“A New Jersey appeals court has ruled that a man accused of murder is entitled to review proprietary genetic testing software to challenge evidence presented against him,” reports The Register. Long-time Slashdot reader couchslug shared their report:The maker of the software, Cybergenetics, has insisted in lower court proceedings that the program’s source code is a trade secret. The co-founder of the company, Mark Perlin, is said to have argued against source code analysis by claiming that the program, consisting of 170,000 lines of MATLAB code, is so dense it would take eight and a half years to review at a rate of ten lines an hour. The company offered the defense access under tightly controlled conditions outlined in a non-disclosure agreement, which included accepting a $1m liability fine in the event code details leaked. But the defense team objected to the conditions, which they argued would hinder their evaluation and would deter any expert witness from participating… Those arguing on behalf of the defense cited past problems with other genetic testing software such as STRmix and FST (Forensic Statistical Tool). Defense expert witnesses Mats Heimdahl and Jeanna Matthews, for example, said that STRmix had 13 coding errors that affected 60 criminal cases, errors not revealed until a source code review. They also pointed out, as the appeals court ruling describes, how an FST source code review “uncovered that a ‘secret function…was present in the software, tending to overestimate the likelihood of guilt.'” EFF activists have already filed briefs in multiple courts “warning of the danger of secret software being used to convict criminal defendants,” reports an EFF blog post. “No one should be imprisoned or executed based on secret evidence that cannot be fairly evaluated for its reliability, and the ruling in this case will help prevent that injustice.”Read more of this story at Slashdot.
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