Technological Opacity and Due Process

tags

Law and Technology Explanation Open Source

Tension between the right to make full answer and defence and the opacity, sometimes the inherent opacity, of information technology systems.

Criminal defendants incriminated by a piece of software ought to have the right to examine that software's source code. New Jersey v. Arteaga (2023) holds that they do indeed have this right

“Model disgorgement” as a right or remedy¹

Some courts have been requiring installation of Covenant Eyes on the phones of accused persons and their close associates, despite it not working very well²