Breathalyzer source code decision

[David Farber <dave () farber net>]

Begin forwarded message:

From: wb8foz <wb8foz () panix com>
Date: May 2, 2009 2:05:42 PM EDT
To: dave () farber net
Subject: Breathalyzer source code decision

<http://arstechnica.com/tech-policy/news/2009/05/mn-supreme-court-says-yes-to-intoxilyzer-source-code-requests.ars 
>

The Minnesota Supreme Court has finally ruled (PDF) on the contentious  
issue of giving drunk driving defendants access to the Intoxilyer  
500EN source code. Defendants have repeatedly claimed that the devices  
are (or might be) flawed; since the machine's breath test results are  
one of the main bits of evidence against them, justice demands that  
they have the right to examine the device firmware for accuracy. The  
justices have agreed—but only for defendants who have a reason for  
looking. Fishing expeditions don't qualify....

...

Without the ability to produce the code, the state could find its  
drunk driving cases in jeopardy. Following the Brunner blueprint,  
defendants could simply submit the same report, demand access to the  
source code, and file for dismissal when they don't get it. The state  
is anxious not to have this happen and is currently suing CMI over the  
issue; according to the Supreme Court, "at the time of oral arguments,  
the State and CMI were working toward a settlement to give DWI  
[driving while intoxicated] defendants access to the source code after  
the State sued CMI on the basis that the State has property rights to  
the source code."




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