Breathalyzer source code must be disclosed

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I disagree

As with most concepts outside the scope of the law, experts must have a consensus. Jurors, judges and defense attorneys can't be expected to comprehend source code, so if the defense wants to challenge it, they'll need an expert to testify. The expert can use the powers of the court to get access to the information that he needs to analyze, but it does not neeed to be made public. You'll ask, how do we know that the expert is being honest, and the answer is that the other side (prosecution, in this case) can have their experts examine the code as well, and testify to their findings. Which one to believe, if they don't agree, is then up to the judge or jury.

A 'closed source' program can be treated exactly the same way as an open source program for this purpose.

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

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