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-   -   source code (http://cellar.org/showthread.php?t=15360)

xoxoxoBruce 09-12-2007 01:59 PM

source code
 
Quote:

MIAMI - Timothy Muldowny's lawyers decided on an unconventional approach to fight his drunken driving case: They sought computer programming information for the Intoxilyzer alcohol breath analysis machine to see whether his test was accurate.

Their strategy paid off.

The company that makes the Intoxilyzer refused to reveal the computer source code for its machine because it was a trade secret. A county judge tossed out Muldowny's alcohol breath test — a crucial piece of evidence in a DUI case — and the ruling was upheld by an appeals court in 2004.

Since then, DUI suspects in Florida, New York, Nebraska and elsewhere have mounted similar challenges. Many have won or have had their DUI charges reduced to lesser offenses. The strategy could affect thousands of the roughly 1.5 million DUI arrests made each year in the United States, defense lawyers say.
more

It seems this is getting a lot of use around the country and the courts are going both ways with it. It's caused enough confusion the the legislators are proposing changes in the law.

Flint 09-12-2007 02:01 PM

Quick! How can we capitalize on the loophole?!

BigV 09-12-2007 02:15 PM

Substitute "electronic voting machine" for "Intoxilyzer".

Still think it's a loophole?

Certainly you're familiar with Easter Eggs, or a "boss key". Why couldn't there be some sequence of events, that produces a result that deviates from "normal" operation? This happens ALL the time in programming situations. There is an inherent need to have a meta frame of reference in programming situations. Verifying the source code is an excellent way (perhaps excessively thoroughly) of determining if the software is "fair".

SteveDallas 09-12-2007 02:17 PM

Quote:

Originally Posted by Flint (Post 384605)
Quick! How can we capitalize on the loophole?!

You could develop your own breathalyzer from scratch and open-source the firmware code, then market it to law enforcement.

I'm sure between the manufacturers, the police, and the legislators, this will be covered up fairly quickly. There must be some way to demonstrate the accuracy of an analyzer that will be acceptable in court.

xoxoxoBruce 09-12-2007 07:40 PM

Sure Steve, some legislatures are moving that way but it remains to be seen if they can do it in a manner that will hold up to a constitutional challenge.
Also there is another argument:
Quote:

FDLE officials say that even if the state had access to the source code it would not necessary to test the validity of the breath results. Laura Barfield, alcohol testing program manager at FDLE, said each of the 408 Intoxilyzer 5000s used in Florida — soon to be replaced by the 8000 model — are regularly run through painstaking tests at the state and local levels.

lumberjim 09-12-2007 10:37 PM

Quote:

MIAMI - Timothy Muldowny's lawyers decided on an unconventional approach to fight his drunken driving case: They sought computer programming information for the Intoxilyzer alcohol breath analysis machine to see whether his test was accurate.

Their strategy paid off.

The company that makes the Intoxilyzer refused to reveal the computer source code for its machine because it was a trade secret. A county judge tossed out Muldowny's alcohol breath test — a crucial piece of evidence in a DUI case — and the ruling was upheld by an appeals court in 2004.

Since then, DUI suspects in Florida, New York, Nebraska and elsewhere have mounted similar challenges. Many have won or have had their DUI charges reduced to lesser offenses. The strategy could affect thousands of the roughly 1.5 million DUI arrests made each year in the United States, defense lawyers say.

effect. not affect.

xoxoxoBruce 09-12-2007 10:59 PM

Huh?

lumberjim 09-13-2007 11:11 AM

Quote:

The strategy could affect thousands
grammar nazziing your quote. not that you wrote it. just channeling dar512.

Shawnee123 09-13-2007 11:40 AM

No, it's affect, in this case.

Rexmons 09-13-2007 12:47 PM

i think any software used to help convict someone in the court system should have open source code, mandatory.

Clodfobble 09-13-2007 01:00 PM

Yeah LJ, Shawnee's right, affect is the verb, effect is the noun.

Except in the very rare case where effect is also a verb meaning "to put into effect" rather than "to alter;" i.e., to effect change.

xoxoxoBruce 09-13-2007 02:59 PM

That's what I thought.

glatt 09-13-2007 03:17 PM

I thought so too, but LJ made me question myself. Cock.

Perry Winkle 09-13-2007 03:59 PM

The distinction between affect and effect is disappearing from modern English...

dar512 09-18-2007 11:24 AM

Quote:

Originally Posted by lumberjim (Post 384855)
grammar nazziing your quote. not that you wrote it. just channeling dar512.

Hey! I've never been a grammar nazi......here.....much.

Plus, I'm pretty sure the original is correct.


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