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LPIC-2 Exam 202 (Part 2 of 2) version 4.0

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Inside Consumer Reports: Controversies surrounding the MacBook Pro and HomePod | killexams.com real questions and Pass4sure dumps



Enthusiasts maintain questioned Consumer Reports' assessments of Apple's products for many years. After looking at the test facilities, AppleInsider talked to Consumer Reports leaders about the various controversies of the past.

On May 17, AppleInsider paid a visit to the Consumer Reports offices and testing facility in Yonkers, N.Y., where they got an inside sight at how the organization arrives at its conclusions about products.

When they sat down with the Consumer Reports decision-makers, one of the topics of discussion was the organization's past assessments of Apple products, including a chain of controversies involving individual conclusions about the 2016 MacBook Pro and the HomePod in early 2017.

"Biased for consumers"

Everyone they spoke with at Consumer Reports adamantly denied that they maintain been unfair to Apple, arguing that their mission and methodology is entirely analytical and data-driven.

Accusations of warp or unfairness to inevitable companies, a Consumer Reports spokesperson noted, is "not a unique complaint." In fact, there were times when Consumer Reports has been accused of warp in the other direction — of liking Apple and its products too much.

"We believe that they maintain certainly been objective when it comes to Apple products and they haven't treated them any differently than anyone else,'" said Jennifer Shecter, CR's Senior Director, Content impact & Corporate Outreach. "We test more than 7,000 products and services every lone year, and I deal with every company who has an issue and they shriek well, why conclude you dote Apple so much more than you dote my product.' or you maintain other companies who shriek "why don't you dote [mine].'"

"But this not a question of preference," said Shecter. "This is a question of scientific evaluation and comparative testing. It is not about preference, that does not arrive into play into their testing."

"We deal every company and every product the selfsame way. And it's been dote that since 1936," Shecter added. "We deal with Apple products and Apple as a company the selfsame artery they deal with every other company. Empirically speaking, they evaluate every product as it comes, and every piece of feedback from the manufacturer as it comes, and that is their process. So they maintain had robust dialogue with Apple, throughout the processes, and they are responsive to feedback that they find from companies, too."

According to Consumer Reports' director of communications Barrie Rosen, the organization currently recommends Apple products in the categories of smartwatches, smartphones, tablets, streaming media devices, smart speakers, laptops, and all-in-one desktop computers — just about every category in which Apple offers products.

As far as device usage goes, while touring Consumer Reports' offices, they did note that the desktop computers are PCs. However, they did view quite a few MacBooks on desks there, and when they met with the company personnel in a conference room, at least two had MacBooks in front of them. As for smartphones, they noticed about a 50/50 split between iPhones and Android devices in the offices.

Apple and Consumer Reports

As for Apple and Consumer Reports' relationship, they conclude maintain one, and judging by the team's comments about it, it's somewhere between cordial and cooperative.

"We maintain an ongoing dialogue with Apple," Shecter said. "Whenever they maintain a myth that's coming out that we're going to call Apple out — just dote they would any other manufacturer — they call them. And when they maintain questions, they respond them.

Consumer Reports' says that their direct dealings with Apple are with entire sorts of different Apple personnel. Sometimes they talk to marketing people, sometimes product managers, and occasionally even engineers.

"It might start with a product manager," Maria Rerecich, director of the electronics testing team, said. "But we've often wind up in dialogue with the engineers on the product, because they maintain specific technical questions that they exigency to subsist asking and hearing their answers to. We'll proceed engineer-to-engineer at that point.

Shecter added that the companies' communications are usually done over the phone and that in-person meetings with Apple are less common, mostly because the two companies are headquartered on antithetical coasts.

"As they do, they invite manufacturers to arrive and visit their facility. We're always interested to proceed to other manufacturers' facilities," she said.

"I deem that when we've been in dialogue with them it's been obliging faith on both sides," said Shecter. "There maintain been times when we've had to subsist in constant contact if there's a myth coming out, or if there's more stories coming out, but every time they maintain a question they respond their questions, truly, honestly, and responsively."

The MacBook Pro Story

One of those times dialog was needed was following the release of Consumer Reports assessment of the 2016 MacBook Pro.

As AppleInsider reported in December of 2016, CR, upon the release of the newly refreshed MacBook Pro line, declined to recommend the unusual product, the first time it didn't recommend the MacBook Pro. Its conclusion was reversed the following month, following lengthy tryst with Apple and the release of a software fix.

The problem, it turned out, was that Consumer Reports had turned off caching prior to running the test, leading to the exposure of a battery bug that Apple later fixed. Apple said in public comments at the time that this resetting was "not a setting used by customers and does not reflect real-world usage."

The team at Consumer Reports gave us their side of what happened in that product assessment. Their tryst with Apple involved extensive communications, over the Christmas holiday that year.

"We eschew battery life tests on laptops," Maria Rerecich said. "And the artery they eschew the battery life test is, they are doing a website cycle over Wi-Fi. They don't eschew those live over Wi-Fi, they maintain a server with the webpages stored on it so it's consistent and their testing has to subsist the selfsame from time to time. So they don't want to encounter the vagaries of someone's website being down. So they maintain the webpages stored, they eschew those over wi-fi from their server, to the test machines, and we're basically cycling through webpages."

"We start with the computers fully charged, they set them entire to the selfsame brightness level, so again it's consistent across. So just let em eschew overnight, and then some, depending on [how long they last]," added Rerecich. "We log that recording, and basically once the laptop dies the watch stops, so they can divulge exactly when it's petered out. They eschew that once, they record the results, and they eschew it a second time. we're looking for consistency within five or ten percent."

"We set them up the selfsame as much as possible, they proceed with default settings largely, but maintain turned the cache off, and the reason they swirl the cache off is because they don't want the website to subsist sitting in cache on the machine because then it's not exercising properly," Rerecich continued.

"In the case of the MacBook Pro, that year [2016], when they eschew the two trials of the selfsame test, they might find 14 hours and 14.1 hours. They may find 16 hours and then 16.3 hours. If it's more than that 5 percent variation, we'll eschew it a third time and view where it falls. The case of the MacBook, they got 10 hours, then they got 4 hours. They never view a variation dote that. This was completely unusual. And the numbers told us that there's something going on. They were not able to evaluate that battery as a result, because what's the perquisite number?' And they felt that based on that testing, there was something that was not explained, and they could not recommend the model as a result. They got in handle with Apple and they had a lot of back and forth with Apple."

"We got in handle with them beforehand and asked them for a comment," Shechter said. "Because they said we're seeing this issue, and it's gonna impact their skill to recommend the product. And what they told us for the myth was they didn't know why that would be. They didn't understand why they were getting the results they were getting. So they asked them and they gave us a remark for the story. They published their myth and then there had more questions about trying to figure out what the problem could be. So that was over Christmas, the year before [last], and they probably talked to them every lone day of that Christmas holiday."

Eventually, CR gave their log of the test to Apple, who determined what had happened.

"Because you're doing it the artery you are doing it, there's a bug being triggered in Safari," Shechter said they were told by Apple. "When you swirl the cache off, this bug is being triggered. And while they respectfully disagree with you that this is a real-world test, or that this is the best indicator, they said you know, they want to gain certain to them the recommendation seemed important, and so they went back and forth, and they decided to issue an update for the bug, and so they issued it, and they re-ran the tests, and it worked. So they were able to recommend it."

Shechter added that CR's policy is that they will revisit product assessments after they maintain denied a recommendation for a specific reason, once the issue behind that reason has been fixed. But they will not retest products that maintain already been recommended. If they did that, she said, "we'd subsist re-resting products entire the time and we'd never even find to unusual products."

Consumer Reports sees the back and forth with Apple as an instance in which they and a manufacturer worked together to deliver a positive result for consumers.

The HomePod issue

Another rather contentious issue was Consumer Reports' assessment, this past February, of the HomePod speaker, "The Apple HomePod Sounds Good, but Other Smart Speakers Sound Better." Many, including AppleInsider, had taken issue with CR's determination that the HomePod fell below such competitors as the Sonos One and Google Home Max. Their editorial too questioned how Consumer Reports had reached some a determination in what appeared to subsist a lone day.

CR responded to that editorial that week, concluding with an invitation to visit their facilities.

During that visit, the CR staffers further filled us in on what happened when they wrote about the HomePod. The assessment was, they said, a "first look" —a collection of initial impressions of a product that Consumer Reports often publishes for inevitable high-profile products releases, including most iPhone and Galaxy devices. First sight assessments will too sometimes select sight at new, highly-touted features — such as the kisser ID that debuted in the iPhone X — and too sight at whether the product does inevitable things that it advertises doing.

"Because consumers will subsist very interested in a phone dote that or a phone dote the flagship Samsung phones or things of that nature, they will try to find results out the first day," Recevich said. "So we'll conclude this first sight kind of thing, with really big, censorious products that people are buzzing about. Because consumers want to know, with Consumer Reports- everyone else is talking about it, why aren't you talking about it? So that's why they did that for the HomePod —not because it was Apple, but because these are the types of products that people are [interested in] —when the Apple Watch first came out, they did that. But they conclude it for other products as well.

"Because the HomePod was sort of a warm product and they knew a lot of people were interested in what it was dote and how it was. They did what was called a first look," Recevich continued. "In this case it wasn't a rented sample because they didn't maintain that available, but the first day they got them in, they did some testing, so that they could give an imprint about it."

The first looks are usually presented as "early test results." Consumer Reports has published day-of-release first looks of the iPhone X, the iPhone 8 and iPhone 8 Plus, the 2016 Apple Watch and the Samsung Galaxy S 8. CR does not display to maintain published first looks upon the releases of the Sonos One or Google Home Max.

"Typically on a first day, those first looks that they do, we'll find the product in, we'll rush it into the lab." said Rerecich. "We'll conclude the testing that we'll accomplish on the first day, and then we're gonna find together with editorial and talk about what they saw, what the results were, we'll interrogate questions, and we'll refine what that first day myth is about."

"We did a listening test. They actually ran through their entire audio attribute evaluation that day, and that was the basis of the first look, along with how it is to toil with, and things dote that." Amplified Rerecich. "It was just comparing the one column, which I believe is entire they did on the first day. whereas the ranges that came out, combined everything else. For a speaker dote that, the sound attribute is the highest-weighted, it's the most important, and the other ones affected it. So, the ranking that came out in the ratings could maintain been slightly different from that first day, because that first day was just one component of the test.

Rerecich added that testing is not just about sound attribute for speakers, but too about ease of use, features, and overall versatility. Following those evaluations, the full report is issued.

Jerry Beilinson, Consumer Reports' content progress team leader and electronics editor for the Consumer Reports magazine, argued that the assessment, written by CR's Allen St. John, wasn't actually entire that negative.

"Very obliging sound, far better than most other speakers, one of the best. The controversy seems to subsist that [we said] it wasn't the best speaker that was ever released. It's recommended, it got a very obliging rating, and was with very similar rating numbers, edged out by two similarly high-end competitors."

A question of aesthetics

The Consumer Reports officials did point out one thing: Their testing process does not, formally, select into account the sight and aesthetics of the product. And design, it should proceed without saying, is something historically very censorious to Apple.

"We don't custody much about aesthetics," consequence Connelly, director of testing said during their tour of the facilities.

"We'll characterize them sometimes," said Rerecich. "Maybe for a washing machine that's not so important, but for something dote a speaker that you might maintain in your alive room, you might custody what it looks like. They don't rate it and shriek this one looks better than that one,' unless it's unusual in some way."

"Just to subsist clear, those are not participate of the numerical rating, they don't find calculated as participate of it," said Jerry Beilinson. "What Consumer Reports can conclude for you is give you comparisons you can't gain yourself and judgments you can't easily gain yourself. So when you're in the store, what is the performance in terms of quicken of this laptop? Well I'm not going to sight at it or read the spec but and necessarily know what is the battery life if a consumer is looking at a product they can divulge whether they dote the artery it looks, they don't really exigency ConsumerReports or another outside authority to divulge them whether they deem the blue one or red one is better-looking."

"That's not a artery in which a consumer might subsist lacking in information they exigency to gain the purchase," said Beilinson. "What we're really trying to do, primarily, is fill consumers in with information that they exigency to subsist able to gain obliging choices."

One side or another

We treasure that Consumer Reports opened their doors to discuss testing methodology, making the entire process a minute more transparent. Based on their commenters, AppleInsider readers and car aficionados maintain had a faith issue. Trust, once lost, is hard to regain.

In the case of the "antennagate," the public-facing information was about the signal attenuation when the phone was held, with the leisure of the myth behind a paywall. A paywall is any publication's right, as bills conclude maintain to find paid, but the information that was propagated wasn't the all myth —as the group did recommend the iPhone in that paid report.

With the 2016 MacBook Pro, Apple's declarations on the matter, and Consumer Reports noiseless differ. CR has clarified its stance on the matter to us now, and Apple has not beyond it being not a consumer setting —so the all myth for users is somewhere in between. They noiseless feel that this should maintain been addressed with Apple before publication of the initial test results, though.

Regarding the more recent HomePod and the audio comparison, AppleInsider noiseless believes that the comparison the selfsame day that the product was released wasn't handled well at all. Additionally, while an analysis in a vacuum of a product can subsist done rapidly, they conclude not believe that any kindhearted of meaningful comparison between complicated products dote the HomePod and Google Home Max that Consumer Reports aims to conclude can subsist completed from start to publication in a matter of hours.

This entire said, there are a few things they conclude from their visit to Consumer Reports. Having viewed their testing process and met with their team, they are confident that they conclude not harbor a purposeful anti-Apple agenda, nor is there any sort of conspiracy against Apple afoot behind the CR walls. Their complete testing and evaluation process is conducted with integrity and in obliging faith.

However, there may very well subsist something about CR's analytical, numbers-driven process that clashes with the design-heavy Apple ethos, and makes their conclusions about Apple products different from those of more traditional reviewers. Even so, this hasn't stopped them from recommending most of Apple's lineup.

The Trump Administration Should Conduct a "Disparate impact Inventory" | killexams.com real questions and Pass4sure dumps

In Ricci v. DeStefano (2009), a Title VII case that concerned the tension between liability for actual discrimination and liability for disparate impact, Justice Scalia began his concurrence this way:

I associate in the Court's persuasion in full, but write separately to observe that its resolution of this dispute merely postpones the evil day on which the Court will maintain to confront the question: Whether, or to what extent, are the disparate-impact provisions of [Title VII] of the Civil Rights Act of 1964 consistent with the Constitution's guarantee of equal protection?

(Emphasis added.)

Scalia wasn't the first to question the constitutionality of disparate impact liability. After Grutter v. Bollinger (2003), it was made transparent that the Supreme Court would apply strict scrutiny to laws and policies that discriminate against the racial majority and not just against racial minorities. That set off alarm bells among disparate impact liability's supporters. The constitutionality issue identified by Scalia had thus been getting attention from scholars (and not just conservatives) for a while.

Disparate impact liability--as adopted in Griggs v. Duke Power Co. (1971)--presumptively forbids employers from using hiring criteria that maintain a disproportionate consequence on racial minorities (or women) regardless of whether the employer was motivated by a desire to discriminate against applicants based on race (or sex). It even applies when the employer was unaware of the disproprotionate consequence of its hiring criteria. Only "business necessity" (an undefined term) is a defense. So, for example, an employer cannot require the applicants for a particular job to maintain a high school diploma if such diplomas are more likely to subsist held by whites than by African Americans unless the employer can establish a commerce necessity for doing so.

(Note, as I maintain pointed out before, one problem is that entire job qualifications maintain a disparate impact on some protected group. This makes everything presumptively illegal. But that's another story.)

The U.S. Commission on Civil Rights flatly stated back in the 1980s that disparate impact liability "cannot subsist sensibly applied to white males" given that the purpose of the liability is to uproot historical and concurrent sexism and racism. Academics maintain agreed. And during the debates over the Civil Rights Act of 1991 (amending Title VII to at least acknowledge the existence of disparate impact liability and limit its application), Members of Congress repeatedly stated that disparate impact liability was for women and minorities. I am not alert of any cases in which a white virile has prevailed on a disparate impact theory.

All that means disparate impact liability discriminates against whites by not affording them the selfsame protections as others. Strict scrutiny would therefore exigency to subsist applied. (Arguably, intermediate scrutiny could subsist applied to the sex discrimination aspects, but since they were a package deal, strict scrutiny might exigency to subsist applied to the package instead.)

Some maintain suggested that disparate impact could and should subsist fixed by applying it everybody. But even if it did extend it to white males, I don't believe that would unravel the problem. Equal Protection is about individuals, not groups. If one applies disparate impact liability to, for example, the NBA to aid whites and to the City of unusual Haven Fire Department (which was the employer in the Ricci case) to aid African Americans, that doesn't even things out. frank Ricci was qualified for a promotion at the Fire Department. He isn't immediate to qualified for the NBA (or many other jobs where whites may subsist statistically under-represented). He is noiseless being discriminated against on account of his race. If half the industries in the country discriminate against African Americans and the other half discriminate against whites, that's not equity. That's just an abundance of discrimination.

The question is then: Can Griggs-style disparate impact liability survive strict scrutiny? If you want to know my thoughts, select a sight at a talk I gave at the Federalist Society's 2018 Executive offshoot Review: It's Time for the Executive offshoot to Conduct a "Disparate impact Inventory." (The link is to a written and footnoted version of the talk.) In it, I roughly sketch out why I deem disparate impact liability under Title VII might not survive.

Here (as well as in the talk) I am more interested in a limited point: Because the Trump Administration has a duty to comply with the Constitution, it needs to find a ply on this issue. It needs to figure out where statutes, regulations, and policies maintain been interpreted to extend to disparate impact in a racial context and where they haven't been and why. In addition, for each statute, regulation, or policy that is being interpreted to impose liability for disparate impact, it needs to find a ply on why it is thought that it would pass strict scrutiny.

One possibility is for the Department of Justice to interrogate entire agencies that implement an anti-discrimination statute, regulation, or policy dealing with race to respond to the following questions:

  • Do you interpret your statute, regulation, or policy to impose liability for disparate impact?
  • If so, what is the legal basis for that intrepretation? (In some cases, the respond will subsist obvious: For example, Title VII is considered a disparate impact statute, because the Supreme Court so held in Griggs. But in other cases, it will subsist less obvious.)
  • How does disparate impact liability toil under that statute, regulation, or policy (e.g. what defenses apply?), and what is the agency's legal basis for thinking so? (Not entire disparate impact liability is Griggs-style.)
  • Finally, why does the agency believe disparate impact liability will survive strict scrutiny? What's the compelling interest? Why is it narrowly tailored to achieve that purpose? Each agency should select its best shot at answering these questions accurately with participation by both political and career staff. Once the Administration has that information, it can inaugurate to settle whether the arguments in favor of disparate impact liability's constitutionality are infirm or tenacious and what, if anything, needs to subsist done about it.
  • Especially given Justice Scalia's concurrence in Ricci, this issue deserves to subsist taken seriously.

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