Breathalyzer source code must be disclosed

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Technical information on devices used to convict someone must be public!

I personally believe at this point that the defense here is grasaping at straws, and they won't find anything in the source code of the device.

On the other hand, I also believe that technical information regarding how a device works, including all source code, ROM dumps, etc, must be made available when the output of that device is primarily used to convict someone of a crime. No proprietary trade secrets should be allowed. The need to maintain an accountable criminal justice system heavily outweighs the rights for a company to keep trade secrets as intellectual property. If the company wants to horde IP, then it has the right and the choice to not manufature these devices and enter some other lines of business.

Here, I'm talking about devices that are *primarily* used for law enforcement, like breathanalyzers, radar guns, and the like. I'm not talking about the VCR, Tivo, or personal computer that happen to be involved in a crime, even if the crime strongly relies on evidence produced on such devices (such as a video). For the latter, the decision to "open up the trade secrets" can be made by a judge, and sealed if necessary. But devices primarily used for law enforcement should be open to the point that a third party can independently create the device from the specifications and verify its operation and correctness.

Cheers!

Posted by: Root User   Posted on: 11/04/05 You are currently: a Guest | Members login | Terms of Use

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