SQLServerCentral Editorial

The Burden of Proof

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A man is asking for the source code for the Intoxilyzer 5000 breathalyzer to determine if there is potentially a flaw that might invalidate the results. He was caught by police and the machine was used a test to determine if he'd been drinking.

Now personally I think he's likely guilty and this is a legal ploy to get the charges dismissed since it has worked in other locations. I certainly don't condone the use of a trick like this to avoid a charge, especially as it seems many people that drive intoxicated once will probably do it again.

So for the Friday poll...

Should code be disclosed?

I'm more thinking of those places where a computer is used to prove something. Machines used in legal proceedings (breathalyzer, voting machines, forensic tools for tracing computer activity, digital wiretapping, radar guns, etc.). It would certainly seem that a mistake could be made in the code and if someone is going to be accused of something, then the code the proves a point should be examined.

I can see the argument against disclosing code because of a trade secret, but wouldn't that be moot? If all software used in these systems had to be disclosed before they could be certified, then wouldn't we easily determine if code was stolen? Couldn't suits be brought against a new manufacturer if their code was too similar to an existing one?

I'd almost think that vendors would prefer this. As it is now, how does Diebold know if any of the other voting systems are just copies of their code? They probably don't know.

As much as I think closed source software is ok, and that it's a valid business model, I think I'm in favor of disclosure of code where it affects our legal or security systems. In those cases mistakes can prove to be very costly to individuals and society at large and I'd like to see verification that the systems works as intended.

Steve Jones


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