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Lawyer Demands Pacemaker Vendor Supply Source Code

oztiks writes "Lawyer Karen Sandler's heart condition means she needs a pacemaker to ward off sudden death. Instead of trusting that the vendor will create a flawless platform for the device to operate, Sandler has demanded to see the device's source code. Sandler's reasoning brings into question the device's reliably, stability, and oddly enough, security."

6 of 334 comments (clear)

  1. Re:I trust my life to Boeing every time I fly by rtfa-troll · · Score: 5, Insightful

    Yet I don't demand to audit their code.

    Well, if you don't demand that somebody audits their code you are pretty stupid. Unaudited code and code which is proprietary and never shared with outside bodies (this doesn't have to mean the public; just at least someone external) just doesn't have a place in any critical parts of our infrastructure. It is as irresponsible as it would be if Boeing didn't have to hand over the mechanical specifications of their planes, which of course they do. However, If you had read the article you would have seen this quote:

    Regulatory authorities don't see or review the software either.

    She simply has to trust that the vendor is telling the truth and doing things right.

    I think you will find that aircraft software, whilst it isn't open source and available to everyone, gets a bit more review than that.

    Apart from that, the plane code isn't part of you and is, as a passenger, something you just visit for a short time. I think people have a right to understand fully, to the level of their own ability, things that are made part of their body.

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  2. Re:CTL-ALT-DEL by CAPSLOCK2000 · · Score: 5, Insightful

    Oh, come on. The source code is not going to tell you a whole lot, it would be only comprehensible to experts and it says nothing about the little hardware bits.

    Experst are for hire.

    I'm not an architect. The blueprints of my house are useless to me, but I can hire an architect to read them for me. That architect can than tell me if the house I'm living in is well designed or not. He won't be able to tell if the building-materials are of sufficient quality, but if the design is not sound the materials used don't even matter.

    I'm dissappointed in Slashdot. One would expect that over here people would see the value of having access to the source of the software that keeps you alive.

  3. Re:first, we kill all of the lawyers by Anonymous Coward · · Score: 5, Insightful

    There are many assumptions here that should be questioned.

    Source code reviews are highly imperfect ways to ensure stable and accurate software, and good ones are extremely hard on the developers involved. Techniques like test driven development and paired programming offer a much better solution at lower cost.

    New medical devices are released all the time and they have new code operating them, even if that general type of device has been in use for decades. New models with new or modified code have new bugs.

    Perhaps owners of electronic devices that have caught fire or misbehaved in other physical ways have learned to start inquiring about manufacturing, mean time between failure and other manufacturing and quality issues.

    I have worked in the medical software industry for thirty years as a developer, and was at one time an employee of Medtronic. I have a Medtronic pacemaker/defibrillator embedded in my chest which can be remotely accessed and controlled. I am professionally qualified to study and understand my device's software, development and testing methodology, and security issues - but Medtronic declined to share with me their source code when asked. The technical manuals for my devices which appear to provide all necessary information for hacking my pacemaker/defibrillator are available online.

    I think that more can and should be done with oversight of medical device manufacturers and their software than the FDA currently requires, but this is true of all mission critical software like military and aerospace systems as well. The problem is neither uppity lawyers nor uncaring medical device manufacturers but instead the way we build software. Anyone with personal experience in the software industry who relies on a programmable medical device but who is not concerned over the accuracy and stability of the software running it is not thinking clearly.

  4. Not even the FDA has audited the code yet by SgtChaireBourne · · Score: 5, Insightful

    If you read the article or ones on the same topic from last year, you'll find that the reason she is making the request is that not even the FDA has audited the code. It's just there.

    Other embedded hardware has been found to be easily crackable and able to deliver fatal doses of medication. Someone has to audit the code, since the FDA is not doing it, Karen is making an issue of it. In these cases, there is no excuse for the code not being 100% open. People's lives hang in the balance.

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    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  5. Re:It's not forced on her by Anonymous Coward · · Score: 5, Insightful

    If the pacemaker vendor doesn't want to make the source code available its perfectly within its right to refuse to supply the pacemaker. Lawyer can go look for someone else to acquiesce to her ridiculous demand, assuming she doesn't die waiting for someone to give in, but any delay is entirely of her own creation.

  6. Re:It's not forced on her by repvik · · Score: 5, Insightful

    But does that imply that someone has the right to force the manufacturer to open up their source code?

    Does she require the code to be "opened up"? AFAICT, she wants to check the code, nothing more.

    If I was the manufacturer of the device, she'd sign an NDA and get the code. Worst case, she spreads the code and gets sued. Best case, she improves the reliability or security of the code.

    I don't really see any problem here.