Breathalyzer case may not be that useful after all: a second look

[Declan McCullagh <declan () well com>]

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 () MIT EDU>
To: Declan McCullagh <declan () well com>


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 () richard org>
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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