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SFLC Wants To Avoid Death by Code

foregather writes "The Software Freedom Law Center has released some independent research on the safety of software close to our hearts: that inside of implantable medical devices like pacemakers and insulin pumps. It turns out that nobody is minding the store at the regulatory level and patients and doctors are blocked from examining the source code keeping them alive. From the article: 'The Food and Drug Administration (FDA) is responsible for evaluating the risks of new devices and monitoring the safety and efficacy of those currently on market. However, the agency is unlikely to scrutinize the software operating on devices during any phase of the regulatory process unless a model that has already been surgically implanted repeatedly malfunctions or is recalled. ... Despite the crucial importance of these devices and the absence of comprehensive federal oversight, medical device software is considered the exclusive property of its manufacturers, meaning neither patients nor their doctors are permitted to access their IMD's source code or test its security.'"

23 of 247 comments (clear)

  1. this is Surprising? by querky · · Score: 5, Insightful

    the software running your pacemaker is probably patented too!

    1. Re:this is Surprising? by JustinRLynn · · Score: 3, Insightful

      They tried to outlaw alcohol once.. look where it got them. Sometimes the cure is worse than the disease.

    2. Re:this is Surprising? by insertwackynamehere · · Score: 3, Insightful

      It really kills me when someone is all for marijuana being legalized but thinks that banning alcohol is the second greatest idea in their head. I know frustrated potheads love to feed the whole "alcohol is more dangerous than weed" line over and over, but not everyone who drinks alcohol does so in a way that threatens their health. Someone who smokes weed everyday and turns every conversation into a "weed should be legalized" conversation is a lot more unhealthy than someone who drinks alcohol in moderation.

    3. Re:this is Surprising? by Anonymous Coward · · Score: 4, Informative

      But thanks for the amateur psychoanalyzing, it was very humorous.

      Yeah, I guess a real psychoanalyst requires someone who...

      ...is a convicted burglar for multiple counts of grand larceny:

      I was a thief when I was teen-ager. Not a grab and run, bust a glass thief either. I was a break in, and steal everything you had in the house, and bust your safe if you had one.

      ...is a major douchebag:

      Eh, I got banned from the WoW forums on one account for calling the mods fucktard asshats who...well, you get the idea.

      ...is a douchebag AND a troll:

      Whoever modded the above post troll is a fucking idiot whose mother is a cocksucking whore on a Glasgow street corner. If you fail to recognize a legitimate question, maybe you need to get the dick out of your mouth and the dildo from your ass and learn to read. That's the problem with handing moderation points to just anyone on /. Fucking morons get them too.

      ...is a white supremacist:

      Niggers are different than me and need to be looked down upon, especially if the law prevents me from killing them on sight or at least putting them back in chains and out in the fields.

      ...is an attempted killer (thankfully only attempted):

      Convicted of 1 B&E, 1 Burglary, 1 Armed robbery, 1 assault with a deadly weapon inflicting serious injury with intent to kill, Violating the federal Firearms Licensing Act, Possession of Stolen Government property, and an explosives charge for the hand grenades.

      ...believes mentally ill people should be put down:

      If someone is a diagnosed pedophile, there is only one sure fired way to make sure they never do it again, a bullet through the head, or a more humane method if that is your preference.

      ...enjoys taking out his rage by beating up pedophiles while in prison:

      We'd beat them [the pedophiles] down, the guards would beat them down, and they would not stop, could not stop more likely.

      And the very best part is, this guy is a certified counselor! And he's PAID by your very own tax money!

      I work as as a SAC II (substance abuse counselor) for pay, part-time and also am doing my internship at the same location. It's free work IMNSHO. The only reason I put up with it is because as soon as I finish my MA and get my license, I go full time with about a 95% pay raise, plus state government benefits, and will be able to do private assessments and counseling on the side for about a grand a week.

      Hire your own stonewallred today! Limited offer! *Exclusions include non-whites, democratic party members, women, and educated persons.

      I feel so inspired and humbled.

    4. Re:this is Surprising? by TapeCutter · · Score: 3, Interesting

      Reproduced below are the statistics printed on my pack of smokes...

      Causes of death in Australia.
      Tabacoo - 19,019
      Alcohol - 2,831
      Motor vehicle accidents - 1,731
      Illegal drugs - 863
      Murders - 203

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  2. So what by clarkkent09 · · Score: 5, Insightful

    Does a government agency examine the source code which keeps airliners in the air, cars on the road, nuclear plants from blowing up etc etc? If the government is going to evaluate and approve every important piece of code line by line we will pretty soon run out of programmers. But then, chip designs will have to be evaluated too because they can fail as well. Next, mechanical designs, engines, turbines, reactors, better make sure that the government is stocked with experts in all those fields too.

    After all, nothing can possibly be safe until it is certified as such by the government. Just ask hundreds of thousands of people who died while the drugs that could have saved them were waiting for the FDA approval. They are pretty safe now.

    --
    Negative moral value of force outweighs the positive value of good intentions.
    1. Re:So what by QuantumG · · Score: 4, Insightful

      I think you miss the point. You should be able to examine the code in the pacemaker inside you - or hire an expert to do so.

      --
      How we know is more important than what we know.
    2. Re:So what by wiredlogic · · Score: 4, Interesting

      In the case of avionics, there are rigorous design and testing standards for electronics, software, and mechanical hardware that are mandated by the FAA. Passing them is part of the certification process. This task can be handled in house or by third parties that specialize in that task. The medical industry should largely be applying the same principles.

      --
      I am becoming gerund, destroyer of verbs.
    3. Re:So what by PopeRatzo · · Score: 4, Insightful

      I don't think code-reviews by bureaucrats is a good option

      Of course not, but presumably the reviews would be done by programmers and analysts who would then report to the FDA.

      When a drug is evaluated for it's safety and effectiveness, it's not "bureaucrats" that are doing the evaluation, it's doctors and pharmacologists and public health specialists.

      When you throw a word like "bureaucrats" around, you make it sound like some clerk from the DMV is going to be doing the evaluation.

      Yes, agencies like the FDA have become bureaucratic clusterfucks of non-progression and end up doing more damage than good.

      Only because the lobbyists who have become the ones writing the regulations prefer it that way. The answer is certainly not to "fix" the bureaucracy by making them even more ineffective. Anyone who tries to reduce the argument to "less government" is trying to do exactly that. I know that's not what you're doing, of course, but there are people who have been misled into believing that the solution to any problem is "less government". However, there are very few examples where deregulation has made a situation better for anyone but a very few.

      --
      You are welcome on my lawn.
    4. Re:So what by paeanblack · · Score: 4, Informative

      Hardware that is literally the only thing keeping you alive should be subject to some regulation. I don't think code-reviews by bureaucrats is a good option, but perhaps independent third parties would be a start.

      Given that basically all such devices have been reviewed by Underwriter Laboratories or an equivalent OSHA recognized testing lab already, I don't see what needs to change.

      Despite all the flaws of the US tort system, it does provide a strong financial incentive for things like pacemakers to be designed robustly. And yes, the code also gets reviewed.

      It may surprise people, but the system being proposed is already in place and it works pretty well.

    5. Re:So what by Achra · · Score: 4, Informative

      In the case of avionics, there are rigorous design and testing standards for electronics, software, and mechanical hardware that are mandated by the FAA. Passing them is part of the certification process. This task can be handled in house or by third parties that specialize in that task. The medical industry should largely be applying the same principles.

      EXACTLY. First informed post I've read on this story. I've made a career out of working on medical devices of all levels of concern (yes, including a heart pump) and the V&V process is basically as the parent states. There is a fairly rigorous validation process which is performed on the device (over the course of months to years, depending on complexity of the product and level of concern). These things aren't exactly shuffled out the door like Microsoft shuffles out a new OS (yes, I've worked there too). There is a LOT of diligence involved in receiving 510k clearance on a new device.

      --
      Each processor would proceed sequentially as if it had been better for them not to rise against Saul.
    6. Re:So what by gurudyne · · Score: 4, Informative

      I've tested medical device software and I had to sign my name on forms over 5K times for just one version. This was just for the behavior and appearance of the localized GUI, not the pure functionality. Each test was recorded via video. The 90GB of video, 4GB of datasets, and the 220 pounds (100kg) of signed test forms were shipped at the end of the 6 week series.

      At the medical device customer's end, all of the tens of thousands pages of signed and initialed test forms were scanned and burned to disks. The plan to hang on to these for about a century.

      Then, the forms are updated and reviewed, new languages and OS versions added and the cycle continues. Every step is reviewed and audited. We don't want the FDA asking 10 years from now if something was tested or considered for testing without giving defensible answers.

      The folks testing the functionality of the software had close to 100K of tests for each version of device software. (Different vendor, so I am going by what the device company told me.)

      We all reported to the same defect database, so we could be aware of progress and problems.

      Long hours, fun times.

      --
      Hey, Mom! Is it beer, yet?
  3. Stay away from Windows CE by Anonymous Coward · · Score: 4, Funny

    One of the July 2010 updates bluescreened my 81-year-old dad.

    The hospital backed out the update but they had to reboot him in safe mode and go up the back door.

     

  4. Same as in the pilot seat by chaim79 · · Score: 4, Informative

    I work for a company does full life-cycle development and verification of safety-critical software, the main areas we work in are aircraft instrumentation, smart munitions, and medical equipment (including pacemakers). The amount of testing and verification that goes into these software categories often exceed the development cost, and at every level it is documented and traced. What on earth do Doctors think they will see in the source code? We do verification, peer review, tracing, etc. what would an MD find that a room full of software, system, and QA engineers wouldn't? About the only thing that they would be able to look at and have a hope in understanding is criteria for taking action, and that is in the requirements and should be reviewed at that level, not at the code level.

    Next thing they know Pilots will demand the ability to review the code for their cockpit management system and soldiers the ability to review the code for their Anti-Tank rockets!

    --
    DEMETRIUS: Villain, what hast thou done?
    AARON: Villain, I have done thy mother.
    Shakespeare invents 'your mom'
    1. Re:Same as in the pilot seat by segin · · Score: 3, Funny

      Oh, so because a few employees within a company (and maybe a closely related partner) have looked over the source, it's "peer reviewed"? Peer review means that EVERYONE can examine the source, including people you have never met nor have even heard their names. It means that people you absolutely hate can review your source, not just a few of your employees that have no qualms about lying and saying it's all good just to keep their jobs.

      In other words, your source code has had as much legitimate peer review as my dick has, and since I'm a Slashdotter, any claims of sexual activity on my part are instantly dubious by that simple fact alone.

  5. Re:Why? by julesh · · Score: 3, Interesting

    The devices themselves are rigorously tested in clinical trials. If they pass those tests, what more do you want?

    Software errors can (and in fact are most likely to) result in pathological behaviour in unusual circumstances. Example. "The failure only occurred when a particular nonstandard sequence of keystrokes was entered on the VT-100 terminal which controlled the PDP-11 computer: an "X" to (erroneously) select 25MV photon mode followed by "cursor up", "E" to (correctly) select 25 MeV Electron mode, then "Enter", all within eight seconds. This sequence of keystrokes was improbable, and so the problem did not occur very often [i.e. not in any clinical trials] and went unnoticed for a long time." An independent source-code audit could have saved three lives in that case.

  6. Re:Why? by mirix · · Score: 3, Insightful

    I'm sure Therac-25 passed some sort of trials too. That didn't stop it from killing people, of course.

    --
    Sent from my PDP-11
  7. Proprietary pacemaker code excerpt by turing_m · · Score: 4, Funny

    // max_int should be enough for anyone
    for(i = 0; i < max_int;i++){
      sleep(1);
      beat_heart();
    }

    // printf("hi!!!!!\n")

    --
    If I have seen further it is by stealing the Intellectual Property of giants.
  8. How are you alive? by zooblethorpe · · Score: 4, Informative

    I'm not trolling or flaming at all here, I'm genuinely surprised.

    about a pint to a quart of everclear a night

    By my quick-and-dirty calculations:

    1. 1 qt = 946 ml
    2. @ 95% ABV = around 900 ml of pure alcohol (898.7 ml)
    3. 12 oz (bottle of beer) = 355 ml
    4. @ 5% ABV = around 18 ml of pure alcohol (17.744 ml)
    5. 1 qt everclear = 50 12-oz bottles of beer
    6. 1 pt everclear = 25 12-oz bottles of beer

    I tend to feel rough after four or five beers. How is it you're drinking five to ten times that *a night* and still around to talk about it lucidly? I'd expect some serious delerium tremens in short order on that track...

    Curious,

    --
    "What in the name of Fats Waller is that?"
    "A four-foot prune."
    1. Re:How are you alive? by CraftyJack · · Score: 4, Insightful

      in college working towards a MA, aiming towards being a LPC or LSW specializing in substance abuse treatment

      been drinking since I was 14 or so, am now 41.

      I start around 3pm, give or take a little and go until I go to bed, which in many cases is not until 1 or 2am.

      I'm sorry, but I simply can't take you seriously. You're either stretching the truth, or you are a 41 year old student that spends nearly half his day drinking. Either way, you're not credible.

  9. Re:Why? by vux984 · · Score: 4, Insightful

    An independent source-code audit could have saved three lives in that case.

    =Could have= saved 3 lives.

    Would have cost 10s of thousands? millions?

    Pretty much every time someone on the planet dies of accidental causes there is some procedure or process that "could" have saved them.

    Life just isn't that safe. And I'd rather not spend every dime of the gdp trying to make it as safe as possible.

    When people die its tragic. If its something simple to fix, we fix it. But lets not lay guilt trip down every time anybody dies. Life is dangerous and it wouldn't be worth living if we made it safe, because the only way it will ever be safe is if we lock everyone up in straight jackets in padded rooms.

  10. Re:Why? by demonlapin · · Score: 3, Insightful

    Most of these devices don't spend all that long on the market. They keep getting better, having new features and lower power consumption. Proving the code would slow the pace of advancement. Irony of medical advances: an imperfect device that kills a few people may in fact be (from a public-health POV) better than a perfect device that takes an additional two years to develop.

  11. NEVADA GAMING COMMISSION has the code to slots gam by Joe+The+Dragon · · Score: 4, Interesting

    NEVADA GAMING COMMISSION has the code to slots games so why can't the FDA get the code to med systems?