Sunday, November 06, 2005

Computerized Devices and Florida State Law

Florida has a state law that says defendants have a right to all information about the operation of computerized devices used as evidence in court, including manuals, troubleshooting guides and, potentially, source code for software. So what does state laws have to to with technology you say? There is case this week in Sarasota, Florida that is getting some attention. "Breathalyzer company refuses to turn over source code".

This is a case to watch since it is the first time that I've seen where computerized device source code can be admissable in a court of law. At least in Florida. I live in Virginia so I'll have to check with our state laws. The device in question is the Intoxilizer 5000 developed by CMI, Inc..

"Closed technology is not a good approach when people's liberty interests are at stake... it is just as important for people to know that products like breathalyzers or voting machines work correctly as it is for companies to protect their trade secrets." -Matt Zimmerman, a staff attorney for the Electronic Frontier Foundation (EFF).

Given the voting machine fiasco in 2000 and Florida's continuing controversies with elections, if e-voting ever goes into effect there should be reviews of all the source code for these systems to ensure fair e-voting in the future in Florida.

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