[clug-talk] OT:: DUI Cases Thrown Out Due to Closed-Source Breathalyzer

[Marcel Lecker]

Hi folks,

This is an interesting read from a number of standpoints.

Enjoy,

Marcel

BTW: This is from Bruce Schneier's latest monthly Crypto-Gram. (Well
worth signing up for if security is a topic of interest:
http://www.schneier.com/crypto-gram.html )

~~~

According to the article: "Hundreds of cases involving breath-alcohol 
tests have been thrown out by Seminole County judges in the past five 
months because the test's manufacturer will not disclose how the 
machines work."

This is the right decision.  Throughout history, the government has had 
to make the choice: prosecute, or keep your investigative methods 
secret.  They couldn't have both.  If they wanted to keep their methods 
secret, they had to give up on prosecution.

People have the right to confront their accuser.  People have a right 
to examine the evidence against them, and to context the validity of 
that evidence.  As more and more evidence is collected by software, 
this means open-source equipment.

We are all safer because of this decision.  (And its implications are 
huge.  Think of voting systems, for one.)

<http://tampatrib.com/floridametronews/MGBUBJ5QK9E.html>