How, in the same article, do you say "an expert examined the assembly of the software and determined there is no code that records or reports back" then follow

How, in the same article, do you say "an expert examined the assembly of the software and determined there is no code that records or reports back" then follow that a little later with "carrier IQ doesn't make the decision, they provide the software with flags that the carriers can configure to record and/or report back".... These two statements don't really mesh up.