Must Code that Analyzes Evidence Be Discoverable ?

The wonderful Thomson-Reuters blog on legal technology posts on the “legal implications of embedded computer code.  In a criminal case that makes use of computation in the analysis of DNA evidence, must code be available for inspection by the defendant? This issue has come up in a California criminal case.

It could have much broader implications. The author suggest:

Effective legal oversight of embedded and other hidden computer code requires independent access to that code.  Although consideration must certainly be given to intellectual property and other proprietary rights asserted and relied upon by the developers and owners of such code, those rights should not be permitted to block access needed by courts, regulators, and other authorities to monitor the performance of hidden computer code.  Such access by oversight authorities will be increasingly important as the scope of embedded software use continues to expand into an ever-wider range of products and devices. – See more at:


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