Driving automobiles

Accused DUIs demand right to examine breathalyser software

This may have implications for elections also since many citizens are
demanding that the makers of electronic voting machines disclose their
source code too.

http://www.freedom-to-tinker.com/?p=914

Friday October 21, 2005 by Edward W. Felten

Lawyers for 150 Floridians accused of drunk driving have asked a court
to order the disclosure of the source code for software running in the
breathalyzer machines used by police to analyze their blood alcohol
level, according to a Tom Sanders story on vunet.

The defendants say they have the right to examine the machines that
accused them, and that a meaningful examination requires access to the
machines’ software. Prosecutors say the code is a trade secret.

The accused are right that one needs the code to understand fully how
the machines work. The machines consist of sensors, a user interface,
and control software. The software is the “brain” of the machine, and
it is almost certainly involved in the calculations that derive a
blood alcohol value from the sensor readings, as well as the display
of the calculated value. If the accused have the right to fully
examine the machines — and the article says that they do under Florida
law — then they should see the source code.

Contrary to the article and some other commentators, this is not a
dispute over whether the software should be open source. The accused
aren’t seeking to open the software to everybody; they only want it
opened to their legal teams.

There are standard practices for handling trade-secret information
that must be turned over in court cases. A court will typically
establish a protective order, which is a kind of nondisclosure
agreement covering secret material that is turned over by one side to
the other. The protective order will require parties to keep the
information secret and to use it only for purposes related to the
court proceedings. Typically the information can be turned over to a
limited number of expert analysts who have also signed the protective
order. Documents containing secret information are filed under seal,
and testimony about secret matters may take place in a closed
courtroom.

So this issue is not about open source, but about ensuring fairness
for the accused. If they’re going to be accused based on what some
machine says, then they ought to be allowed to challenge the accuracy
of the machine. And they can’t do that unless they’re allowed to know
how the machine works.

You might argue that the machine’s technical manuals convey enough
information. Having read many manuals and examine the innards of many
software systems, I’m skeptical of such claims. Often, knowing how the
maker says a machine works is a poor substitute for knowing how it
actually works. If a machine is flawed, it’s likely the maker will
either (a) not know about the flaw or (b) be unwilling to admit it
exists.

If the article’s description of Florida law is correct, this seems
like a pretty easy decision for the court.

Comments (20)




20 Responses to “Accused DUIs demand right to examine breathalyser software”

  1. admin says:

    On Mon, 24 Oct 2005 07:02:38 GMT, laura bush – VEHICULAR HOMICIDE

    <xeton2…@yahoo.com> wrote:

    >This may have implications for elections also since many citizens are
    >demanding that the makers of electronic voting machines disclose their
    >source code too.

    Yes, it should – and both should be open to examination.

    >If the article’s description of Florida law is correct, this seems
    >like a pretty easy decision for the court.

    yes – I’m surprised you bring this up – ANY bug in the software could
    be grounds for dismissal of lots of DUI cases.

    Innocent until proven guilty you know – ain’t that a bitch?

    HAHAHAHAHAHA

  2. admin says:

    What is unbelievable, Ted Kennedy did not serve a
    single day in a jail cell, for Vehicular Homicide.
    It is all about affluence and mighty bucks.

    What is absolutely Amazing! He continues to
    serve as a U.S. Senator.

    He is a low-Life Drunk with bucks in his pocket.

    "Ben" <nonspecif…@null.null> wrote in message

    news:f93pl1tvp7r75bv7p1m5agk0faudtn07f2@4ax.com…

    - Hide quoted text — Show quoted text -

    > On Mon, 24 Oct 2005 07:02:38 GMT- Tedddy Kennedy – VEHICULAR HOMICIDE
    > <xeton2…@yahoo.com> wrote:

    >>This may have implications for elections also since many citizens are
    >>demanding that the makers of electronic voting machines disclose their
    >>source code too.

    > Yes, it should – and both should be open to examination.

    >>If the article’s description of Florida law is correct, this seems
    >>like a pretty easy decision for the court.

    > yes – I’m surprised you bring this up – ANY bug in the software could
    > be grounds for dismissal of lots of DUI cases.

    > Innocent until proven guilty you know – ain’t that a bitch?

    > HAHAHAHAHAHA

    —————————————-
    I am using the free version of SPAMfighter for private users.
    It has removed 443 spam emails to date.
    Paying users do not have this message in their emails.
    Try http://www.SPAMfighter.com for free now!

  3. admin says:

    Polish Prince (Szynka) wrote:
    > What is unbelievable, Ted Kennedy did not serve a
    > single day in a jail cell, for Vehicular Homicide.
    > It is all about affluence and mighty bucks.

    Well – the case against him was pretty weak.  In contrast to that
    against laura bush where even the police report said the fatal crash
    was her fault.

  4. admin says:

    "Polish Prince \(Szynka\)" <wawrzek…@worldnet.att.net> wrote in
    news:CQ17f.173166$qY1.40265@bgtnsc04-news.ops.worldnet.att.net:

    > What is unbelievable, Ted Kennedy did not serve a
    > single day in a jail cell, for Vehicular Homicide.
    > It is all about affluence and mighty bucks.

    What’s even more unbelievable is that states like Florida still use a
    breathalyzer as the only means to detect OWIs. Wisconsin the accused is
    actually given a full blood test to see if they have a high BAL.


    "It’s interesting. I see all these political ads and all these
    commentators say it’s our job as Americans to vote. Let me tell
    you something, with Bush in charge of the economy, this might
    be the only job you have all year." -Jay Leno

  5. admin says:

    Polish Prince (Szynka) wrote:
    > What is unbelievable, Ted Kennedy did not serve a
    > single day in a jail cell, for Vehicular Homicide.
    > It is all about affluence and mighty bucks.

    > What is absolutely Amazing! He continues to
    > serve as a U.S. Senator.

    > He is a low-Life Drunk with bucks in his pocket.

    Well he has good company. Murdering first lady Laura Bush never served
    time either.

  6. admin says:

    > > What is unbelievable, Ted Kennedy did not serve a
    > > single day in a jail cell, for Vehicular Homicide.
    > > It is all about affluence and mighty bucks.

    > Well – the case against him was pretty weak.

    You’re just another lying dem criminal coddler in love with another
    drunk.  How many people have you and your buddy Teddy killed and
    maimed?  At least 1!!!

  7. admin says:

    In article <1130181136.215114.135…@z14g2000cwz.googlegroups.com>,
     "Larry Bud" <larrybud2…@yahoo.com> wrote:

    > You’re just another lying dem criminal coddler in love with another
    > drunk.  How many people have you and your buddy Teddy killed and
    > maimed?  At least 1!!!

    You must be a bush coddeling lying rightwing nutjob.  How many people
    has your buddy laura bush killed & maimed?  At least 1 !!!!  And she
    still walks free!

  8. admin says:

    mark wrote:
    > In article <1130181136.215114.135…@z14g2000cwz.googlegroups.com>,
    >  "Larry Bud" <larrybud2…@yahoo.com> wrote:

    > > You’re just another lying dem criminal coddler in love with another
    > > drunk.  How many people have you and your buddy Teddy killed and
    > > maimed?  At least 1!!!

    > You must be a bush coddeling lying rightwing nutjob.  How many people
    > has your buddy laura bush killed & maimed?  At least 1 !!!!  And she
    > still walks free!

    It’s not like she used Senatorial priviledge to bury a DUI case.

  9. admin says:

    "mark" <markjs1@*nospam*yahoo.com> wrote in message

    news:markjs1-34DFBC.13391524102005@newsclstr02.news.prodigy.com…

    > In article <1130181136.215114.135…@z14g2000cwz.googlegroups.com>,
    > "Larry Bud" <larrybud2…@yahoo.com> wrote:

    >> You’re just another lying dem criminal coddler in love with another
    >> drunk.  How many people have you and your buddy Teddy killed and
    >> maimed?  At least 1!!!

    > You must be a bush coddeling lying rightwing nutjob.  How many people
    > has your buddy laura bush killed & maimed?  At least 1 !!!!  And she
    > still walks free!

    You guys have simply got to get a grip on both Laura Bush and Teddy Kennedy.
    It’s all water under the bridge (pun intended) for pete sake!  Get on with
    something that matters, will ya?!  Geesh!

  10. admin says:

    Laura Bush murdered her boy friend wrote:

    > Polish Prince (Szynka) wrote:
    > > What is unbelievable, Ted Kennedy did not serve a
    > > single day in a jail cell, for Vehicular Homicide.
    > > It is all about affluence and mighty bucks.

    > Well – the case against him was pretty weak.  In contrast to that
    > against laura bush where even the police report said the fatal crash
    > was her fault.

    Was alcohol involved in Laura Welch’s case?

    Witnesses put Teddy drinking for the entire afternoon and evening prior
    to his departure with Mary Jo. I wonder why he didn’t hang around and
    wait for the police after he murdered Mary Jo?

  11. admin says:

    On Mon, 24 Oct 2005 09:30:10 GMT, Polish Prince (Szynka)
    <wawrzek…@worldnet.att.net> said the following in rec.autos.driving…  

    > What is absolutely Amazing! He continues to
    > serve as a U.S. Senator.

    What is absolutely disgusting is that he keeps getting elected time and
    time again…


    Paul.

    Self appointed unofficial overseer
    of kooks and trolls in rec.autos.driving
    and eternal roamer of the dark side of
    usenet #6.659 (gas price of the beast).

  12. admin says:

    On Mon, 24 Oct 2005 20:38:46 GMT, mark <markjs1@*nospam*yahoo.com> said
    the following in rec.autos.driving…  

    > You must be a bush coddeling lying rightwing nutjob.  How many people
    > has your buddy laura bush killed & maimed?  At least 1 !!!!  And she
    > still walks free!

    And do tell, exactly *what* executive or legislative authority does laura
    bush hold? And Exactly *what* executive or legislative authority does ted
    kennedy hold?

    Call me crazy, but I have a problem with murderers who used political
    connections to get away with their crimes having the slightest
    involvement in making the laws that the rest of us have to obey.

    If you elitist libs cant’t handle that, tango sierra!


    Paul.

    Self appointed unofficial overseer
    of kooks and trolls in rec.autos.driving
    and eternal roamer of the dark side of
    usenet #6.659 (gas price of the beast).

  13. admin says:

    Paul. wrote:
    > On Mon, 24 Oct 2005 20:38:46 GMT, mark <markjs1@*nospam*yahoo.com> said
    > the following in rec.autos.driving…

    > > You must be a bush coddeling lying rightwing nutjob.  How many people
    > > has your buddy laura bush killed & maimed?  At least 1 !!!!  And she
    > > still walks free!

    > And do tell, exactly *what* executive or legislative authority does laura
    > bush hold?

    What the fork does that have to do with anything?? She KILLED a guy by
    her reckless driving and not a damn thing has ever been done to her.
    Stop the criminal coddling.

  14. admin says:

    Laura Bush murdered her boy friend wrote:

    > Polish Prince (Szynka) wrote:
    > > What is unbelievable, Ted Kennedy did not serve a
    > > single day in a jail cell, for Vehicular Homicide.
    > > It is all about affluence and mighty bucks.

    > Well – the case against him was pretty weak.  In contrast to that
    > against laura bush where even the police report said the fatal crash
    > was her fault.

    How was the case weak against Kennedy? He left the scene and left the
    woman to die in the river. John Travolta was only there to save her in
    the movie "Blow Out", not in real life.


    "Throw me that lipstick, darling, I wanna redo my stigmata."

    +-Jennifer Saunders, "Absolutely Fabulous"

  15. admin says:

    Paul. wrote:
    > On Mon, 24 Oct 2005 09:30:10 GMT, Polish Prince (Szynka)
    > <wawrzek…@worldnet.att.net> said the following in rec.autos.driving…  

    >>What is absolutely Amazing! He continues to
    >>serve as a U.S. Senator.
    > What is absolutely disgusting is that he keeps getting elected time and
    > time again…

    People like him.  The Republicans can’t even find a serious condidate to
    run against him.  The last time they ran Jack E. Robinson who has had a
    few car crashes of his own, including one while he was doing a radio
    interview on his cell phone.


    John Mara

  16. admin says:

    Laura Bush murdered her boy friend:

    > Well – the case against him was pretty weak.

    You blood guzzling ghoul! Only because that fat masshole hid the crime
    for almost 1/2 a day – long enough for him to sober up and the water to
    deal with the rest of the evidence.

    Also helps that he had the cops in his back pocket to botch what was left
    of the investigation and deny justice for Mary Jo. Its time for some
    street justice to send fat ass (both kennedy and you) to hell where you
    both belong.

  17. admin says:

    On Wed, 26 Oct 2005 00:47:51 GMT, John Mara <johnm…@nycap.rr.com> said
    the following in rec.autos.driving…  

    > People like him.  The Republicans can’t even find a serious condidate to
    > run against him.  The last time they ran Jack E. Robinson who has had a
    > few car crashes of his own, including one while he was doing a radio
    > interview on his cell phone.

    Politicians in MA seem to be rather accident prone…

    Memo to self: stay out of MA.

  18. admin says:

    On 24 Oct 2005 23:03:06 -0700, Laura Bush murdered her boy friend
    <xeton2…@yahoo.com> said the following in rec.autos.driving…  

    > What the fork does that have to do with anything?? She KILLED a guy by
    > her reckless driving and not a damn thing has ever been done to her.

    You know damn well what it has to do with anything. Kennedy murdered his
    misteress to keep secret things that would bring his political ambitions
    down. Fortunately it has kept his fat ass out of the whitehouse.

    And BTW, the word is "FUCK," not "fork." You sound like a fucking idiot
    saying "fork."

    > Stop the criminal coddling.

    The same time that they stop coddling ted kennedy.

  19. admin says:

    - Hide quoted text — Show quoted text -

    John Mara wrote:
    > Paul. wrote:

    > > On Mon, 24 Oct 2005 09:30:10 GMT, Polish Prince (Szynka)
    > > <wawrzek…@worldnet.att.net> said the following in rec.autos.driving…

    > >>What is absolutely Amazing! He continues to
    > >>serve as a U.S. Senator.

    > > What is absolutely disgusting is that he keeps getting elected time and
    > > time again…

    > People like him.  The Republicans can’t even find a serious condidate to
    > run against him.  The last time they ran Jack E. Robinson who has had a
    > few car crashes of his own, including one while he was doing a radio
    > interview on his cell phone.

    > —
    > John Mara

    I honestly didn’t believe you until I found
    http://www.anecdotage.com/index.php?aid=969 .

    "Hours after formally announcing his candidacy, Robinson found himself
    in a three-car accident, which occurred while he was conducting a live
    radio interview via cellphone. (Listeners were treated to the sounds of
    squealing tires and slamming metal.) Topping things off, a witness
    accused Robinson of trying to flee the scene of the accident – an
    unfortunate leveller in a race against Kennedy…"

    Classic case of the two parties proving how alike they really are.

    Dave

  20. admin says:

    On Wed, 26 Oct 2005 00:47:51 GMT, John Mara <johnm…@nycap.rr.com>
    wrote:

    >Paul. wrote:

    >> On Mon, 24 Oct 2005 09:30:10 GMT, Polish Prince (Szynka)
    >> <wawrzek…@worldnet.att.net> said the following in rec.autos.driving…  

    >>>What is absolutely Amazing! He continues to
    >>>serve as a U.S. Senator.

    >> What is absolutely disgusting is that he keeps getting elected time and
    >> time again…

    >People like him.  The Republicans can’t even find a serious condidate to

    It has nothing to do with that.  The problem is that liberals from
    messachoosets are too stupid to realize how much they are getting
    screwed.