mitochondrial donation applications, which Congress considered doing in 2019 and may be more feasible under a Biden administration, there does not appear to be a policy in place that would limit clinical use to preventing heritable disease. In contrast to the situation in the U.K., access to IVF and similar methods in the U.S. occurs under a convoluted mix of federal and state rules. The limited federal policy in the U.S. on how embryos are used in IVF—and how they might be used in mitochondrial donation—could mean that approving the technology would allow for its use in treating infertility.

Ultimately, October’s clinical trial results have created a new precedent in mitochondrial donation by normalizing its use to treat infertility. While this announcement could provide new hope for families struggling with fertility issues, it should also be a reason to stop and think through how powerful new genetic technologies are being used—technologies that can make heritable genetic changes to embryos. Access to mitochondrial donation for infertility treatment in one country could, through medical tourism, mean access to anyone with enough means. And, if the rationale for using mitochondrial donation to make heritable changes in embryos can be bent—and shifted from metabolic disorders in mtDNA to nuclear DNA—why couldn’t the very strict conditions proposed for using human germline editing with tools like CRISPR also be distorted in the future?

Let’s be clear: The infertility clinical trial was conducted with all the appropriate oversight and approvals from the Greek government. But, at least for now, allowing mitochondrial donation to be used for anything other than preventing heritable diseases might not be the right call given the lack of robust data on efficacy and the very different risk/benefit ratio for those women without faulty mtDNA. It could have consequences beyond any one family, country, or reproductive technology.

This research for this article was funded in part through Diana Bowman’s Andrew Carnegie fellowship.

Future Tense is a partnership of Slate, New America, and Arizona State University that examines emerging technologies, public policy, and society.



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Arecibo Observatory Suffered More Damage Overnight



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You’re Overworked and Overwhelmed. Try These Self-Care Goodies.

Photo illustration by Slate. Photo by Amazon.

Slate has relationships with various online retailers. If you buy something through our links, Slate may earn an affiliate commission. We update links when possible, but note that deals can expire and all prices are subject to change. All prices were up to date at the time of publication.

In search of the perfect gift? Read more of Slate’s holiday gift guides here.

This entire year has made the most outlandish plot in the Tyler Perry cinematic universe look tame, and if that wasn’t bad enough, now we have to get through the holiday season.

Ho, ho, ho.

I have always dreaded the stretch of time between Nov. 1 and Jan. 2 for reasons that I’d prefer to discuss with my therapist than with the people of the internet. I can, however, appreciate some of what makes it so magical to you normal people: abundant social activity, greater access to tasty baked goods, and increased opportunities to spend time with my loved ones. Alas, 2020 has taken everything but the cookies.

Oh, and of course—2020 still has sales. My fellow holiday haters and seasonal loyalists alike rejoice in the opportunity to save some money on some more shit we don’t need as we attempt to fill the deep, gaping holes in our souls. This year, many of us are dealing with tighter budgets (and deeper holes) if we’re fortunate enough to have cash to spend at all. Retailers are desperate for us to spend money that we probably should be saving up for when the zombie flesh-eating apocalypse of 2021 shuts down most of our jobs. Alas, you and I both know that we’d much rather invest in feeling a bit better in the present moment instead.

With that in mind, I’ve put together a little list of self-indulgent items for you to buy yourself in celebration of (hopefully) making it though this hellscape of a year. Gift them if you please, but think of you, you, glorious, overworked, depressed, and sick-of-being-in-the-house you first!

All jokes aside, this year has done a number on our mental health. If you’ve been considering talking to a professional, either for the first time ever, or for the first time in a while, the dawn of a new year is a great time to take that important step on your own behalf. Psychology Today and Therapy for Black Girls have great directories of providers of different types, many of whom are doing telemedicine. Online-only platforms like Talkspace and Better Help also make it possible to talk to someone from the comfort of your own home, even once it’s safe to leave again.

Sliding your feet into a pair of cozy slippers is like walking across the cool side of the pillow. I’m not terribly poetic, I’m sorry. These slippers feel very good on your feet, they are affordable, and I think you will like them.

This delightfully whipped blend of shea, mango, and cocoa butters is a special treat for thirsty skin, and it will make you smell as good as all the desserts we’ve been forced to make for ourselves this year. Plus, you’ll be supporting a great indie business.

You’ve likely heard by now that weighted blankets are good for anxiety and sleeplessness, but you may have also noticed that they aren’t always superattractive or cozy. This one feels like getting cuddled by a very gentle animal who really wants you to have a good night’s sleep.

You may be dealing with a period of forced celibacy, perhaps the longest, most hopeless one you can remember in your life. However, that doesn’t mean you can’t look (and feel) glamorous and seductive as you lounge about the house. Put this bad boy over a little slip and give the neighbors something to talk about when you make your daily mailbox run; they’re bored and they need it (OK, it’s me—I’m your neighbor that needs excitement. But I also own this get-up, so feel free to talk about me as well.)

You can, of course, also buy this to wear for an actual lover, but I’m not here to help you people out.

OK, maybe you aren’t the type to want to create a neighborhood scandal, and I love that about you. In that case, this cozy fabric cocoon may be more your speed. It feels like being inside of a Glo Worm, a toy that I completely forgot existed until this very moment. It’s very soft.

Some of us have had to call upon the mighty herb a little bit more often than usual in recent months, and some of us do not have the privilege of owning a home that we can cloak in the scent of cannabis without repercussions. If you are among that number, this ashtray isn’t magic, but it will reduce the scent and might help you get your security deposit back.

Rachel True, actress and prototype for a generation of Black girl bohemians, has put together a lovely introduction to the tarot that is easy and delightful to follow. Part memoir, part guidebook, this set is right on time for folks who are looking for new ways to make sense of the world around them.

Perhaps you retreat to your car to smoke, or maybe it smells a little bit less than fresh because you went a few days without driving and totally forgot about that half a chicken sandwich you planned to eat later. Either way, this travel-size oil diffuser is small enough to fit in your cup holder and will leave your car smelling like a hippie bookstore (or some other less polarizing space of your choice).

This scrub will scrape away all that dry, stressed out skin you’ve been neglecting for the past couple of months, and it’s available unscented and in a huge range of popular scents (I’m partial to the honeysuckle).

It totally stands to reason that you’ve had more on your mind lately than the condition of your feet. However, I urge you to consider how good it would be to touch the bottom of your soles and feel something pleasing. A little extra attention to your care habits, if you can afford to give it, can go a long way in boosting your spirits. I don’t know what professionals (dermatologists, even pedicurists) think about these sorts of things, but I find these peeling masks relaxing to wear and over the course of a few weeks, they leave my feet reupholstered, removing all that dry, neglected skin.



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The Superspreader White House Is Throwing a Dozen Indoor Holiday Parties During a Pandemic

Merry Christmas? SAUL LOEB/Getty Images

More than 150,000 Americans are testing positive for the coronavirus each day. A thousand Americans are dying daily. Americans are being warned not to congregate over the holidays for fear of accelerating the already runaway pandemic that is on pace to claim 300,000 American lives by Christmas. Meanwhile, in the alternate universe that is the dying days of the Trump administration, the Washington Post reports the White House held its first holiday party Monday afternoon and is set to throw a dozen or so more indoor holiday parties because “the president and the first lady are determined to have a final holiday season in the White House.”

“The parties will be paid for by the Republican Party, a person with knowledge of the planning said, and will cost millions of dollars,” the Post reports, “including a large congressional ball on Dec. 10.” Holiday parties, of course, are a customary part of any president’s holiday schedule and invitees typically range from friends and family to staff, lawmakers, and prominent supporters, donors, and sundry hangers-on. The events typically resemble your average Christmas party: food and drinks, mingling and small talk, perhaps some tipsy dancing. Add in tours of the White House, pictures with the president, and you’ve got yourself a snazzier version of the average American office holiday party. Sounds fun(-ish)! The obvious cut-and-paste disclaimer here is: This is not a typical year for all of the reasons that you don’t need repeated to you. The White House said the usual notional safety measure would be in place, social distancing “encouraged,” mask-wearing “required,” but judging by previous administration events that’s more performative disclaimer than actual mandate.

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But President Donald Trump checked out weeks ago even as the country battles surge upon surge of coronavirus cases. Trump has shown little interest in protecting those around him or modeling good behavior for the rest of the country; he has largely refused to wear masks or social distance, and has derided those who do. As a result, the Trump White House has hosted two recent events—Supreme Court Justice Amy Coney Barrett’s nomination and an election night party—that resulted in an outbreak of cases in the White House, including top advisers, the Trump family, and even the president himself.



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Why Hasn’t Biden Named a Secretary of Defense Yet?

Former Defense Undersecretary for Policy Michele Flournoy, CEO of the Center for a New American Security, speaks during a discussion at the Aspen Institute, November 30, 2015 in Washington, DC. Mark Wilson/Getty Images

The biggest mystery surrounding the Biden transition this week: Who will be the next secretary of defense?

For months, the odds-makers tagged Michèle Flournoy as a shoo-in for the job. Smart, experienced, strategically minded, a popular boss among those who have worked for her, she served as undersecretary of defense for policy during the Obama administration; she would almost certainly have been Hillary Clinton’s secretary of defense if the 2016 election had gone differently; Trump’s first secretary, Jim Mattis, even wanted to hire her as his deputy, but Flournoy turned him down because she didn’t want to work for Trump.

Yet when President-elect Biden introduced his national-security team on Nov. 23, he was joined on stage by his picks for secretary of state, national security adviser, director of national intelligence, and U.S. ambassador to the United Nations—but not his choice to be the civilian head of the most powerful, best-endowed military force on earth.

The same day, Politico reported, on the basis of interviews with “six people close to the transition,” that Biden was “not entirely sold” on Flournoy. The reasons cited were plausible. Unlike the choices for top diplomat and intelligence chief, Antony Blinken and Avril Haines, who have worked closely with Biden for a decade or longer, Flournoy has never been a member of his circle. More than that, during the Obama administration’s internal debate over how to fight the war in Afghanistan, Flournoy supported Gen. Stanley McChrystal’s plan to deploy an additional 40,000 troops and to adopt a full-scale counterinsurgency (a.k.a. “nation-building”) strategy—which Biden opposed, preferring to send just 10,000 more troops to help train the Afghan army and to fight terrorists, such as al-Qaida.

In other words, from Biden’s viewpoint, Flournoy might be too much a Pentagon insider, and the plaudits she’s received across a wide range of players in the defense community—from generals, admirals, think-tank intellectuals, and members of the congressional armed services committees—could strike him as a cause for caution, not a quick embrace. In his new memoir, Barack Obama recalls Biden warning him—in the context of the debate over Afghanistan—not to let the Pentagon roll him or box him in on budgets and troop levels. Biden may well view Flournoy as someone who could abet his own rolling and boxing-in.

Once it was clear that Biden was undecided, some leftist groups issued their own protests, calling Flournoy an agent of the military-industrial complex because the clients for her consulting firm, WestExec, include defense companies and because she sits on the board of Booz Allen Hamilton, a prominent defense contractor.

In the absence of Biden’s decision, other names have been floated for the job, including Jeh Johnson, former secretary of homeland security and general counsel at the Pentagon; retired Gen. Lloyd Austin 3rd, former commander of U.S. Central Command; and Sen. Tammy Duckworth, a retired lieutenant colonel in the Army National Guard who lost both her legs in the Iraq war and has since served eight years on the Senate Armed Services Committee. All three satisfy Biden’s diversity checklist: Duckworth is a woman; Johnson and Austin are Black.

Here is why I think Flournoy, though not without faults, would make the best choice: why some of Biden’s reported misgivings about her have a distinct up side, even from his perspective; why some leftists’ critique is lame; and why the other floated candidates fall short by comparison.

It is true that Flournoy has a more interventionist bent than Biden, but so does Blinken, who has long been Biden’s closest, most trusted adviser on foreign policy. It is worth noting that, during the debate over Afghanistan, Biden was the only member of the National Security Council who did not support some version of McChrystal’s surge plan. It is also worth noting that, in an interview this past March, well before Biden was sure to win the Democratic nomination, Flournoy admitted that she had been wrong during the debate and that Biden—who, as she noted, was widely criticized for his position at the time—turned out to be right. In other words, she would come to the job a bit chastened in her enthusiasm for counterinsurgency.

Flournoy also knows her way around every corridor and crevice of the Pentagon and every appendix in its budget books, and her authority is widely respected in the building. If Biden is worried about being rolled, he should want a principled insider as his defense secretary. The outsiders are the ones who get rolled. (The few exceptions include Robert McNamara, who disciplined the military’s excesses through systems analysis, until the military learned the technique and ground him down; Clark Clifford, who refused the Joint Chiefs’ requests to send more troops to Vietnam; and—surprisingly—Dick Cheney, who, as the Cold War ended, ordered massive cuts in spending on weapons.) If Biden told Flournoy he wanted to cut the Pentagon budget by 10 percent without damaging the nation’s defenses, she is the one, among the candidates on the short list, who would know how to get it done.

As for the other possible candidates, Gen. Austin should be rejected on two grounds. First, it is important, especially now, with the Pentagon in such disarray, to reassert strong civilian control of the military. Since the Defense Department was created in 1947, Congress has just twice passed waivers to the law barring former officers from holding the position: in 1950, for retired Gen. George Marshall; and in 2017, for retired Gen. James Mattis. Marshall came to the job with a broad background, having been Army chief of staff during World War II and secretary of state just after. Mattis, though a superb wartime commander, was an undistinguished defense secretary who relied almost entirely on an entourage of former Army officers. His only strong point was tamping down Trump’s most destructive impulses, until Trump prevailed, at which point he quit.

On his own terms, Austin does not merit the high bar of a waiver. He was an able ground commander in Iraq but a disaster as the head of CentCom. Allotted $500 million to train and equip a rebel army in Syria to fight Bashar al-Assad’s regime, he recruited fewer than 60 fighters, and all but four or five of them either fled or were killed in the first flush of combat. The 2015 Senate hearing, where Republicans and Democrats pummeled Austin for his Syrian shortcomings, was, in the words of a fellow four-star general at the time, “one of the worst hearings on Capitol Hill ever.”

Johnson is a smart and amiable lawyer, but he knows nothing about military strategy or the Pentagon’s byzantine politics. Duckworth is much admired; her war injuries alone would earn her the respect of the armed forces. But good soldiers don’t necessarily make good defense secretaries. Obama learned that lesson when he nominated Chuck Hagel—a former senator and two-time Purple Heart winner for his service as an infantry squad leader in Vietnam—on the premise that he’d be a great ally and supporter of the grunts fighting in Iraq and Afghanistan. He may have been that, but he washed out as defense secretary; Obama asked for his resignation after a year-and-a-half.

The leftist objections to Flournoy are misleading. Flournoy created the firm with Blinken, who curiously hasn’t drawn as much fire for the association, mainly as a holding zone for Obama officials until another Democrat was elected president. The firm’s work mainly involves geostrategic risk assessment, but yes, if nominated, she should disclose the client list (Blinken has said he is asking clients to waive their non-disclosure agreements, which otherwise forbid him from doing so). A recent breathless article in the New York Times noted that the firm’s clients include Shield AI, a surveillance-drone company that “signed a contract worth as much as $7.2 million with the Air Force this year.” Imagine: $7.2 million. That comes to one one-hundred-thousandth (0.00001 percent) the size of the Defense Department budget. There are larger rounding errors in that budget.

Booz Allen Hamilton is a bigger deal, earning $4.4 billion in contracts throughout the federal government last year. But the company deals in analytical talent, intelligence software, and communications gear, mainly in use by the CIA and National Security Agency—not in gold-plated weapons systems.

Those worried about possible conflicts of interest should also note that Johnson sits on the board of Lockheed-Martin, the world’s largest defense contractor, whose products include the highly controversial $254 billion F-35 stealth fighter. Austin is on the board of Raytheon Technologies, which, after a recent merger with United Technologies, became the second-largest defense contractor. Either of them, if nominated, would follow in the dubious footsteps of Mark Esper, Trump’s recently fired defense secretary, who had been Raytheon’s chief lobbyist, and Patrick Shanahan, a former Trump acting defense secretary, who briefly came to his job after 20 years at Boeing, the third-largest defense contractor.

Left-leaning defense analysts also note that, unlike many defense secretaries, Flournoy has been a consistent, strong advocate of nuclear arms control.

I do have some hesitations about Flournoy. She is too interventionist for my taste, her chastening notwithstanding. Her thinking on defense issues, though broad and deep, is fairly conventional; if Biden is looking for conceptual breakthroughs at the Pentagon, she might not be ideal, though I don’t know who would be. Finally, while it’s a good thing for the secretaries of state and defense to be simpatico in their views, to avoid the internecine quarrels that have marred many administrations, Flournoy and Blinken may be too much in synch. As I’ve previously written, I hope that junior and midlevel staffers challenge their views—just as Blinken and Jake Sullivan, Biden’s choice to be national security adviser, did when they were junior and midlevel staffers, challenging the likes of Hillary Clinton and Robert Gates, in the Obama White House.

No appointment is without risk. So far, Biden’s nominees seem to be selected based on expertise, competence, political savvy, and closeness to the president-elect. Flournoy may have some hurdles to leap on that last trait. Maybe she and Biden have had a chat, and didn’t click. If that’s the case, then Biden should find someone else; a president has to trust his cabinet secretaries, especially those entrusted with national security. But if that’s not the issue, or if they can find a modus vivendi, Flournoy scores high on the other criteria. He should nominate her.



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The Biden Administration Needs to Do Something About Tesla

A Tesla Model S P85D. Myung J. Chun/Los Angeles Times via Getty Images

This article is part of the Future Agenda, a series from Future Tense in which experts suggest specific, forward-looking actions the new Biden administration should implement.

In October, Tesla offered some of its customers an upgrade to its “Autopilot” driver-assistance system called “Full Self-Driving.” Anyone familiar with how Tesla cars work knows that “Autopilot” isn’t really “autopilot,” and “Full Self-Driving” isn’t “full” either. For now, the feature allows a car to stay within lanes on a road, automatically brake in an emergency, turn, and respond to traffic signals on its own. But the company warns drivers to “not become complacent” because the vehicle “may do the wrong thing at the worst time.” Indeed, within days of FSD’s launch, a YouTube video showed a Tesla trying to drive itself into a parked car. Tesla called FSD “beta” to underscore that it was a work in progress.

Safety and automotive leaders condemned Tesla for exposing its customers—and everyone else who shares the roads—to unnecessary risk. PAVE, a nonprofit providing education about autonomous vehicles, blasted the company for “using untrained consumers to validate beta-level software on public roads,” calling this “dangerous and inconsistent with existing guidance and industry norms.” An association representing truckers warned that “while [FSD] may be a fun experiment for Tesla’s customers, public roads are our members’ workplace.”

Faced with an obvious safety hazard and seemingly false advertising, you might expect federal officials to step in. Nope. Instead, the National Highway Traffic Safety Administration promised merely to “monitor the new technology closely.” With an apparent regulatory green light, Tesla CEO Elon Musk claimed that FSD would be available nationwide by the end of this year.

This was not the first time NHTSA has shrugged off an urgent safety problem. The Trump administration’s regulatory hand-sitting has certainly included lax oversight of automotive technology. Earlier this year, the Government Accountability Office rebuked NHTSA for failing to revise vehicle-crash ratings to account for growing risk posed to vulnerable pedestrians (something European regulators have done for years). The Trump administration never even bothered to install a congressionally approved NHTSA administrator.

Tesla has capitalized on NHTSA’s inaction. From giving its software misleading names to ignoring recommendations from crash investigators to declining to install critical driver-monitoring technology, the company has shown a dispiriting willingness to cut corners. It’s not just industry watchdogs that are expressing alarm; Tesla’s actions could undermine public confidence in autonomous vehicle technology writ large—especially if Autopilot and FSD lead to more crashes. (Neither Tesla nor NHTSA responded to requests for comment.)

With the automotive industry investing billions in the development of autonomous systems, Tesla’s risky first-mover behavior sets a dangerous precedent. By moving quickly to rein in Tesla, the Biden administration can protect today’s road users while paving the way for safe development of autonomous technology throughout the industry.

A good place to start would be helping consumers understand what automotive tech can and cannot do. Today’s “advanced driving-assistance systems” include functionality like lane-keep assistance (keeping a car between the lines on the road) and automatic emergency braking that reduces the need for driver engagement in certain road conditions. Often seen as a step toward fully autonomous vehicles, ADAS nevertheless requires drivers to keep their eyes on the road and be ready to turn the steering wheel or apply the brakes if a problem arises.

That kind of vigilance doesn’t jibe with a term like “Autopilot,” which suggests a vehicle that can operate independently. Indeed, European regulators bluntly concluded that “Tesla’s system name Autopilot is inappropriate as it suggests full automation.” Musk disagrees; he recently called the idea of changing it “idiotic.” As misleading as “Autopilot” may be, the term “Full Self-Driving” seems even worse. “The real name should be anything but that,” said Duke engineering professor Missy Cummings, who has studied autonomous technologies extensively.

Other carmakers have adopted their own flashy names for their ADAS systems, including Cadillac’s Super Cruise and Ford’s Co-Pilot 360. Consumers are already confused. A study from AAA found that drivers assumed higher functionality in a fictitious ADAS product called “AutonoDrive” than in an identical one named “DriveAssist”; in the real world, names like “Autopilot” and “Full Self-Driving” could lead drivers to overestimate their systems’ capabilities and pay less attention while in the driver’s seat. But Trump officials have shown no interest in clarifying things.

There is one obvious way to address this come January: a Federal Trade Commission investigation that explores whether Autopilot and FSD constitute deceptive advertising. A precedent exists in Germany, where a court in Munich recently ruled that Autopilot’s marketing illegally exaggerated its functionality. NHTSA could also help by adopting standard definitions and minimum standards for ADAS features like lane-departure warning and automatic emergency steering, with regular updates that incorporate technological progress. Mark Rosekind, who served as NHTSA administrator under President Barack Obama, believes that government-backed definitions are critical: “When you buy a car with X, everyone knows what X is and that it’s not Y or Z. That boosts safety.”

Clarifying naming conventions and minimum standards is the easy part. A thornier problem is managing the actual safety risk posed by Autopilot and FSD.

Already, two Florida drivers have been killed when their Teslas drove underneath a turning tractor-trailer. The National Transportation Safety Board investigated these Tesla crashes (among others) and placed much of the blame on Autopilot, which failed to detect the obstacle ahead or ensure that the driver maintained focus on the road. Tesla has largely ignored recommendations from NTSB, which lacks enforcement authority. (In 2018, Musk literally hung up on the NTSB chairman.) NHTSA, for its part, has shrugged off NTSB’s recommendation that it launch its own investigation into Autopilot. “The question is how many more people are going to die before NHTSA agrees there is a defect in how Autopilot is set up,” says Cummings. NTSB seems to concur, concluding in a recent report that NHTSA’s “approach to the oversight of automated vehicles is misguided, because it essentially relies on waiting for problems to occur rather than addressing safety issues proactively.”

In a contentious hearing this February, NTSB members asked why Tesla had not designed Autopilot so that it could be used only in its intended highway environment (its so-called operational design domain, or ODD). Instead, Tesla has filled its owners manual with instructions about the conditions where Autopilot should or should not be activated while leaving the final decision to the driver. That approach seems flawed; Tesla has not shared information about how frequently drivers activate Autopilot outside the ODD, but it was a contributing factor in the two Florida crashes involving tractor-trailers (both occurred on highways with cross traffic, where Autopilot is not intended for use). “I don’t know how many people are operating these cars outside the ODD,” says Cummings. “It’s a matter of time before there is another catastrophic accident.” Again, NHTSA has shown no desire to investigate.

NTSB has also questioned the efficacy of Tesla’s driver monitoring system, which uses a driver’s grip of the steering wheel—known as a torque-monitoring system—as a proxy for her attention to the road. Such systems are easy to cheat, says Colin Barnden, an automotive analyst at Semicast Research. “I could fall asleep with one hand on the wheel. I could have one hand on the wheel and read a book or watch videos on my cellphone.” Indeed, videos have been posted online of Tesla drivers playing cards, taking a nap, or even leaving the driver’s seat entirely while Autopilot is running. In at least one fatal Tesla crash, there was evidence that the driver had been playing video games while Autopilot was active.

Much more effective are eye-tracking systems that can monitor the angle of a driver’s head and the movement of her face. Musk has brushed aside eye-tracking systems as being ineffective and expensive, but Consumer Reports found them to be far superior to torque-monitoring systems in a recent comparison.

The overall picture of Tesla’s attitude toward autonomous driving features is deeply troubling. First with Autopilot and now with FSD, Tesla has introduced ADAS packages with confusing names and inadequate driver monitoring, designed under a questionable assumption that vehicle manuals dictate driver behavior. Tesla seems to repeatedly sacrifice safety in order to gain a competitive edge. After all, the company can entice customers by exaggerating its systems’ functionality and eschewing Autopilot restrictions. And by relying on some of those customers to beta-test FSD, Tesla can collect valuable data from their trips, while other companies rely on trained safety drivers to test such features.

Although FTC investigations into Autopilot and FSD would help, the bulk of the responsibility for reining in Tesla falls on NHTSA. Under President Biden, the agency must take a more proactive, deliberate role regulating automotive technologies.

Most importantly, NHTSA should finally launch an investigation into Autopilot and FSD. The central question is whether the pattern of driver misuse of those technologies represents a defect, which could prompt a recall. The principle of “predictable abuse”—outlined in NHTSA guidance issued in 2016—provides a framework for such an investigation. Four years ago, Tesla could reasonably argue that warnings within its manual were enough to ensure Autopilot’s safe use, but that was before the system was implicated in numerous crashes, and before so many online videos showed Tesla drivers misusing it. “NHTSA has the authority to weigh in and pursue a remedy such as a recall on anything that causes an unreasonable risk,” says Paul Hemmersbaugh, former NHTSA chief counsel.

But a Biden administration shouldn’t stop with investigations into Tesla’s ADAS features. Historically, the United States has relied on automakers to self-certify their vehicles; a car or truck is legal on public roads as long as it complies with the extensive Federal Motor Vehicle Safety Standards. Only if a pattern of problems emerges will NHTSA launch an investigation. But those standards include no requirements about ADAS like Autopilot and FSD, leaving automakers to do whatever they like. Another example: Unlike many other automakers, Tesla has refused to incorporate laser-based sensor systems known as lidar into its ADAS packages, despite the technology’s potential safety advantages.

Again, European regulators could serve as a model. “In Europe the whole regulatory system works completely differently from the United States,” says Tom Gasser, an attorney at BASt, the German government’s transportation research institute. “We don’t have self-certification.” Before new automotive software can be shared with the public, an automaker must receive “type approval” from a European government, which confirms adherence to technical and safety requirements. Despite the fanfare of unveiling FSD in the United States, Gasser notes that Tesla hasn’t requested European approval. “Nobody I know believes Tesla will do that here,” he says—likely because the company fears rejection.

Requiring type approval for automotive technology would be a paradigm shift in the United States, even though it’s already the norm for another transportation mode: aviation. If an airplane manufacturer wants to adjust its software or hardware designs, it first needs the green light from the Federal Aviation Administration. Given the catastrophic consequences if airplane components don’t sync perfectly, that kind of permission-not-forgiveness regulatory approach makes sense.

As automobiles rely more on computers and sensors—and less on the human driver—regulatory preapproval feels more urgent. In the final months of the Obama administration, NHTSA issued an extensive Federal Automated Vehicles Policy report that cited premarket approval as a strategy worth exploring. But adopting it would be a heavy lift, requiring congressional support and significant new resources. “We already ask the agency to do far too much with far too few people,” says Hemmersbaugh. Automotive safety may seem like a nonpartisan issue, but Republicans’ aversion to regulation presents an obstacle.

Tesla has placed the rest of the automotive industry in something of a bind. Many carmakers’ executives view Tesla’s behavior as excessively risky, but they are wary of openly criticizing a company that has built a brand about being more innovative than the industry’s incumbents. John Bozzella, CEO of the Alliance for Automotive Innovation, a prominent industry association, said in a carefully worded statement that “automakers have an obligation to talk about not only the benefits of AVs but their limitations and how they should be used.” (Tesla is not a member of the group.)

When a prototype autonomous vehicle from Uber fatally struck Elaine Herzberg in Arizona in 2018, it cast a shadow over the entire industry. Some automotive executives worry that deaths involving FSD and Tesla could have a similar effect—especially if a person outside the vehicle is killed (in China an Autopilot-enabled Tesla hit a street sweeper truck in 2016, but only the Tesla driver died). That could spur calls on Capitol Hill for preapproval of automotive technologies, which automakers dread. “The current self-certification model should be preserved, as this framework has worked well in the U.S.,” said Bozzella.

That may be true, but we’re just starting to enter the brave new world of computer-assisted driving. Software and sensors are only becoming more important to automotive operations—and the federal government has done little to manage their development. Tesla is the first to push the regulatory envelope at the expense of safety, but unless the Biden administration intervenes, it’s unlikely to be the last. By bringing the hammer down now, federal officials can both save lives and ensure that transparency and safety are essential features of AV development in the critical years to come.

Future Tense is a partnership of Slate, New America, and Arizona State University that examines emerging technologies, public policy, and society.



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White House Coronavirus Adviser Scott Atlas Legacy Will Be Propping Up Trump’s Most Dangerous Pandemic Impulses

Atlas speaks during a White House press conference in September. MANDEL NGAN/Getty Images

White House coronavirus adviser Dr. Scott Atlas announced his resignation late Monday, days before his several month term was reportedly set to expire, bringing to a close a highly controversial stint that saw the former Stanford University radiologist, much like his presidential boss, make wild claims that ran counter to the recommendations of much of the scientific community. Atlas had no prior experience in public health but grabbed Trump’s attention during his flame-throwing appearances Fox News and joined the Trump administration as an adviser in August. Atlas proceeded to push a libertarian approach to managing the pandemic: he questioned the effectiveness of social distancing, considered widespread testing to control the virus unnecessary, all the while he derided widespread closures and questioned the utility of mask-wearing as part of an overall belief in the highly questionable herd immunity approach to solving the virus.

Atlas’ coronavirus views, as you may have suspected, conveniently jived with Trump’s anti-science takes on all aspects of the virus. They also clashed with the U.S. government guidance shepherded by Dr. Anthony Fauci and coronavirus response coordinator Dr. Deborah Birx. “In Dr. Atlas’s view, the government’s job was not to stamp out the virus but simply to protect its most vulnerable citizens as Covid-19 took its course,” the New York Times notes. “His argument was that most people infected with the coronavirus would not get seriously ill, and at some point, enough people would have antibodies from Covid-19 to deprive the virus of carriers—so-called herd immunity. Dr. Atlas also railed against anything that smacked of a lockdown or business closure.” Atlas’ expertise is in magnetic resonance imaging and wrote a book about MRIs.

Like every shooting star in the Trump orbit, Atlas’ rhetoric was usually hyperbolic and often sloppy, inflaming existing tensions and creating new ones. Atlas was also basically unaccountable for the things he said and their impact. In one of his parting shots in the public eye, Atlas called on people in Michigan to “rise up” against Gov. Gretchen Whitmer’s coronavirus restrictions. At the time, Whitmer was already facing death threats and had been the target of plot to kidnap the governor. “He’s an MRI guy … He has no expertise in any of this stuff,” Dr. Ashish Jha, the dean of the Brown University School of Public Health told NPR. “He’s been bringing out arguments that have been refuted week after week, month after month, since the beginning of this outbreak.”

But it was that type of thinking that made Atlas appeal to Trump in the first place. “He has many great ideas,” the president enthused about Atlas in August. “And he thinks what we’ve done is really good, and now we’ll take it to a new level.”



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