Previous Politech messages: http://www.politechbot.com/2005/06/08/more-on-breathalyzers/ http://www.politechbot.com/2005/06/07/dui-cases-tossed/ -------- Original Message -------- Subject: Re: [Politech] More on breathalyzers: Only open source forensics can be trusted? Date: Wed, 08 Jun 2005 23:48:25 -0400 From: Omri Schwarz <ocschwar@private> To: Declan McCullagh <declan@private> It's absurd to let devices that send people to jail be less subject to scrutiny and calibration than the fruit scale at your local stire... -------- Original Message -------- Subject: RE: [Politech] More on breathalyzers: Only open source forensics can betrusted? Date: Thu, 09 Jun 2005 08:08:49 -0500 From: Richard Diamond <me@private> To: declan@private Sadly, the intoxilyzer case is not as promising as the news article would make one think. Text of the case: http://www.5dca.org/Opinions/Opin2004/022304/5D02-4035.op.pdf The basis of the decision appears more that the machine was certified, but the manufacturer later changed some parts so there's no proof that the original test is valid without documentation -- which they won't provide. Testing replaces openness. Other Florida courts are ruling that trade secrets don't need to be revealed. So says the Orlando Sentinel: http://www.orlandosentinel.com/orl-asecdrunk01060105jun01,0,322857.story?page=2&coll=orl-home-headlines I'm on another mailing list with people who actually fought lidar (laser version of radar) on the same basis. The courts in New Jersey allowed police to test the lidar gun against cars with calibrated speedos and DOT certifed in-ground loops. If it passed, it was certified "accurate" even though they wouldn't reveal the trade secrets, i.e. source code. This is relevant, because Lidar has a tendency to accuse people of driving impossible speeds. An examination of the source code would show this technology is flaky -- and that would cut into the revenue stream. http://www.thenewspaper.com/news/02/224.asp http://www.thenewspaper.com/news/01/175.asp _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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