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
To: Declan McCullagh
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
To: declan@well.com
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
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