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Accused murderer wins right to check source code of DNA testing kit

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Re: Accused murderer wins right to check source code of DNA testing kit

#91

Earlier quoted context omitted.

Yes, just like voting machines. But how do we confirm that the software which was vetted is the software that was actually _used_?

Compile it, run it with the same inputs the prosecution claims was provided, and see if you get the same result. That's sorta the point of computers, right? Same inputs on the same program, same output?

What if compiler hijacked? What if the OS itself hijacked? What if the hardware has built in backdoor?

Re: Accused murderer wins right to check source code of DNA testing kit

#92

Earlier quoted context omitted.

The hands-off reputation-based approach isn't enough to regulate food and drugs, or aviation. I don't see why for-profit forensics companies should be trusted implicitly. Also related: we know that funding bias [0] is a real problem in science, despite that scientists' reputations should (ideally) motivate them to resist such biases. [0] https://en.wikipedia.org/wiki/Funding_bias

No, the question is what is the incentive for lying and claiming guilty? Do prosecutors choose different labs?

That seems plausible.

I would argue that if prosecutors and/or cops get to pick the tool, false positives would result in more sales.

Just as false negatives would result in more sales if the defendant gets to make the pick.

Re: Accused murderer wins right to check source code of DNA testing kit

#93
> 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.

First, the defence doesn't necessarily have to evaluate all 170,000 lines. They just need to find one buggy line which could potentially overturn the result.

Second, even if it did take a full 8 years, is that a good reason to deny the defendant due process?

Re: Accused murderer wins right to check source code of DNA testing kit

#94

Earlier quoted context omitted.

> Forensic labs and companies are expert witnesses with black box processes and the incentive to protect the authority of their profession. I imagine they're also incentivised to favour a result indicating guilt.

Why? The risk to their reputation & livelihood for a false positive should temper that.

A lot of DA and other prosecutors are measured by the number of convictions they get vs the number of cases they take to court.

Their goals are always to get plea bargain because that is automatic guilt or if they take it to court, they'd better win. That's a lot of state resources just to lose.

Overtime, you'll get people willing to bend the rules, turn a blind eye to 'weak evidence' or whatever.

You're only as good as your measurement/incentivisation.

Re: Accused murderer wins right to check source code of DNA testing kit

#95
post #32

Earlier quoted context omitted.

My exact thoughts. This sounds like a classic example of launching a prototype created by domain specialists (biostatisticians and bioinformaticians) as production software and skipping on the expensive stuff, like sound development practices

There is so little emphasis in production software development in bioinformatics and biostatistics. Despite a lot of groups open sourcing their code it's is nearly unusable and not reproducible due to hard coding, ignoring edge cases, and dumping the majority of the code on a single giant R or python function.

It's a real problem, and I've been struggling with it for two decades, but even so I am legitimately impressed (and not in a good way) if they have 170,000 lines of Matlab code in their production software. That takes a really special combination of productivity and cluelessness, even for academic specialists. Regardless of the facts of this particular case, it should be absolutely horrifying that anyone's freedom is left up to a gigantic pile of unaudited Matlab code. (That said I am almost certain he added some zeros to the number, I have a hard time imagining what they're doing that could be that complex.)

Re: Accused murderer wins right to check source code of DNA testing kit

#96

Earlier quoted context omitted.

I'm not so sure we should be allowing challenges to expert witness, with no evidence. That sounds like a rich source of abuse of the system, like a big company filing thousands of briefs to delay a case. It's important for experts to use validated, tested equipment. That's clear. And by the sound of it that is happening (stories of how code was tested and found wanting confirm that; stories of double-blind testing).…

In most criminal complaints the defendant has far fewer resources than then the prosecution. The prosecution has a conflict of interest to get a conviction. Absolutely everything about their process needs to be above reproach, including their experts. A challenge to that process, approved by a judge, seems like a small consolation in a biased system.

When I was a juror on a murder trial the one thing that was most clear was the disparity in resources.

On one side were 6 impeccably dressed men in what I presumed were multi-thousand dollar suits. On the other side was single overwhelmed, overworked, and under-dressed defender who was steam-rolled at every sentence she spoke.

I ended up in traffic court last year for a parking ticket that I can only think must have been stolen from my car during a festival. After spending just a few hours waiting my turn, it was pretty clear who exactly the police target for traffic violations. But this is a tangent.

Re: Accused murderer wins right to check source code of DNA testing kit

#97
post #73

Earlier quoted context omitted.

Yes, just like voting machines. But how do we confirm that the software which was vetted is the software that was actually _used_?

At some point you just have to trust people to not intentionally lie in a trial. We have very stiff penalties for anyone caught lying in court, but there isn't much more we can realistically do.

We have stiff penalties for civilians lying in court. Cops can lie in court, get caught, and still have the court accept their version of events as basis for proscution.

Re: Accused murderer wins right to check source code of DNA testing kit

#98
post #12

This is similar to a case a few years back where someone asked to see the source code of a breathalyser that had found them guilty. AFAIR, the breathalyser was incorrectly averaging the readings, giving disproportional weight to the first reading. I don't know if it was enough to rule in their favour, but I'm sure it called the data into question Edit: Looks like it was a Draeger breathalyser https://www.schneier.com…

Draeger requires calibration prior each use for temperature and humidity. It is easy to get it thrown out as evidence.

Re: Accused murderer wins right to check source code of DNA testing kit

#99

Earlier quoted context omitted.

> Forensic labs and companies are expert witnesses with black box processes and the incentive to protect the authority of their profession. I imagine they're also incentivised to favour a result indicating guilt.

Why? The risk to their reputation & livelihood for a false positive should temper that.

Prosecutors want a 100% conviction rate. They are the ones who hire these companies. Generally speaking companies give customers what they are looking for.

Re: Accused murderer wins right to check source code of DNA testing kit

#100

How would a team of independent reviewers even go about examining source code of this scale? How can you possibly find bugs that aren't super obvious?

> How would a team of independent reviewers even go about examining source code of this scale? How can you possibly find bugs that aren't super obvious?

Something tells me that 170k of Matlab code is going to contain plenty of obvious bugs.

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