Judge tells breath-test maker to release code

Sarasota (FL) Herald Tribune ^ | 8/15/07? | TODD RUGER

[elkfersupper]

SARASOTA -- The company that manufactures the state's drunken-driving breath-test machines must turn over the computer code that runs the machines or face stiff fines, a county judge has ruled.

Defense attorneys have argued that having their experts examine the Intoxilyzer 8000's "source code" is the only way to ensure the machines correctly calculate a driver's blood-alcohol content.

The Intoxilyzer 8000's first glitch was discovered in April, a month after it was implemented, when state officials realized it failed in certain situations. The state then upgraded the software in machines across the state.

In Manatee and Sarasota counties, more than 32 DUI cases are delayed because Kentucky-based CMI Inc. has not responded to a subpoena ordering the company to turn over the source code for the Intoxilyzer 8000, Sarasota County Judge Kimberly Bonner wrote.

"The failure of CMI to comply with this court's subpoena has created a tremendous backlog of cases," Bonner wrote.

The judge found the company in contempt and gave it 20 days to turn over the source code or it will be fined $3,200 per day, or $100 per case that cannot move forward in the case. Other cases not covered in the ruling are affected as well, the judge wrote.

The company has said that the code is a trade secret. It did not respond to the Sarasota County case, but took the issue to the Daviess District Court in Kentucky.

A judge there quashed the subpoena for the source code. But Bonner said that order has no jurisdiction over Florida courts.

[elkfersupper]

Well, Halle-frickin' lujah!

It's about time some judge somewhere got wind of this racket.

[elkfersupper]

Ping.

[seacapn]

The notion that the mechanics of a machine that can put you in jail on its advice alone are “trade secrets” is a scary one indeed. In fact, I think the argument is indefensible.

[txhurl]

Wonder what it’s written in.

[L98Fiero]

Amen. You’re drunk because this double-secret device says you are.

[Abcdefg]

Aren’t most embedded programs written in C?

[The Worthless Miracle]

NOW can we use this as a precedent to get rid of traffic cameras as evidence for tickets??

[eyedigress]

Sir, your over by that much! Come with me. LOL

[txhurl]

Used to be. Wonder if we freeper coders can get a hold of and take a whack at the code.

[Starwolf]

Aren’t most embedded programs written in C?

Not really. Numerous language choices depending on processor and environment.

[Iwo Jima]

Where in Texas are you? In Harris County, your property taxes are determined by a computer. No one alive can calculate your taxes or tell you how they were calculated, they just defer to the computer.

If you ask them what properties were used as comparables to make a fair and equal appraisal of your property, they just say that the computer said that certain properties were like yours. When you go to look at those properties, you see that they have tennis courts, etc., and are nothing like your place.

If you ask how the computer was programmed to make these determinations, what is the source code, etc., they just say that that is proprietary information and refuse to disclose it.

[elkfersupper]

NOW can we use this as a precedent to get rid of traffic cameras as evidence for tickets??

Probably not, but....

Thermite

[The Spirit Of Allegiance]

Nice precedent for e-voting machines, eh?

[LoneRangerMassachusetts]

Defense attorneys have argued that having their experts examine the Intoxilyzer 8000's "source code" is the only way to ensure the machines correctly calculate a driver's blood-alcohol content.

If they are experts, why don't they just test the machine on a hundred drunks and calculate the statistics themselves. The machine either works correctly or it dosen't. The Judge is simply following the ACLU tactic of punishing industry by revealing trade secrets.

[elkfersupper]

If they are experts, why don't they just test the machine on a hundred drunks and calculate the statistics themselves.

Define "drunks", if you would please.

[txhurl]

Nothing, not the space shuttle, not the IBMs beating chess stars, not ICBM targeting, etc. is dictated by a computer.

It is dictated by people who write programs. People who can 'pad' the results of the code in any direction depending on what their employer wants the code to do.

[Thinkin' Gal]

Intoxilyzer 8000

It's over soon ping.

[freekitty]

And those double secret devices we all know can never malfunction; be set incorrectly or just plain be wrong.

[Spirochete]

Where in Texas are you? In Harris County, your property taxes are determined by a computer. No one alive can calculate your taxes or tell you how they were calculated, they just defer to the computer.

Harris County is the worst property tax county in a state addicted to big government and taxes. HCAD board is a Soviet bureau that thinks they're above the law, and even joke about it.

[longtermmemmory]

I wonder if they hardwired the air blank calibration to always read perfect AGAIN.