Name: EFF and ACLU Tell Federal Court that Forensic Software Source Code Must Be Disclosed
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EFF and ACLU Tell Federal Court that Forensic Software Source Code Must Be Disclosed

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Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItCan secret software be used to generate key evidence against a criminal defendant? In an amicus filed ten days ago with the United States District Court of the Western District of Pennsylvania, EFF and the ACLU of Pennsylvania explain that secret forensic technology is inconsistent with criminal defendants’ constitutional rights and the public’s right to oversee the criminal trial process. Our amicus in the case of United States v. Ellis also explains why source code, and other aspects of forensic software programs used in a criminal prosecution, must be disclosed in order to ensure that innocent people do not end up behind bars, or worse—on death row.The Constitution guarantees anyone accused of a crime due process and a fair trial. Embedded in those foundational ideals is the Sixth Amendment right to confront the evidence used against you. As the Supreme Court has recognized, the Confrontation Clause’s central purpose was to ensure that evidence of a crime was reliable by subjecting it to . This means that defendants must be given enough information to allow them to examine and challenge the accuracy of evidence relied on by the government.In addition, the public has a constitutional right of access to court proceedings. While this right is not absolute, it is clearly implicated here, where the government seeks to use secret software to generate evidence of criminal culpability.In this case, Mr. Ellis was accused of violating a federal law prohibiting people who have been previously convicted of a felony from possessing a firearm (18 U.S.C. 922(g)(1)). The weapon had not been found in Mr. Ellis’s possession, but was found in a car he was allegedly driving. Law enforcement officers retrieved a swab of DNA mixture from the gun, which they submitted for analysis by the police forensic lab. The lab results were inconclusive as to whether Mr. Ellis could have contributed to the DNA in the mixture. The mixture sample was then sent to Cybergenetics, the owner of the probabilistic DNA software TrueAllele. Using TrueAllele, the company ran numerous variations of tests on the sample using different hypotheses to adjust the program settings, including alternative theories regarding the number of people whose DNA was in the mixture.Prosecutors in the case seek to rely on the result of one particular analysis based on the assumption that four people contributed to the DNA sample from the gun. The results of this particular analysis suggest that Mr. Ellis’s DNA was present on the gun. In response, Mr. Ellis’s attorney requested the source code for TrueAllele, but the government refused to disclose it, arguing that the information is protected by trade secrets.As , DNA analysis programs are not uniquely immune to errors and bugs, and criminal defendants cannot be forced to take anyone’s word when it comes to the evidence used to imprison them. Independent examination of the source code of forensic software similar to TrueAllele has revealed and that call into question the accuracy of these tools and their suitability for the criminal justice system. A defendant’s Sixth Amendment right to confrontation requires that they are provided with the information necessary to challenge and expose any material defects in the purported evidence of their guilt. In an exceptional case, a court could issue a protective order limiting disclosure to the defense team, but the default must be disclosure.Without disclosure, we, as the public, cannot have confidence in a verdict against Mr. Ellis.Share ItIn a victory for users, Slack has fixed its for free workspaces. Instead of holding onto your messages on its servers for as long as your workspace exists, Slack is now giving free workspace admins the option to automatically delete all messages older than 90 days....The ease with which bad actors can find a worldwide market for malicious apps that spy on people’s digital devices is at the center of an Australian Federal Police case against a man who, starting at the age of 15, wrote a stalkerware application and sold it to 14,500 people...Here at EFF, we fight hard to ensure your security and privacy rights are maintained in the digital world. 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Then, after bad actors started using the devices to stalk or follow people, came scanning apps to help victims find out whether those same gizmos were tracking them.Such is the...Secure communications are especially important in . Just being aware of surveillance has in how we exercise speech, which is often under attack by all sorts of actors from criminals to our own governments. With war in Ukraine and political crackdowns in Russia, it...Telegram has gained a reputation as the “secure” communications app in the post-Soviet states, but whenever you make choices about your digital security, it’s important to start by asking yourself, “What exactly am I securing? And who am I securing it from?” If you are in Ukraine or Russia, here...While tensions run high across the globe over the invasion of Ukraine, the world’s governments are meeting at the UN this week and next to find common ground on a proposed treaty to facilitate international cooperation and coordination in computer crime investigations. The treaty, if approved, may reshape criminal laws...SAN FRANCISCO—Electronic Frontier Foundation (EFF) technologists, along with 36 of the world’s top cybersecurity experts, today urged European lawmakers to reject proposed changes to European Union (EU) regulations for securing electronic payments and other online transactions that will dramatically weaken web security and expose internet users to increased risk of...Share It

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItCan secret software be used to generate key evidence against a criminal defendant? In an amicus filed ten days ago with the United States District Court of the Western District of Pennsylvania, EFF and the ACLU of Pennsylvania explain that secret forensic technology is inconsistent with criminal defendants’ constitutional rights and the public’s right to oversee the criminal trial process. Our amicus in the case of United States v. Ellis also explains why source code, and other aspects of forensic software programs...

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EFF and ACLU Tell Federal Court that Forensic Software Source Code Must Be Disclosed

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