Numbers in parenthesis refer to links at the bottom of this site, for easy reference. TS refers to the description of treason set out by law.
Crime prevention is a hallmark of the FBI. As recently as last Thursday, January 11th, FBI Director Wray, at a cyber threat conference at Fordham University, said (2) “the FBI is committed to developing its workforce’s cyber expertise, building partnerships, and punishing cyber criminals who target the United States”. Because you can’t fix what you don’t know is broken, I am writing you about the telematics cyber tracking mandate by FMCSA. It threatens our country (2) as it opens trucks up to remote takeover of their brakes and steering through its cyber connection; an irresistable temptation to both domestic criminals and state operatives.
According to www.fbi.gov/investigate/cyber the FBI’’s top priorities here are:
........ To protect the US from cyber and high tech crimes and corruption
........ To protect the US from terrorists and espionage, criminal organizations and violent crime.
Ishall show that our concern is with all these areas plus I shall show how it came about and how to fix it.
FMCSA operates from a punative paradigm, created by an adversarial advisory committee and fear mongering by manufacturers that stand to make billions of dollars from the turmoil and confusion they create. I will show how a law, made by Congress and the FMCSA in 2015, called 49 U.S. Code 31137, the Electronic Logging Device mandate, which forces installation of and allows the sale of, telematic data tracking devices on all commercial vehicles, has left us to the mercy of a defective machine that can shut a semi’s motor off from a simple malfunction, like the Landstar driver who’s device shut his truck off and on in OH, going over 60 mph on a two lane road (10) , exposes us to cyber crime (19 20 21 22) by both national and international criminal organizations, including terrorists; has exposed (13 16) us to violent crime including hijacking and ransomware; how this mandate is based on corruption (23) at the highest levels in the military/industrial complex and how the selling of these defective devices, per this mandate, falls within the parameters of treason (8 TS,) high tech crimes (23) and corruption from collusion and kickbacks (11.)
What prompted me to research deeper into this threat is when I read the article in the Guardian (7) regarding telematics and its ‘back door’, the Trojan Horse access point, that was built-in to all chips in telematic devices, (Trojan horse is any designed computer program which can be used to remotely hack into a computer by organized crime or hostile state agents, irregardless of the marketer’s spin of its neutral intent.) To support my claims here, I have simply mined the wealth of publicly available data collected on the internet. (2 26)
Telematic devices for commercial vehicles have been disputed as far back as 1999, (25) because of this Trojan Horse defect. This was kept a secret from the public, (7) however, because Trojan Horses provide direct remote access to vehicles’ operating systems for the ‘black hats’ as well as the ‘white hats’. Which means Trojan Horses allow hostile takeover of any vehicle that these devices are installed in, making cargo theft or terrorist attacks easy as pie to accomplish (2). FMCSA and the makers know of this, (3 – 26) but, because they also know no one would ever agree to allow these in their vehicles if the risks were revealed, they have spun them as vehicle safety and control upgrades, thus guaranteeing their $2 Billion payday was protected, even if we weren’t.
The beginning of the big push for telematics in trucks began around 2007 (9), when 465 out of 700,000 trucking companies were forced by FMCSA to install telematic data trackers on all their vehicles, because their drivers were discovered working past the daily hours allowed by law. But, that’s only 00065 % . That’s pathetic kindergarden logic (5) to justify a $2 Billion dollar “punishment” for the rest of us who operate professionally.
Common sense tells us that the last thing a commercial carrier wants is another law that restricts the number of loads it can accept and haul, and oh how they started to feel the pinch in their pocketbooks. So by 2011, through the ATA, they campaigned Congress and the FMCSA to insist that all other carriers be mandated to adopt these trackers, now called electronic logs, to ‘level the playing field’. Suddenly, these law breakers moved to the side of the angels and when they declared that these defective telematic data trackers, their punishment, had segued into a safety device, the ‘black hats’ cheered. (13 14 17) They should have sent a cake and flowers to FMCSA for this windfall opportunity. But they didn’t, because they were too busy. Since money talks, FMCSA put the ATA (4) and Omnitracs (23) on their advisory committees, allowing them to advise, design and sell these defective devices with impunity.
Since we are clearly at war with ISIS, (they are the ‘black hats’), and it is common news that they are very computer savvy, designing and selling these vulnerable devices meets the charge of aiding and abetting our cyber enemies, by Omnitracs, ATA and FMCSA. That is clearly against Article 3. (8 TS)
Although online articles wax poetic on telematics for tracking, the ‘black hats’ love them too, and by the time the cavalry arrives, it is all over but the shouting. The FBI estimates reported cargo theft in the U.S. costs businesses $30 billion a year, so “it’s not far-fetched to imagine cyber criminals taking over a truck, capturing the driver and his load for theft or ransom or even cyber terrorists causing a driver to lose control of the safety-critical functions of his 80,000-pound truck,” (13) turning him into an unwilling suicide bomber.
In spite of these well documented defects, (2 6) telematics are touted by the makers, and most of the media who interview and quote them, as mega-control devices that somehow magically segue into safety. Perhaps it’s because the makers of telematics data tracking devices and the publishers have dollar signs in their eyes, and you know, the ad income from those quarter page ads, which is a drop in the mega-makers budget, is hard to turn down. It seems fairly obvious that the entire system is a travesty and ripe for abuse. Just ask the FBI. (19)
Omnitracs, the largest maker of telematic data trackers, who have admitted their devices are unsafe, (23) now stands to make over $3Million per year in airtime charges, forever, from just one trucking company, Landstar, who has over 8,800 trucks under lease. Plus they will profit another $9Million from the initial sales of these 8,800 devices at an average cost of $1,000. You think these charges would go over well with the stock holders? There must be kickbacks for at least half these air charges or a new board of directors would be seated pretty quickly. A court case, where Omnitracs hides its fees, implies this pretty strongly. (11 ) And there are over 3 million trucks that will end up paying them these fees, for a cool $2Billion per year profit. Rocket Science?
This potential for mega profits should immediately raise the alarm about profiteering, collusion and payoffs. Money talks and transparency is on the back burner, neglected by the mad scramble for unchallenged profits and the lure of control of the majority of us who have been at the forefront of safety on our nation’s highways. For sure we know that the makers are keeping the spin of safety and control going because of the lifetime profit that will accrue to them. And by Omnitracs calling the shots, FMCSA can just sit back and bask in glory, while their budget grows every year to....fight for safety? Arizona beach front property anyone?
From the above examples, and two online articles in August of 2016 where Omnitracs sorta , kinda, admitted the danger (16) of their telematics and another, where Assistant U.S. Attorney General John Carlin told Trucks.com he was worried (18) "that an increasing array of autonomous driving features could turn trucks into terrorist weapons", it seems a well established fact that telematics are dangerous to the drivers forced to work under them and the commuters beside them. It is also very clear that their vulnerability to hacking needs to be kept from drivers, (7) because, once the danger was known, it would put Omnitracs out of business. Yet FMCSA allows them to be sold and installed on over three million 80,000# mobile platforms, that, as the FBI and NTSB admit, (2) will soon be turned into terrorist weapons. Have I mentioned Article 3? (TS)
At this point, we are faced with the dilemna of the Emperor’s new clothes: the media, the carriers and makers have clothed this lie with threads spun as safety. The media just to get the advertising revenue; the carriers because of kickbacks (11) that partially replace the lost income; and the makers because of the obscene profits. The bank statements have blinded them to the truth. Oh, hello little boy, what’s that you’re saying, you see no safety garments here? By golly, you’re right!
Besides this issue, which is closest to my heart, the fallout from the dark side of elds is that the makers have been supplying our military (7) with the same defective computer chips for many years. The Navy has already been hacked, as has NSA, the IRS and the State Department.
So what’s a poor FBI agent to do? We think the FBI might first have need of a direction, don’t you? The first contact is the University of Michigan Transportation Research Department (3). They did extensive research on remote control of a truck’s operating system. They did the proving. The rest of the links (2 – 26) are independent discovery and confirmation of the dangers we have been exposed to, from these telematics. Combined with the contacts via these links, this overwhelming proof should determine your direction.
To sum it all up, so far, the telematic data tracker has been a solution looking for a problem. The problem is the problem. Because the FMCSA has defined the problem wrongly, saying it is rogue drivers intent on breaking the law, the only solution they see has to be punitive.
No one has thought to ask why. Why do drivers push their limits every day? As you can see from the link numbered four (4 ), FMCSA’s advisory committee is made up of 18 members, 16 of whom are hostile to truckers ie: vengeance groups, police and mega carriers. They exemplify the saying, “if you have a hammer, every problem is a nail.” Therefore, these 16 members, who already have an agenda against drivers, will only look at problems presented to them as criminal matters needing punitive solutions, thus the continual issuance of punishments and restraints disguised as safety advisories.
Ask a driver, any driver, why they push themselves against the clock every day and you will get such a simple answer, “to make a living”, that you will wonder why no one has asked them this question before. Well, if you have a hammer…………….you don’t need to.
And, as is usually the case with the hammer paradigm, no one thinks it through to its unintended consequences, which in this case is the hackable telematics in trucks. Hostile paradigms like FMCSA’s will continue to generate the wrong solutions; so the more restrictions that are placed on drivers, the more they will need to push, going faster, missing sit down meals, driving recklessly, all to make the miles which is all they have by which to make a living.
The dark side of the pay per mile is that drivers must sit payless while shippers and receivers do their work, which can take from 1 – 14 hours to accomplish. As with most problems, defining the problem creates the solution: with drivers, they are restricted by the clock, but paid by the mile, so the obvious solution to the continual push to make miles with its dangers from speeding and recklessness, is to pay drivers by the hour. The computation of this pay is ridiculously simple. Take the current pay per mile, multiply by a 50 mph average and you have the hourly pay. Since drivers are like most of us, if they are paid fairly, they will not feel compelled to push their limits, which will immediately result in more relaxed drivers, confident in their ability to earn a decent living for their families, which will result in less speeding and other poor driving habits.
The dangers of telematics were anticipated nearly 20 years ago. It defies logic then, that in spite of all these warnings, FMCSA has issued their Electronic Logging mandate, which allows the making and selling of these admitedly defective telematic devices with impunity. It also defies logic that FMCSA would force these cyber weapons on innocent drivers, who are the ones whose lives would be at risk. Karma would dictate that when, not if, the first cyber attack turns a semi into a suicide bomber, FMCSA or one of its minions will be the ones traveling alongside it, rather than one of our own loved ones.
Since we all know that most people in positions of authority only act after a tragedy, this is why we write you today, because knowing now what is broken, you can, once again, act proactively to fix it before even one person dies.(13) Of immediate issue at hand, therefore, is for the FBI to expose the telematic mandate and the device it has spawned as a clear and present danger to our drivers, citizens and to our beloved America.(TS)
Please take a moment to bring up this site, #26, which is a further compilation of the whole argument:
26 - https://eobr0elds.wordpress.com/
25 - www.researchgate.net/publication/220615090_Computer_hacking_and_cyber_terrorism_The_real_threats_in_the_new_millennium Furnelb & Warren , 1999 - A book published in 1999, which posits: Cyber terrorists operate with a political agenda which means that these types of attacks, using telematics, will be more specifically targeted and aimed at more critical systems.
24 – 2008 - www.truckinfo.net/trucking/stats.htm#Accident Stats It is an estimated over 3.5 million truck drivers in the U.S. Of that one in nine are independent, a majority of which are owner operators. Class 8 trucks accounted for 139.3 billion miles. Commercial trucks are involved in 2.4% of all car accidents. Trucks are 3 times less likely to be in an accident than a regular motor vehicle. over 500,000 truck accidents occur every year. More than 75% of truck driving accidents are due to the driver of the passenger vehicle. Only 16% of all truck driving accidents are due to the truck driver’s fault. Commercial trucks represent 3.9% of all vehicles registered in Manitoba and are involved in only 2.4% of all accidents. Tractor-trailers are involved less than 3% of all accidents.Truck-drivers were driving properly in over 70% of accidents involving trucks. Vehicle defects are a contributing factor in less than 1% of all truck accidents. Trucks are 3 times less likely to be involved in an accident than a car.The number of trucks involved in accidents in Manitoba is 20% fewer today than 10 years ago. Nationally the accident rate for tractor-trailers has declined over the past 20 years. (By way of comparison, between 1990-96 railway accidents in Canada increased 42%). 95% of the goods moved within Manitoba depend on trucks.
23 - June 2011 - Omnitracs first proposes using internet vs a USB connection.
On FMCSA’s own website, an independent testing lab wrote that “ELDs are too expensive and too open to takeover via the two way signal they use to operate. The lab recommended the flash drive/ USB device and the DOT enforcement community concurred.
22 - April 3, 2014 - https://www.roanoketrade.com/cyber-liability-risks-transportation-logistics-companies/ In a recent report by PricewaterhouseCoopers, “Transportation & Logistics 2030, Volume 4: Securing the Supply Chain,” Data via web-based applications, are vulnerable to hackers and CAN ALSO ATTRACT CARGO THIEVES.
21 - Aug 11, 2015 - https://arstechnica.com/cars/.../hack-of-telematics-device-lets-attackers-mess-with-cars-… It's fast becoming apparent that the CAN bus network—used by cars and trucks for the last two decades—can become a real liability once it's connected to the Internet.
20 - March 6, 2016 – jcarlosnorte.com/security/2016/03/06/hacking-tachographs-from-the-internets.html You can even hack into the can bus of the vehicle remotely.
19 - March 18, 2016 - The FBI says car hacking is a real risk - Help Net Security The FBI has announced that it considers ... hacking a real and present danger, and so should the general public and vehicle manufacturers. ... with the Telematics Gateway Unit (TGU). This device can leak sensitive data, and the FBI has posited that the VEHICLES THEMSELVES PERHAPS CAN BE MANIPULATED VIA THE DEVICE.
18 - July, 14,2016 - , a 19 tonne cargo truck was deliberately driven into crowds of people celebrating Bastille Day on the Promenade des Anglais in Nice, France, resulting in the deaths of 86 people[2] and the injury of 458 others.[4] The driver was Mohamed Lahouaiej-Bouhlel, a Tunisian resident of France.[5][6]
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Omnitracs, who is not an independent lab, but sits on the FMCSA advisory committee rebutted: “Given availability of more secure transmission mechanisms such as transmitting electronic driving records via a central server we see no practical reasons why FMCSA should allow transmitting electronic driving records via wired USB connections.” And it came to pass the ELD maker won, even though all these independent researchers and government agencies rebutted the safety of telematics.
17 - August 2016 - “Following the use of a heavy-duty truck in a terrorist attack in Nice, France, last
month. Assistant U.S. Attorney General John Carlin told Trucks.com that the federal government was worried
that an increasing array of autonomous driving features, which is the installation of telematics, in trucks ...
could turn them into terrorist weapons.”
16 - August 2016 - Omnitracs admitted the design defect when their Product Manager was asked by http://www.fleetequipmentmag.com/hack-heavy-duty-truck/ if a truck could be hacked, when he slyly replied: “Clearly that depends on what type of equipment is installed in the truck,” began Omnitracs Senior Director of Product Management, Jeff Champa, who explained that the issue is one of security and sub-system access. “The sub systems on a vehicle may take action based on inputs from another subsystem on the vehicle. For example, a collision avoidance system may have the need to engage the braking system. Once the braking system is designed to take electronic input from another subsystem on the vehicle that exposes an attack point. Now consider the complexities of a vehicle network and telematics devices that essentially connect the vehicle to the Internet and you start to see the potential safety and security threats to a vehicle.”
15 - August 2016 -/www.wired.com/2016/.../researchers-hack-big-rig-truck-hijack-accelerator-brakes. Remote telematics hacking studied at University of Michigan where the U of M researchers were keen to delve into the likelihood of carrying out the same type of hack,remotely via the telematics links
14 -Dec 12, 2016 - NHTSA warns of this: www.encompassrisksolutions.com/2016/12/27/nhtsa-updated-cyber-security-guidelines-are-you-protected Cyber-attacks pose significant risks for both employers and employees. For example, successful cyber-attacks can TAKE COMMAND OF VEHICLE CONTROLS.
13 - Sept 2017 - http://tanktransport.com/2017/09/cyber-attacks-threaten-trucking/ As connectivity and all its
benefits continue to pervade the trucking industry, truck fleets, operators and their customers are becoming
increasingly susceptible to cyber attacks. It’s not far-fetched to imagine cyber terrorists causing a driver to
lose control of the safety-critical functions of his 80,000-pound truck as the result of a cyber attack. Such a
scenario could potentially have devastating results.Attacks on a truck’s physical systems pose a costly threat
to the transportation industry not only in terms of physical equipment and goods, but more importantly,
human lives.
12 - https://www.cnbc.com/id/47700647 Hackers Could Access US Weapons Systems
11 - Sept 03, 2008 - http://caselaw.findlaw.com/us-11th-circuit/1472639.htmlUnited States Court of Appeals,Eleventh Circuit. No. 07-11866 Landstar Inway, Inc., Qualcomm Incorporated, Defendant-Intervenor-Appellee.
Before EDMONDSON, Chief Judge, and KRAVITCH and ALARCÓN,* Circuit Judges.
*** We vacate the judgment because we conclude that the District Court erred in finding that Landstar was not required to disclose banking fee charges and document charge-back items. We also hold that the District Court erred in granting an injunction sealing the pricing information Omnitracs provided to Landstar.
10 – Sept 7, 2017 - www.overdriveonline.com/hacking-trucks-cybersecurity-and-the-eld-mandate/ S
Owner-operator Chris Guenther knows what it feels like to lose some control over a truck’s electronics. Last summer, his Omnitracs telematics began switching log statuses flickering on and off. “My dashboard started popping all kinds of engine and re-gen codes,” Guenther says. “The truck then de-rated” slightly, but he was many miles away from a good place to get service or even pull off. Guenther called the shop that had just worked on the truck and was referred to Omnitracs, where a tech-support representative recommended a forced reboot. “He told me, ‘It’s going to shut down and reboot five times in a row,’ ” with about 10 seconds between each reboot, he says. “I’m still going 60 mph trying to keep it going. So he does that, and when the MCP50 shut down, so did my engine – 5 times.
9 – 2007 www.gpo.gov/fdsys/pkg/CHRG110shrg79551/html/CHRG-110shrg79551.htm “Federal Motor Carrier Safety Administration proposed in January to require recorders on as few as 465 of the more than 700,000 trucking companies in this country.”
8- Jan, 2018 The Yale Law Journal, Vol. 27, No. 3 (Jan., 1918), pp. 331-347 , www.jstor.org/stable/787437
Treason is the only crime specifically described in the Constitution. Article III, Section 3, provides:
As the Supreme Court said, as we have seen, in Sprott v. United States: "The case is not relieved of its harsh features by the finding of the court that the claimant did not intend to aid the rebellion, but only to make money. It might as well be said that the man who would sell to a lunatic, a weapon with which he knew the latter would kill himself, only intended to make money and did not intend to aid the lunatic in his fatal purpose."45 (p15)
7- May, 2012 - www.theguardian.com/technology/2012/may/29/cyber-attack-concerns-boeing-chip Researchers claim chip used in military systems and civilian aircraft has built-in function that could let in hackers. "The real issue is the level of security that can be compromised through any back door, and how easy they are to find and exploit," Woods said, "a back door is an additional undocumented featured deliberately inserted into a device for extra functionality" – in effect, a secret way to get into the chip and control it.”
6- www.fleetowner.com/blog/data-breaches-it-s-4-million-incident-problem-now-0 The study also found that the average time it takes to identify a breach is about 201 days, with the average time needed to contain a breach at around 70 days. If you haven’t heard the terms “jamming” and “spoofing” in relation to trucking telematics before, you are not alone, Yet Guy Buesnel, product manager for the positioning & navigation business unit at Spirent Communications, warns that such activity has occurred in overseas freight markets and could eventually make their way here to the U.S. “GPS jamming is very prevalent right now, and the jamming equipment is easily procured and very inexpensive,” he told Fleet Owner. “We know that criminals are starting to use jammers to carry out crimes. For example, in Italy gangs have been targeting shipments of scrap metal. They hijack a truck, force the driver to pull over, hold the driver captive and then use a GPS jammer so the cargo can’t be tracked as they drive off with it.” In fact, industrial vehicles that often include telematics systems for fleet management may be easier to hack remotely than consumer vehicles.
5- https://thecornerstoneforteachers.com/should-teachers-use-collective-punishment/ Alright, that's it. You guys can't handle this activity, we're shutting it down right now. Everybody, clean up. It's over.”
4- www.fmcsa.dot.gov/advisory-committees/mcsac/welcome-fmcsa-mcsac MCSAC membership is balanced & composed of 18 experts from motor carrier safety advocacy, safety enforcement, industry, and labor sectors.
V = 5 vengence; P = 4 police; B = 3 bus; I = 1 insurance; MC = 3 mega carriers; L = 2 labor/drivers
16 out of 18 members are non drivers; 13 are hostile to drivers; ATA Vice President of Advocacy Bill Sullivan explained that ATA members are vehemently opposed to attempts, like the one by the House committee last week to delay the ELD
V (5) John Lannen, Chairman,directs the Coalition, CRASH and Parents Against Tired Truckers (PATT) , Norman Henry Jasny, Highway and Auto Safety .Mr. Jasny has served as General Counsel Jane Mathis, Parents Against Tired Truckers Jennifer Tierney, Alternate Voting Member, Citizens for Reliable and Safe Highways Stephen C. Owings, Road Safe America P (4) Bill Dofflemyer, Maryland Department of State Police , Colonel Scott Hernandez, Colorado State Patrol Robert Mills, Fort Worth, TX, Police Department Holly Skaar, Idaho State Police B (3) Bruce Hamilton, Amalgamated Transit Union, Peter Pantuso, American Bus Association Calvin Studivant, Community Coach I (1)David R. Parker, Great West Casualty Company MC (3) Jennifer Hall, American Trucking Associations Danny Schnautz, Clark Freight Lines,operations manager, Greer Woodruff, J.B. Hunt Transport L (2)J. Todd Spencer, Owner Operators Independent Drivers Association LaMont Byrd, Vice Chairman,L International Brotherhood of Teamsters (Labor).
3 – Aug 11, 2016 - www.umtri.umich.edu/ 2901 Baxter Road, Ann Arbor, MI, 48109 (734) 764-6504 http://www.umtri.umich.edu/our-results/publications/truck-hacking-experimental-analysis-sae-j1939-standard IN: Usenix WOOT, August 11-12, 2016, Austin, TX, USA.
https://www.usenix.org/system/files/conference/woot16/woot16-paper-burakova.pdf
AUTHORS: Yelizaveta Burakova, Bill Hass, Leif Millar, André Weimerskirch Consumer vehicles have been proven to be insecure; the addition of electronics to monitor and control vehicles functions have added complexity resulting in safety critical vulnerabilities. Heavy commercial vehicles have also begun addintg electronic control systems. We show how this…..openness gives easy access for safety-critical attacks. And though these experiments were done with a direct computer connection, we envision that soon remote attacks will be possible.
2 – www.cyberwar.news/2016-03–22-fbi-ntsb-warn-that-our-vehicles-are-increasingly-vulnerable-to-hacking.html www.fullyloaded.com.au/industry-news/1608/truck-hacking-experiment-proves-pathway-exists-say researchers, 2013 study by the Defense Advanced Research Projects Agency found researchers could make vehicles “ suddenly accelerate, turn and kill the brakes” www.kodsieengineering.com/commercial-vehicle-hacking-the-new-frontier www.youtube.com/watch DEF CON 24-Cheap Tools fro Hacking Heavy Trucks www.forbes.com/sites/2016/08/windows-pc-truck-telematics-hack-def-con www.fleetowner.com/blog/how-exposed-trucking-data-theft That’s especially true for many areas in trucking, where cargo theft remains a major problem – while data breaches only amplify the issue.
https://www.fbi.gov/news/stories/international-conference-on-cyber-security-2018
TS - Definition of Treason by The Supreme Court
The Supreme Court has said that "any person owing allegiance to an organized government, who makes a contract, by which, for the sake of gain, he contributes most substantially and knowingly to the vital necessities of a treasonable conspiracy against its existence, has committed treason to his government”.
As the Supreme Court said, in Sprott v. United States: "The case is not relieved of its harsh features by the finding of the court that the claimant did not intend to aid the rebellion, but only to make money. It might as well be said that the man who would sell to to a lunatic, a weapon with which he knew the latter would kill himself, only intended to make money and did not intend to aid the lunatic in his fatal purpose."'3
And again, in Hanauer v. Doane: "No crime is greater than treason. He who, being bound by his allegiance to a government, sells goods or makes goods available to the agent of an armed combination to overthrow that government, knowing that these agents will be able to use them for that treasonable purpose, is himself guilty of treason. He voluntarily aids the treason. Chief Justice Shaw, in the famous Webster murder case, states in a most lucid manner: "This rule is founded on the plain and obvious principle, that a person must be presumed to intend to do that which he voluntarily and wilfully does in fact do, and that he must intend all the natural, probable, and usual consequences of his own act.”