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This Impenetrable Program Is Transforming How Courts Treat DNA Evidence (wired.com)

mirandakatz writes: Probabilistic genotyping is a type of DNA testing that's becoming increasingly popular in courtrooms: It uses complex mathematical formulas to examine the statistical likelihood that a certain genotype comes from one individual over another, and it can work with the subtlest traces of DNA. At Backchannel, Jessica Pishko looks at one company that's caught criminal justice advocates' attention: Cybergenetics, which sells a probabilistic genotyping program called TrueAllele -- and that refuses to reveal its source code. As Pishko notes, some legal experts are arguing that Trueallele revealing its source code 'is necessary in order to properly evaluate the technology. In fact, they say, justice from an unknown algorithm is no justice at all.'

186 comments

  1. I WANT THE TRUTH! by Joe_Dragon · · Score: 1

    about the code!

    1. Re:I WANT THE TRUTH! by Anonymous Coward · · Score: 0

      We all know that computers cannot lie. We should just trust the authorities to do the right thing.

    2. Re:I WANT THE TRUTH! by Anonymous Coward · · Score: 0

      How about the programmers to write the correct code?

    3. Re:I WANT THE TRUTH! by DontBeAMoran · · Score: 2

      Computers cannot lie, unless programmed to do so.

      --
      #DeleteFacebook
    4. Re: I WANT THE TRUTH! by Anonymous Coward · · Score: 0

      Go away wingnut filth. Your very existence is detrimental to society.

      Garbage whining about some grand conspiracy is nonsense. This is a serious issue

      the defense has a right to all information which may help their case. At least when it does not threaten national security. This is applicable . Trade secrets are a shit reason to put someone in jail.

    5. Re:I WANT THE TRUTH! by Anonymous Coward · · Score: 0

      I have the source code:

      if (Math.random() > .5)
          return "GUILTY";
      else
          return "NOT GUILTY";

    6. Re:I WANT THE TRUTH! by rahvin112 · · Score: 2

      All computers are programmed to lie, either through mistakes or intentional. You will never get away from this because computers are programmed by humans and our creations will always suffer from our own errors and misdeeds.

    7. Re:I WANT THE TRUTH! by Anonymous Coward · · Score: 0

      Computers cannot lie, unless programmed to do so.

      Computers can never lie, they lack sentience. They can, however, be wrong, by chance, by error, by ignorance, and by intent.

    8. Re:I WANT THE TRUTH! by laurencetux · · Score: 3, Insightful

      You can't handle the truth [insert full quote here]

      but anyway this should not be admissable in court until the source code (with needed toolchain) has been vetted by the Oldest and Crankiest Qualified persons they can find.

      (does this have a bias as to which "race" it comes up with?? will it pop certain trait markers more often??)

    9. Re:I WANT THE TRUTH! by thsths · · Score: 1

      double random()
      {
              return 0.82740; // chosen by 5 roll of a fair D10.
      }

    10. Re:I WANT THE TRUTH! by Hal_Porter · · Score: 2

      Give Americans more credit. It's more likely to be

      if ( suspect.political_affiliation != company_political_affiliation )
          return "GUILTY";
      else
          return "NOT GUILTY";

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    11. Re:I WANT THE TRUTH! by Anonymous Coward · · Score: 0

      if (1=1)
      { printf ("lock him up!"); }

    12. Re:I WANT THE TRUTH! by OrangeTide · · Score: 1

      A lie is an intentional deception. If you have a computer that can lie to you, it must have passed the Turing test a long time ago and may even be self-aware by now.

      Computers process data, and operate on the principle of: Garbage In, Garbage Out.

      --
      “Common sense is not so common.” — Voltaire
    13. Re:I WANT THE TRUTH! by Opportunist · · Score: 1

      I wouldn't so much question the programmer as I'd question the definition of "correct"...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    14. Re:I WANT THE TRUTH! by Opportunist · · Score: 2

      Whether it does or not doesn't matter as long as it isn't reviewed, because it will certainly be challenged on these grounds or at the very least you'll see the relevant pressure groups cry foul, whether or not it is.

      This alone means that this MUST be reviewed before even thinking about considering it as admissible evidence.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    15. Re:I WANT THE TRUTH! by Thud457 · · Score: 1

      That comment is factually incorrect.

      --

      the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    16. Re:I WANT THE TRUTH! by Anonymous Coward · · Score: 0

      Let me correct that :

      if (Math.random() > .5 and IS_BLACK)
      return "guilty";
      else return "not guilty" ;

    17. Re:I WANT THE TRUTH! by Anonymous Coward · · Score: 1

      I ordered the code red

    18. Re: I WANT THE TRUTH! by Anonymous Coward · · Score: 0

      But what about trade secrets AND the color of the defendants cash?

      Not enough cash & off to jail you go ethnic minority, same as its ever been.

    19. Re: I WANT THE TRUTH! by Anonymous Coward · · Score: 0

      justice from an unknown algorithm is no justice at all â" I agree 100%

    20. Re:I WANT THE TRUTH! by Anonymous Coward · · Score: 0


      Truth *u = new Truth();
      u=u->next();
      u->want();

    21. Re:I WANT THE TRUTH! by alvinrod · · Score: 1

      You don't need the source code to determine if it's any good or not. We don't have the source code of the universe, but have been able to make steady scientific process regardless.

      Having access to the source code would no doubt make it much easier to verify, but if they refuse, you can still run a series of studies aimed at testing whether or not the program actually does what it claims. If you have some known DNA samples, you can have the program analyze them in order to produce estimates and see how closely they align with reality.

    22. Re: I WANT THE TRUTH! by hackwrench · · Score: 1

      But computers can lie. Now put that in your pipe and smoke it.

    23. Re: I WANT THE TRUTH! by hackwrench · · Score: 1

      We have the source code to a good portion of the universe and are discovering more and more.

    24. Re:I WANT THE TRUTH! by Anonymous Coward · · Score: 0

      Computers cannot lie because they do not deal in truth.

      The open question is if the data input, processing, and output provides meaningful in the real world beyond abstract mathematical calculations.

    25. Re:I WANT THE TRUTH! by Hognoxious · · Score: 1

      This. Essentially black box testing.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    26. Re:I WANT THE TRUTH! by Anonymous Coward · · Score: 1

      It is impossible for the average of 5 rolls of a d10 to come out to 0.82740.

    27. Re: I WANT THE TRUTH! by K.+S.+Kyosuke · · Score: 1

      Are you saying I have zero chance writing a truth maintenance system?

      --
      Ezekiel 23:20
    28. Re: I WANT THE TRUTH! by Anonymous Coward · · Score: 0

      Names do not make reality. Or do you think Windows is made out of literal windows?

    29. Re:I WANT THE TRUTH! by Cederic · · Score: 1

      If only you could randomly generate a number between 0 and 1 of arbitrary precision by using a d10 die to determine each individual digit.

    30. Re:I WANT THE TRUTH! by michael_wojcik · · Score: 1

      Your general point re intention is well taken. However:

      A lie is an intentional deception. If you have a computer that can lie to you, it must have passed the Turing test a long time ago and may even be self-aware by now.

      The Turing Test has nothing to do with intention, sentience, or sapience.

      It's a philosophical proposal to illustrate the thesis that the attribute "thinking" should be applied to an entity based on pragmatic analysis - what programmers might call "black box" testing. It can be contrasted with, for example, Searle's Chinese Room, which is a philosophical proposal to argue an opposing position: that the attribute "thinking" implies some essence beyond what's observable from outside the system.

      As various people (such as Robert French) have pointed out, the Turing Test is not in fact a useful test for thinking - and there's little reason to believe Turing himself thought it would be. It's purely a mental exercise: if you accept the thesis of the TT, then you accept the idea of mechanical thought; if you don't accept it, then what's your counterargument?

      Of course various people - Searle, as noted above, and Penrose, and various others - have presented counterarguments. Some of them (e.g. Searle) accept the possibility of mechanical thought, but not the TT; others don't believe in mechanical thought, or (e.g. Penrose) believe that it requires a system strictly more powerful than a finite-space, finite-time approximation of a Turing Machine.

      However, given all that, we might posit, say, a machine which is capable of thought and intention, but can only communicate on a single topic. Such a system would fail the TT against any reasonable set of judges, but would still be capable of lying.

    31. Re:I WANT THE TRUTH! by michael_wojcik · · Score: 1

      Computers cannot lie because they do not deal in truth.

      They most certainly do, for many reasonable definitions of "truth". In particular, any definition which does not resort to an appeal to some ineffable essence should be capturable by a computable formal system.

      Of course, that will be limited by the limitations of the formal system in question, and any such system is either limited in power (compared to some other describable systems) or limited by incompleteness. Doxastic logic is Gödel-complete, as is any system isomorphic to it, obviously.

      Don't they teach this stuff in school anymore?

    32. Re:I WANT THE TRUTH! by michael_wojcik · · Score: 1

      As a citizen of the US, I resent this. Our justice system and the "experts" who advise it take many factors into account when determining guilt, such as race and class. It's not just political affiliation.

  2. Revealing != open source by sinij · · Score: 4, Informative

    I think it is very reasonable to ask access, covered by NDA, to a source code when such code is used to produce results for criminal prosecution. Unless they can show independent third-party validation of their tool.

    We have seen issues with red light cameras, we have seen issues with labs doing drug testing on hair, we have seen child abuse panics from psychology "experts". Both methods and experts have to be open for independent, impartial validation. Otherwise they are no better than a duck test.

    1. Re:Revealing != open source by Anonymous Coward · · Score: 0

      I would go far as to say that ALL code used by the government should have known algorithms. Don't like it, then sell your code to a private entity.

    2. Re:Revealing != open source by Gravis+Zero · · Score: 1

      Otherwise they are no better than a duck test.

      I say we go back to the duck test! I keep protests of "this is a witch hunt" and yet we don't even test to see if they float like a duck! How are we supposed to know if we've found a witch if not for the duck test? ;)

      --
      Anons need not reply. Questions end with a question mark.
    3. Re:Revealing != open source by grasshoppa · · Score: 3, Insightful

      I don't think even NDA access is appropriate. How versed are you in probabilistic medical programming? How many people would you say are?

      Hell, even the most experienced developer will need some time to acclimatize to any sufficiently complex codebase, now throw in the specialties on top of it. It's beyond unreasonable to expect any "expert" to have limited access ( both physical and temporal ) to the codebase then be expected to give expert testimony in court on it.

      The only way things like this get properly vetted is via "many eyes", and even that's no guarantee.

      Speaking of experts; let's pretend your some poor schmuck ( literally ), using a tool like this in a case where you can't afford an expert witness ( and it would be beyond pricy I'd expect. I know I'd charge a shitload ) only guarantees a compromised defense.

      No, I can't see any reason why the code shouldn't be publicly available if the tool will be used to help convict people.

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    4. Re:Revealing != open source by hrimhari · · Score: 1

      Nonsense... The guy says it's not necessary "because his company runs its own validation testing". Why can't you trust the guy and his company to validate his own stuff? Why??

      --
      http://dilbert.com/2010-12-13
    5. Re:Revealing != open source by HiThere · · Score: 1

      And *that's* the point. I think I might be willing to accept that the results were probably correct if it produced the same result on the same information when it was included as a part of a large double-blinded sample, where most of the answers had known values and the evaluator was totally independent of all interested parties. I'd even accept the results as grounds for stating the probability of the result. But the evaluator needs to be independent and the test needs to be double blind with both known good and known bad values.

      Debugging the code is important, but that's a separate thing from validation. Open code can easily have undetected bugs, and evaluation here is a separate skill from programming, so there could easily be "reasonable assumptions" that are false. So the appropriate methodology is a double blind test where both the percentage of false positives and false negatives are revealed in the same dataset that includes the DNA being tested.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    6. Re:Revealing != open source by AmiMoJo · · Score: 3, Insightful

      All software used in criminal convictions should be open source as a requirement of using it.

      Speed traps, DNA processing, fingerprint matching, gait detection, photo enhancement software, even the firmware in the cameras used at the crime scene.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    7. Re:Revealing != open source by grasshoppa · · Score: 2

      I'm not even going with "open source", merely publicly available.

      Perhaps a new license which protects a company's investment in it's intellectual property ( legally prevents others from using the publicly available code ), but still requires publishing of said property.

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    8. Re:Revealing != open source by hrimhari · · Score: 1

      I think that exposing the source code complements blind validation by allowing experienced programmers to detect failures that would not otherwise be detected by a controlled experiment. Also, Dieselgate.

      I fully agree to the plaintiffs in this situation and I fully disagree with all arguments put forward by the company's owner. There's no hypocrisy regarding the non-tried suspects, and the fact that guilty people might have gotten off without even going to trial due to his software claiming innocence even worsens the case.

      --
      http://dilbert.com/2010-12-13
    9. Re:Revealing != open source by jbengt · · Score: 1

      I think it is very reasonable to ask access, covered by NDA, to a source code when such code is used to produce results for criminal prosecution.

      No. That is entirely unreasonable.
      If it's being used as evidence in a public court, it is only reasonable to provide public access to the source code, and specifically to provide access to the methods & computations that produced a particular result in a particular case.
      We are not supposed to have secret courts in the US (FISA notwithstanding).

    10. Re:Revealing != open source by Orgasmatron · · Score: 2

      Something that we agree on! I never thought I'd see the day.

      Ideally, they'd sign all of their output with a hash of their firmware too. Having source code "similar" to what is actually running on the device is not enough.

      --
      See that "Preview" button?
    11. Re:Revealing != open source by jabuzz · · Score: 2

      You mean something like oh I don't know copyright!

    12. Re:Revealing != open source by Anonymous Coward · · Score: 0

      We are not supposed to have secret courts in the US (FISA notwithstanding).

      Just wait until the existence of DISC (Domestic Intelligence Surveillance Court, companion to the Foreign Intelligence Surveillance Court) is finally leaked to the public.

      The DISA-court's Official Seal pictures a boot crushing a face. OK, that's hyperbole, but just barely.

    13. Re:Revealing != open source by Anonymous Coward · · Score: 0

      But what if the defendant is a duck? How do we determine if the witch didn't transform herself into a duck to escape testing.

    14. Re:Revealing != open source by Anonymous Coward · · Score: 0

      All software used in criminal convictions should be open source as a requirement of using it.

      Speed traps, DNA processing, fingerprint matching, gait detection, photo enhancement software, even the firmware in the cameras used at the crime scene.

      This is clearly a legal requirement: the right to public oversight over government arises under the 9th Amendment as a right retained by the people. While in some circumstances, this is a long term right, clearly for most criminal legal proceedings it becomes a short term right.

      Even for civil proceedings this is true.

      It follows that a company that wants it's software to be used in criminal proceedings without revealing the un-obfuscated source code is in violation of the Bill of Rights.

      To the extent that trade secret law or other law that is not the Bill of Rights comes into conflict with this, the lessor law must yield. Anything else is a violation of the oaths sworn by legal professionals, and the Constitutional requirement of "good behaviour" for federal judges. Further, attempting to use other law to infringe the right to public oversight in such a case is an attempt to infringe fundamental rights "under the colour of law", and hence a criminal violation of long-standing federal law.

  3. Re:Computers and computer modeling is infallible by Anonymous Coward · · Score: 0

    Can you give an exaple of one such code?

  4. "evidence" by paai · · Score: 5, Insightful

    As Terry Pratchett wrote somewhere: "Evidence means 'that what is seen'". Nuff said.

    Paaia

  5. Is this different than a human "expert witness"? by martyros · · Score: 2, Insightful

    A lot of expert witness testimony comes down to a judgement call -- "In your opinion, as someone who has been working in this field for 20 years, how confident are you that these signatures / bullet marks / fingerprints / DNA match?" That's the result of an algorithm that you can't examine either, and has at least as much opportunity for being corrupted by unconscious prejudice or outright bribery as a piece of software.

    --

    TCP: Why the Internet is full of SYN.

  6. profoundly failing to understand justice by micahraleigh · · Score: 2

    "justice from an unknown algorithm is no justice at all"

    A successful conviction may be legitimately tipped by accurate checked evidence, in this case DNA ...

    But justice is not a matter of technical facticity. It is withholding something from a party that they deserve.

    The evidence may help identify discrepancies between the two, but it is a major conflation to substitute that with justice.

    1. Re:profoundly failing to understand justice by Falos · · Score: 1

      "Justice" is probably in regard to dispute of "the courts find this blackbox satisfactory"
      as in "the courts find this box sufficient means for achieving their goals"
      as in "the courts find this accomplishes their job"
      as in "the courts find this accomplishes justice"

    2. Re:profoundly failing to understand justice by micahraleigh · · Score: 1

      OK. So you concede justice doesn't descend from an algorithm.

      Sounds like you're saying it is worded poorly, but I suspect the OP thinks justice can come from an algorithm.

      And FWIW, there are black boxes all over (including outside tech) that are not evaluated by the courts (i.e. Pepsi's earnings, manufacturing processes, etc) and this is not only a legal precedent, but it is necessary for justice. You have to have good reason (i.e. a subpoena) to get at that. If a circuit court wants to know why I named one of my children something and to evaluate if that was sufficiently justified it is time to flee the country.

    3. Re:profoundly failing to understand justice by Anonymous Coward · · Score: 0

      Your namings aren't being used as evidence.

      If your child's name is Joe and that is used as evidence of a crime, it should be explained.

  7. There needs to be testing and validation... by b0s0z0ku · · Score: 4, Insightful

    Jurors and judges need to know what the probabilities are. Remember, in a criminal trial, the standard for evidence is "beyond a reasonable doubt." Sending people to prison for life or even to death row based on flimsy evidence is unacceptable.

    This isn't to say that it hasn't happened before -- Cameron Todd Willingham was executed in Texas on the testimony of an "arson expert" with no formal training in the field.

    The code should be evaluated or the tool should be banned from court. The company doesn't like it? Too bad. They don't have to sell to the forensic lab/law enforcement market.

    1. Re:There needs to be testing and validation... by Thelasko · · Score: 1

      The code should be evaluated or the tool should be banned from court. The company doesn't like it? Too bad. They don't have to sell to the forensic lab/law enforcement market.

      Arguably, the program can be evaluated without the source code. Simply use known samples and examine the output. Do the results of the analysis match what was known about the samples?

      This testing would have to be performed by a neutral third party of course.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    2. Re:There needs to be testing and validation... by b0s0z0ku · · Score: 5, Informative

      Disagree. Bad code can cause normal behavior 99% of the time, abnormal 1% of the time. See also, THERAC-25.

    3. Re: There needs to be testing and validation... by Anonymous Coward · · Score: 0

      At what point do you say it's correct, though? And how do you know there isn't some internal switch that can be triggered to give a guilty or innocent result, that can be used outside of testing, without checking the code?

    4. Re:There needs to be testing and validation... by Anonymous Coward · · Score: 1

      Volkswagen highly endorses this position.

    5. Re:There needs to be testing and validation... by Dog-Cow · · Score: 1

      The program is useless if you have to predetermine the correct answer for every possible input, and the evaluation is useless if you do anything less.

    6. Re:There needs to be testing and validation... by Chelloveck · · Score: 2

      I agree with Thelasko: We don't need to see the source code, we just need to see the results. Evaluate it as a black box -- feed it known samples and see if it produces the correct results. If so, it's reasonable to admit the machine's evaluation.

      What if there's some flaw that affects a small fraction of cases? It's possible, but it's also possible that code inspection wouldn't find the problem either. There's always another test, another set of eyes, another *something* that could be done. At some point you have to just say that yeah, it's probably okay. For this purpose I think it's reasonable to accept the results of the black box testing. White-box testing and code inspection is beneficial but in this case I don't think it's necessary.

      In a court of law, everything comes down to testimony. Any technological test is only as good as the expert presenting it. They're telling the court that in their opinion, this is what the results of the test say. Opposing witnesses can question it, of course. The science is never really examined; look at all the half-assed forensic tests that have been presented and are still being presented. A rigorous black box test of any new technology would be infinitely better than what we have now.

      Frankly I think it's likely that the reason they want to keep the code secret is that there's no actual science to back it up; that even if the code is 100% correct, it's correctly implementing a flawed premise. Think of a polygraph. It doesn't matter if it's a digital system or good old-fashioned needle traces on paper. Even perfectly implemented, it's still a shit test. Fortunately a well designed black box test should be able to determine this in short order.

      --
      Chelloveck
      I give up on debugging. From now on, SIGSEGV is a feature.
    7. Re:There needs to be testing and validation... by Anonymous Coward · · Score: 0

      So can "tin whiskers". We need to be allowed to inspect the hardware too.

      But right now we suffer the much larger social problem of the general public's authoritarianism that approves of secret governments. *Think of the children!* - so overused, yet still unbelievably effective..

    8. Re:There needs to be testing and validation... by mrbester · · Score: 1

      Yeah, because software has never been tweaked to provide better benchmark results in order to appear superior to the competition.

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    9. Re:There needs to be testing and validation... by Falos · · Score: 1

      Leveson notes that a lesson to be drawn from the [THERAC-25] incident is to not assume that reused software is safe: "A naive assumption is often made that reusing software or using commercial off-the-shelf software will increase safety because the software will have been exercised extensively. Reusing software modules does not guarantee safety in the new system to which they are transferred..."

      I'm sure Thelasko meant well, we hold faith in science driven by observation, but we're not speculating about string theory, we're declaring that someone did, by this court's finding, commit X and deserves to Y. The declaration is different than musing "we consistently observe Z so protons would be Q." in a report, which doesn't actually assert Q is fact.

    10. Re:There needs to be testing and validation... by ShanghaiBill · · Score: 1

      So can "tin whiskers". We need to be allowed to inspect the hardware too.

      No we don't. If the software is open, then the defense can run it on their own hardware, and should get an identical result.

    11. Re:There needs to be testing and validation... by ShanghaiBill · · Score: 1

      The program is useless if you have to predetermine the correct answer for every possible input, and the evaluation is useless if you do anything less.

      Bullcrap. A pocket calculator has a predetermined correct answer for every possible input. That does not make it "useless".

    12. Re:There needs to be testing and validation... by sjames · · Score: 1

      Without the source, it would be hard to assure complete coverage in the sample data, The test would have to be exhaustive.

      That's fine if the company wants to go that way, but of course, exhaustive testing will cost plenty more and make it far less likely to ever be funded. Until that testing happens, the whole technique should have the same legal standing as the magic 8 ball.

    13. Re:There needs to be testing and validation... by sjames · · Score: 1

      That's how it's SUPPOSED to be, but in practice you won't find a cop or anyone else testifying about the internal state of the breathalyzer or why a sample might cause it to read 0.035. It'll just be 0.02 is the legal limit, he came up 0.035, case closed!

    14. Re:There needs to be testing and validation... by jbengt · · Score: 1

      I agree with Thelasko: We don't need to see the source code, we just need to see the results. Evaluate it as a black box -- feed it known samples and see if it produces the correct results.

      Apparently part of the output is the probabilities that a particular sample is from the suspect or from someone else. How can you feed the program "known samples" that can evaluate that it produced correct results of the probabilities for the particular samples used in the case? (One sample was reported as having "a one in 211 quintillion chance that it originated from someone else".)

    15. Re:There needs to be testing and validation... by CanHasDIY · · Score: 1

      The code should be evaluated or the tool should be banned from court. The company doesn't like it? Too bad. They don't have to sell to the forensic lab/law enforcement market.

      Arguably, the program can be evaluated without the source code. Simply use known samples and examine the output. Do the results of the analysis match what was known about the samples?

      This testing would have to be performed by a neutral third party of course.

      Oh, like Volkswagen's Dieselgate?

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    16. Re:There needs to be testing and validation... by e_pluribus_funk · · Score: 1

      >Jurors and judges need to know what the probabilities are.

      And they need to know what the probabilities are pooled from. One of the early problems with DNA suspect testing was that early DNA databases were collected predominately from FBI agents.

      Who happened to be mostly white.

      Which means their gene expression probabilities were different than for blacks. Which meant that the probability of a false positive DNA match on black suspect with a DNA sample from another black person was a couple of orders of magnitude higher than if both had been white. Kary B. Mullis (the inventor of PCR) touches upon this in regards to the OJ Simpson case in his book Dancing Naked in the Minefield and how he was almost called to testify as a defense witness.

    17. Re:There needs to be testing and validation... by Hognoxious · · Score: 0

      How can you feed the program "known samples" that can evaluate that it produced correct results of the probabilities for the particular samples used in the case?

      Have you ever taken a medicine that hadn't been previously tested on you?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    18. Re:There needs to be testing and validation... by whoever57 · · Score: 1

      Even if the "expert" had received training, it would not have made any difference, because no one had ever done a scientific evaluation of the way a house burns. All the opinions of arson experts were bullshit, full of confirmation bias.

      --
      The real "Libtards" are the Libertarians!
    19. Re:There needs to be testing and validation... by Thelasko · · Score: 1

      How can you feed the program "known samples" that can evaluate that it produced correct results of the probabilities for the particular samples used in the case? (One sample was reported as having "a one in 211 quintillion chance that it originated from someone else".)

      I am not an expert in the field. However, I propose the following tests:

      • Two samples from the same person
      • Samples from siblings. As they should share some DNA
      • Samples from completely unrelated people, proven with ancestry.
      • Samples from the same person, but one of the samples is damaged. (contaminated, small sample, etc.)

      These tests should be repeated many times to form a statistical profile, and then compared to the output of the software.

      --
      One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
    20. Re:There needs to be testing and validation... by david_thornley · · Score: 1

      Have you ever taken a medicine that hadn't been previously tested on you?

      Yes, sometimes with side effects. I get a rash from sulfa, and I get the lisinoprol cough. I've never seen "five years in prison" listed as a possible side effect on medical data sheets, and if there's the chance of a serious adverse reaction I'm informed in advance and the doctors and nurses take precautions. I've watched for some odd nasty side effects that didn't in fact happen, and was told what to do if, for example, my Achilles tendon softened while on a certain drug.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    21. Re:There needs to be testing and validation... by david_thornley · · Score: 1

      That doesn't necessarily work. With a Breathalyzer, there's no way to run that same breath through a defense machine. We need to have such devices inspected.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  8. Re:Is this different than a human "expert witness" by Baron_Yam · · Score: 5, Insightful

    You have the right to face your accuser, which includes examining the evidence against you. This is secret evidence. It amounts to "because we say so", and should not be tolerated.

    A software bug you're not permitted to look for could send you to jail. At least with a human expert witness you can cross-examine them.

  9. It makes more sense theoretically than practically by CustomSolvers2 · · Score: 5, Interesting

    One thing is having access to the source code and a completely different story is properly analysing it. When dealing with something as complex as (probabilistic!) DNA sequencing, it seems quite clear that the most sensible way to validate the program is actually using it. Set up a proper benchmark with a relevant number of samples and confirm whether this (+ any other) program works exactly as expected. This would also be an excellent way to objectively assess its accuracy.

    --
    Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
  10. Re:Is this different than a human "expert witness" by Herkum01 · · Score: 2

    Expert judgement can be countered by other experts. Here we are being presented with something as a "Fact". There is no way to dispute it and there is no way to verify it which is what people are having a problem with.

  11. Re:It makes more sense theoretically than practica by sabri · · Score: 1

    One thing is having access to the source code and a completely different story is properly analysing it. When dealing with something as complex as (probabilistic!) DNA sequencing, it seems quite clear that the most sensible way to validate the program is actually using it. Set up a proper benchmark with a relevant number of samples and confirm whether this (+ any other) program works exactly as expected. This would also be an excellent way to objectively assess its accuracy.

    Exactly this. My kingdom for modpoints.

    You don't test software by looking at the code. You test the software by testing it. If it ain't broken, you're not testing hard enough.

    While I'm very pro-OSS, I'm anti forcing private companies to disclose their source code. It is their work, their intellectual property. It's up to the judge to admit the closed-source evidence and up to the jury to weigh it.

    --
    I'm not a complete idiot... Some parts are missing.
  12. Re:Is this different than a human "expert witness" by sinij · · Score: 4, Insightful

    Expert judgement can be countered by other experts. Here we are being presented with something as a "Fact". There is no way to dispute it and there is no way to verify it which is what people are having a problem with.

    Questioning expert's qualifications is fair game in trials. If you can demonstrate that expert is not impartial, you can largely mitigate their testimony.

    How do you question algorithm like if (1) = Guilty; other than code review?

  13. Re:Computers and computer modeling is infallible by rahvin112 · · Score: 4, Insightful

    Please point to this model and indicate where it shows your precise location will be under 10' of water by now. Either that or admit you are full of shit and a liar.

    A lack of evidence of this "model" will indicate you are a liar whether you respond or not.

  14. If its anything by Anonymous Coward · · Score: 0

    Like our current justice system it probably just looks for black genes.

  15. Re:Is this different than a human "expert witness" by martyros · · Score: 4, Interesting

    Well it shouldn't be accepted as fact. Ideally the courts would instruct the jury to treat the software's output as similar to a human being saying, "This is my expert opinion." You can submit your own software's "opinion" as evidence as much as you can get your own expert human to testify on your behalf.

    It is true that you can't cross-examine it; but ideally, that should make the software less reliable. If you had an expert who, upon cross-examination, always responded, "I don't know, it just seems that way", then he wouldn't have much credibility. Ideally, software that can't justify its "opinion" should be treated the same way.

    I have said "ideally" here several times, recognizing that it may well be the case that this isn't how people actually think. But I think a more constructive response to this misplaced trust is to help inform courts and defense lawyers more clearly (who should in turn inform the juries).

    --

    TCP: Why the Internet is full of SYN.

  16. Re:Is this different than a human "expert witness" by Thruen · · Score: 3, Insightful

    You get to ask an expert witness why their opinion is what it is, and if they answer "I'm not telling," their credibility is shot and there's a good chance their testimony will be thrown out. This software is an expert witness that nobody has any reason to believe giving testimony damning a person and then refusing to explain why but maintaining credibility. Analyzing whatever algorithm the software uses would be like questioning the witness, which is your right as a defendant in the USA, and keeping it hidden is literally denying you that right.

  17. Code quality and data provenance by Anonymous Coward · · Score: 2, Informative

    I've done some genomic work, during the Human Genome Project. I had to step away from the work due to my concerns about the lack of quality. The analysis software of the data, to assemble longer genesic fragements for testing and verification, was so very very poor that all the scientists learned to ignore the analysis and order longer sequence manually, by eyeballing it with their personal experience. It was hideously expensive to do this constantly, especially with the amount of sequences to sample and test and which came back "does not work". Part of the result was that, because they were probing in the dark, they got far more false positives that had to be tested later, as part of an even longer or overlapping sequence, that even *that* data was unreliable.

    We have *had* crime labs falsify evidence, with cases like https://www.cbsnews.com/news/a... . Without the ability to verify the provenance of the data, of the results, and of the analysis tools, the DNA analysis can be far too easy to falsify. It should be as verifiable as the scales used to measure the weight of drugs, or the spectrographic analyzer and its software.

  18. Re:It makes more sense theoretically than practica by CustomSolvers2 · · Score: 1

    I'm anti forcing private companies to disclose their source code

    In some cases, seeing the source code might be required, but under the most likely conditions this is a pretty useless formality. Very tough work which is very unlikely to output worthier conclusions than testing.

    --
    Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
  19. Re: It makes more sense theoretically than practic by Anonymous Coward · · Score: 0

    So how would you determine the code only works as it does when being tested? You could easily have a trigger in the code to give a guilty verdict when desired, and never use it during testing.

    "Well of course they're guilty, our code has been tested!"

  20. Stupid request by Anonymous Coward · · Score: 0

    Only an expert in the field is going to have a chance of understanding the algorithm.

    That expert is either going to work for this company or their competitors.

    They should only need to publish their valuation tests and the results.

    1. Re:Stupid request by Anonymous Coward · · Score: 0

      Then don't use it in court. The defendant has the constitutional right to that information if you are going to try to use it to convict them.

      I'm sorry I don't care if "corporations are people my friends" their IP does not trump an actual persons constitutional rights.

  21. Re:Is this different than a human "expert witness" by Anubis+IV · · Score: 2

    What you're describing is exactly why experts frequently have their credibility challenged and why they need to provide the means by which to verify their credentials. The problem here is that they're providing no means by which to establish or confirm the credibility of the algorithm, and they know that doing so doesn't harm them as it would with an expert witness.

    Imagine if the prosecution put an "expert" on the stand who testified how the prosecution wanted, but when the defense attorney asked where the "expert" went to school, where they worked, or how long they had been practicing, the "expert" refused to answer those questions and instead asked the jury to simply trust their "expert" opinion. They'd be laughed out of the court room, since the jury wouldn't know whether the "expert" was actually an expert or just a guy off the street. And that's how it should be.

    Unfortunately, refusing to provide a means by which the credibility of this algorithm can be ascertained doesn't elicit the same response. Machines are commonly viewed as unbiased, logical, and factual, so while a human's refusal to allow their credentials to be verifiedwould be an immediate red flag, with a machine it doesn't mean much to most people. People are accustomed to thinking that algorithms produce factual results that can be taken at face value.

    That's a problem when it comes to things that need to be verifiable, whether it's evidence in court or votes in an election.

  22. Re: It makes more sense theoretically than practic by CustomSolvers2 · · Score: 1

    You could easily have a trigger in the code to give a guilty verdict when desired

    The problem is that, in a complex enough code, you might not be able to tell even by looking at the source code. Theoretically, you certainly could, but practically nobody would spend all the required effort to gain a perfect understanding. Here, for example, a probabilistic-based DNA sequencing approach! I am tired just with thinking about how intrincated and obscure that code might be! The calculation engine might be formed by walls of constants and complex formulae, which are extremely difficult to be analysed and which might carry any faulty bit. To not mention the alternative of "what if the code analyst also wants to trick you"? The most practical (and certainly used everywhere) approach is to properly test the corresponding piece of software and, eventually, take additional measurements like having a proper knowledge about the developing company.

    --
    Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
  23. Re:Computers and computer modeling is infallible by Anonymous Coward · · Score: 0

    How is this for you?? Al Gore claimed that coastal cities would be 20 feet under water in the near future in his movie 'An Inconvenient Truth'

    http://scienceline.org/2008/12/ask-rettner-sea-level-rise-al-gore-an-inconvenient-truth/

  24. Surprise by DriveDog · · Score: 1

    Code for "facts" used in the courtroom hidden? Oh, you mean like how voting machine software and hardware design is often not available to the public for examination. All of it, anything on which democracy is contingent, needs to be published. No ifs, ands, or buts. Probably also applies to the code used in killer bots. The populace will need to know how a kill decision is made.

    1. Re:Surprise by david_thornley · · Score: 1

      The voting tabulators my state uses can be not available for public examination, because we check against hand counts.

      If killer bots are used in warfare, the public doesn't need the details. If they're used in police work, it darn well does.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  25. FTFY Re:I WANT THE TRUTH! by Anonymous Coward · · Score: 0

    if ( isDarkie() || ( isPoor() && Math.random() > .5 ))
            return "GUILTY";
    else
            return "NOT GUILTY";

  26. Re:Is this different than a human "expert witness" by UnknowingFool · · Score: 2

    It is different in that you can challenge an expert witness with your own witness. How can you challenge an algorithm that no one really knows? Considering that the FBI has used flawed statistics in DNA matching for a decade, this is not the first time that there are issues with how forensic science is done.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  27. It's worked for Breathalyzers for years by grilled-cheese · · Score: 1

    Breathalyzers are effectively closed source under trade secret protections and we've convicted lots of people with those.

    1. Re:It's worked for Breathalyzers for years by Anonymous Coward · · Score: 0

      Breathalyzers are effectively closed source under trade secret protections and we've convicted lots of people with those.

      Not sure about your state, but here breathalyzer results are only used to establish reasonable cause to compel a blood draw for lab testing.

    2. Re:It's worked for Breathalyzers for years by AutodidactLabrat · · Score: 1

      No.
      The underlying tech, including the adsorbent material and the reagent cross bond are all public knowledge and only certain interior workings of gas flow are industrial secrets

  28. I can answer this by OrangeTide · · Score: 4, Insightful

    As a programmer I can assure you that I am infallible and perfect. My superiority is the reason I am a programmer and most people are not.

    --
    “Common sense is not so common.” — Voltaire
    1. Re:I can answer this by Anonymous Coward · · Score: 0

      Excellent! How much would it cost me to get you to write me a program that spits out "He is innocent" whenever asked? That way I can submit it to the court and tell them they can't check the source code...I can now do whatever I want!

    2. Re:I can answer this by Pseudonym · · Score: 1
      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    3. Re:I can answer this by Anonymous Coward · · Score: 0

      true if(true)

      tautologies are the best tautologies

  29. 3 things, pick 1 by FeelGood314 · · Score: 2

    DNA probabilistic methods like this can do 3 things but can only be use to do one of them at a time. They can eliminate an accused, they can can eliminate all but one person from a predetermined sample of people to find the guilty person, or they can give the police a potential list of suspects. They CANNOT be used to do both of the last two. If I have a small partial DNA sample there will be multiple people in the world that it will match. If the police then just round up the first person that they find who matches and say oh the probability of a match this close is one in 300 million. Well no, if there were 300 million permutations and you looked in a population of 300 million people I would expect you to find a match (well at least 1 -1/e times) .

    1. Re:3 things, pick 1 by e_pluribus_funk · · Score: 2

      If the false positive rate is 5%, it is still a useful investigative and prosecutorial tool, even though in any moderately sized city you are going to get a LOT of false positives on DNA alone.

      For example, if you can place the suspect in the vicinity of the crime and a motive for the crime along with DNA evidence that says >=95%, then that's a solid conviction.

      However, if you are trawling 23andme.com or Ancestry.com databases for matches, and then just grabbing and prosecuting the first match, you've got some issues with your methodology.

    2. Re:3 things, pick 1 by Cederic · · Score: 1

      I disagree. I'm fine with using DNA to eliminate a suspect ("This DNA can't possibly be that person") and with furnishing the police with a list of interesting people to further investigate.

      I don't believe though that DNA should ever be used to convict someone. There may be very few false positives but there will be some, and that's too many for it to be reliable in court.

      The whole forensic process is flawed, the DNA analysis is rarely uncontaminated, the subset of DNA markers is too small, the risks of false positives is too high and the history of bad convictions too extensive.

      DNA evidence can be very helpful, but never use it to convict.

    3. Re:3 things, pick 1 by e_pluribus_funk · · Score: 1

      >I don't believe though that DNA should ever be used to convict someone.

      I think we are saying the same thing more or less, in different ways. DNA evidence should be used as a diagnostic funnel. But 95% certainty is usually sufficient in court to secure a conviction by a jury or a judge - whether or not you or I agree with those odds.

    4. Re:3 things, pick 1 by david_thornley · · Score: 1

      Absolute proof is not required for conviction; the standard is proof beyond a reasonable doubt. DNA can be used as part of the evidence for that. I personally would never vote to convict based on it alone, but then I'm the sort of guy who gets to be a peremptory strike from the jury box.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  30. Re: It makes more sense theoretically than practic by Anonymous Coward · · Score: 0

    The problem is that, in a complex enough code, you might not be able to tell even by looking at the source code.

    Even simple programs can be unreadable.
    And malicious intent isn't annouced with a comment of 'backdoor access here'.

  31. Not good enough by sjbe · · Score: 1

    Arguably, the program can be evaluated without the source code.

    At considerable expense. But even then it still is a problem because you would have to do it for every single case. Otherwise you have no way to know if something is different or wrong with the analysis in a case where no verification was conducted.

    Simply use known samples and examine the output. Do the results of the analysis match what was known about the samples?

    You're talking about using controls and/or independent testing methods. Not really good enough because if there is a discrepancy you run into Segal's Law (a man with a watch knows the time and a man with two is never sure). You have no way to know which test (if either) is the correct one. You would need to do those sorts of independent verification but you still cannot really accept any analysis in a court of law where the defendant cannot evaluate the methodology used to accuse them.

  32. Re:Is this different than a human "expert witness" by Bing+Tsher+E · · Score: 0

    You're asking how to question an algorithm that assigns the value held in 'Guilty' to the first (second?) element of the array 'if' (I assume the word 'if' is not a reserved word.)

  33. Secret code = Justice denied by sjbe · · Score: 1

    You don't test software by looking at the code. You test the software by testing it. If it ain't broken, you're not testing hard enough.

    Doing a black box analysis of software when the code should be available for review by a defendant is so wrong headed I barely know where to start There is NO place for secret code when it comes to convicting people of crimes. The defendant should be able to question any and all methods being used to accuse them of a crime.

    While I'm very pro-OSS, I'm anti forcing private companies to disclose their source code.

    Tell me that when you are facing a life sentence and you aren't allowed to examine the code being used to send you to jail. If we're talking about a word processor, who cares but when we're talking about felony convictions for crimes I see no value to society in companies being allowed to keep such code private.

  34. Re:Is this different than a human "expert witness" by Anonymous Coward · · Score: 1

    Actually, what spews out of these programs, and is presented in court as incontrovertible "mathemagical" evidence is a statement like "The likelihood that this degree of match could accord by chance is 1 in 14 trillion."

    Meanwhile, the reality is that there is not enough data to support any such claim, because the actual statistical distribution is unknown, and the claim is based on flimsy assumptions, assumptions made in the "theory" behind the possibly buggy code, the code that you can't inspect.

  35. Will happen eventually. by Anonymous Coward · · Score: 0

    Gotta be able to face your accuser...

  36. Re:Computers and computer modeling is infallible by OrangeTide · · Score: 3, Informative

    Well it's only be ~10 years since the Inconvenient Truth. I'm not sure what "near future" mean. If that means 1 year to you or 50 years to the rest of us. (I think his film was aiming at the year 2100, but I don't recall exactly).

    Here's an example, some islands are completely covered by water at high tide. http://theconversation.com/sea...

    The most up to date information has projections range from 0.2 meters to 2.0 meters (0.66 to 6.6 feet) of sea level rise in the next 100 years. [Melillo et al., 2014]. And that's the thing about science, you'll find that it is never 100% accurate and if you look back to previous theories and predictions can be embarrassingly inaccurate. But the scientific method generally leads to better answers through many iterations of models, research and theories.

    Al Gore's 20 feet rise greatly exceeds the most conservative models, as you've already noted. On the other hand if all the ice covering Antarctica, Greenland, and in mountain glaciers around the world were to melt, sea level would rise about 70 meters (230 feet). That's the far extreme of what could be done with the matter available on Earth, it's not at all likely. (maybe if the Earth's axis tilted to expose the poles? Or maybe if 10's of thousands of years went by and we acquired an atmosphere like Venus that make air temperature nearly uniform across the planet, including the poles?)

    --
    “Common sense is not so common.” — Voltaire
  37. Re:Is this different than a human "expert witness" by Dragonslicer · · Score: 3, Interesting

    Well it shouldn't be accepted as fact. Ideally the courts would instruct the jury to treat the software's output as similar to a human being saying, "This is my expert opinion." You can submit your own software's "opinion" as evidence as much as you can get your own expert human to testify on your behalf.

    One of the requirements for presenting expert testimony is that you have to provide all of the materials that the expert used in forming their opinion. If the results of some software were treated as an expert opinion, the "materials relied upon" would almost certainly include the source code. It may even make the programmers, as the source of those materials, subject to being deposed about how they developed the software.

  38. Re:It makes more sense theoretically than practica by Dragonslicer · · Score: 1

    I'm anti forcing private companies to disclose their source code.

    They don't have to disclose their source code. They can choose instead to have it not be usable in court.

    Freedom of choice does not mean freedom from consequences.

  39. Re:It makes more sense theoretically than practica by Anonymous Coward · · Score: 1

    They are asking not only for the source code but also for the algorithms behind it. It is much easier to evaluate the code once you know how it is supposed to work. In fact the algorithm and the math behind the code is what should be examined. The problem of untangling a mixture of DNA samples with levels close to the detection limit, as is in the case they discuss, is exceedingly complex. At that level the tests are highly prone to amplify a contamination (there was a case when somebody contaminated the samples with their own DNA because the tubes were opened while they talked). At the detection limit of the assay you also have stochastic effects where random alleles that are present in the sample are not detected. This is just talking about "single source" samples. Now add unknown number of sources of DNA to the mixture, every one of them with different amount and state of decay. I can easily imagine mixtures that cannot be unambiguously solved under ideal conditions. The claim that they can do that on degraded samples from multiple contributors, some of which may be relatives, at the limit of detection is one that requires extraordinary proof. I also buy the argument that revealing the code will infringe on his right to protect his IP. He can easily use patent protection instead of trade secret, which would allow examination of the science while protecting his IP.

  40. Re:It makes more sense theoretically than practica by Anonymous Coward · · Score: 0

    This doesn't account for edge cases or deliberate tampering.

    What if one of the programmers was of a malicious type who hated his ex-wife to the point where he would code a special routine in if her DNA were found (or if his own were found)?

  41. Re:Computers and computer modeling is infallible by ShanghaiBill · · Score: 1

    How is this for you?? Al Gore claimed that coastal cities would be 20 feet under water in the near future in his movie 'An Inconvenient Truth'

    A politician spouting off his opinion is not a "scientific model".

    Can you point to any climate model, peer reviewed and published, that predicted a 10 foot ocean rise by 2017? No? How about a one foot rise by 2020? No? Anything?

  42. Re:Computers and computer modeling is infallible by Hal_Porter · · Score: 1

    Exactly. In 'An Inconvenient Truth he showed the affects of a 20 foot sea level rise on various bits of the UK

    http://www.global-warming-trut...

    Impact of 20 Foot Rise in Sea Level

    In 1992 they measured this amount of melting in Greenland. 10 years later this is what happened. And here is the melting from 2005. Tony Blair's scientific advisor has said that because of what is happening in Greenland right now, the map of the world will have to be redrawn. If Greenland broke up and melted, or if half of Greenland and half of West Antarctica broke up and melted, this is what would happen to the sea level in Florida.

    Global Warming induced sea rise fffect on Florida

    This is what would happen in the San Francisco Bay.

    A lot of people live in these areas. The Netherlands, the low-countries: absolutely devastating.

    https://www.ipcc.ch/publicatio...

    The instrumental record of modern sea level change shows evidence for onset of sea level rise during the 19th century. Estimates for the 20th century show that global average sea level rose at a rate of about 1.7 mm/yr.

    Now at 1.7 mm per year 20 foot or around 6000mm of sea rise would take 3500 years! Not to mention he's being disingenuous with the Netherlands. The Netherlands isn't just 'low lying', big chunks of it are actual below sea level. They've built protective earthworks and sea walls to stop the sea coming in. If the sea level rises by 1.7mm per year they'll just need to plan to raise the height of the sea walls by on average that much plus some safety factor.

    Al Gore is a lot of things, but he's not an idiot. He must know that showing Google Maps of NYC now mostly flooded by a 20 foot sea level rise when that rise will happen over 3500 years is dishonest. Presumably he thinks being dishonest about this is morally justified because it will get people to make changes he believes they need to make anyway. Still his motives are not pure. He bet big time by investing in a bunch of companies who'd benefit from things like emissions trading. If it doesn't happen, those companies will disappear. He'lll still be richer than Crassus of course, but not as rich as if people followed his policy recommendations.

    The NYT is pretty pro Democrat but even they pointed out that he has a conflict of interest

    http://www.nytimes.com/2009/11...

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  43. Certainty serves 'justice' better than truth by karlandtanya · · Score: 0

    Justice isn't about impartiality or facts. That's not its job; that's science's job. Justice's job is to regulate society so we can all get along. If some of us have to be sacrificed, so be it. Society needs a degree of certainty in order to function.
    If we all agree on something--and if they courts say we agree, then we agree--then we have certainty. The case can be resolved, the guilty punished, and society can move on.

    The courts do NOT, and have not for a very long time if ever, had the patience or resources to give everyone accused of a crime "a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

    Do you seriously believe every dope dealer, thief, rapist, etc. is entitled to that? Yes, it was promised to you a long time ago, but you've been living in a cave if you really expect it when you show up.

    Take the plea, do the time, pay the fine, and move on. You are guilty. If you drag it to a trial you've already pissed off all the other people in the room with the possible exception of your own lawyer. Don't look to them for help.

    There are people who care about the quality of the facts that appear in court, but only in the abstract. Google "forensics on trial" and follow your nose. These people have about the same appeal to the process as any other scientist: Lawyers and the law are only interested in "facts" when they agree with theory; this is not a character defect; it's the nature of an adversarial legal system. It's supposed to be that way.

    The concept that science should be valid in court is not important--only that it is *accepted* (by the court) and that it proves *my* point. Or at least gives a quick answer so we can all get outta here. (well, except for the guilty).

    The "innocence" project is not called the Justice project. They're just as adversarial as any other legal organization.

    Face it, folks--it's like a no-longer-mentionable comedian said:
    "Mama doesn't want justice. Mama wants quiet!"

    --
    "Reality is that which, when you stop believing in it, doesn't go away." - Philip K. Dick
    1. Re:Certainty serves 'justice' better than truth by Anonymous Coward · · Score: 1

      Do you seriously believe every dope dealer, thief, rapist, etc. is entitled to that?

      Yes, absolutely. Without that, how do you know the person is a dope dealer, thief, rapist, etc? And how do you show everyone else that?

      "It is not enough that justice be done, it must be seen to be done."

    2. Re:Certainty serves 'justice' better than truth by AutodidactLabrat · · Score: 1

      Certainty only exists in the minds of people who believe that a(nother) massive debt increase (tax cut) will do what the Reagan, Bush and Bush tax cuts didn't do...
      Create jobs that pay well enough so taxes on those wages cancel the tax cuts.
      People who believe something because they wish to believe (Scott Peterson MUST have murdered his wife and baby, even though no ME could demonstrate that they had been murdered by anyone) simply are immune to uncertainty, and will not learn, rather than can not learn

    3. Re:Certainty serves 'justice' better than truth by Anonymous Coward · · Score: 0

      karlandtanya is a theif, a rapist, and a drug dealer. Off with his head!

      We don't need to give him a fair trial, not his type.

      Oh, what? He's not? Too late. Oh well, if some of us have to be sacrificed, so be it.

    4. Re:Certainty serves 'justice' better than truth by jbengt · · Score: 1

      On the contrary, I'm not only innocent, I'm not guilty, you asshole.

    5. Re:Certainty serves 'justice' better than truth by jbengt · · Score: 1
      Sorry to reply to myself, but I don't know what happened to the quote that I pasted in:

      Take the plea, do the time, pay the fine, and move on. You are guilty.

    6. Re:Certainty serves 'justice' better than truth by Anonymous Coward · · Score: 0

      ... accused of a crime "a speedy and public trial, by an impartial jury of the State ...

      First, that's why we have magistrates, or courts without a jury.

      Second, what's makes it the government's job to prosecute every infringement of the law? If you truly believed that, you'd be screaming about every cop, prison guard, politician, CEO that was caught red-handed and excused from 'justice'. That fact that justice is so expensive, means the government is limited to punishing the biggest abuses of society, not shooting every tenth citizen like Judge Dredd because, hey, it makes an ordered society.

      ... pay the fine, and move on.

      Not so easy when the fine is death, or even everything you own. Let's not forget some fines, such as 'sex offender' registers or lifetime imprisonment, don't allow one to "move-on" either.

      ... dope dealer, thief, rapist, etc. is entitled to that ...

      This is the problem with feel-good ideas, like 'tough on crime', that don't have an end-game: It turns into 'fuck you, I got mine'.

    7. Re:Certainty serves 'justice' better than truth by Cederic · · Score: 1

      Do you seriously believe every dope dealer, thief, rapist, etc. is entitled to that?

      Yes. More importantly, I also believe that everybody accused of being a dope dealer, thief, rapist, etc. is entitled to that.

      Take the plea, do the time, pay the fine

      The whole plea system in the US is a horrific barrier to justice, particularly when matched to the cost of a capable legal defence.

  44. Re:Computers and computer modeling is infallible by Anonymous Coward · · Score: 0

    The NYT is pretty pro Democrat but even they pointed out that he has a conflict of interest

    What are you talking about the New York Times for? Why not go straight to the source? Al Gore has stated it outright that he has invested with the express knowledge and belief as to what is most profitable for him, based on what he thinks will happen.

    Now if he were to travel to the Hubble Space Telescope in an attempt to melt the ice caps, or installed a giant sun-blocking shield over Springfield, then you might have something, but he's straight-out spouting that it's a profit-motive for him.

    Which is especially odd when the criticism comes from the Capitalists Apologists who defend their own with claims of "It's the most profitable way" and "Greed is good" and "It's your fault for letting yourself be fooled" among other mantras.

  45. Re:Is this different than a human "expert witness" by Anonymous Coward · · Score: 0

    You're applying syntax rules to pseudocode.

  46. Re:Um.. math says differently by Anonymous Coward · · Score: 0

    ... Whooosssshhhhhhhh....

  47. As Far As We Know... by Anonymous Coward · · Score: 0

    "As far as we know, our computer has never had an undetected error."

  48. Re:It makes more sense theoretically than practica by CustomSolvers2 · · Score: 1

    What if one of the programmers was of a malicious type who hated his ex-wife to the point where he would code a special routine in if her DNA were found (or if his own were found)?

    Your chances of finding out about that via testing are way higher than via code analysis. Even in case of having the source code, it is very unlikely that a so complex piece of software is properly analysed.

    --
    Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
  49. Re:It makes more sense theoretically than practica by Anonymous Coward · · Score: 0

    I'm anti forcing private companies to disclose their source code.

    How do you feel about voting machines? ;)

    Years ago I used to work for an independent testing lab -- we got to see (under NDA) the source code for (some) voting machines. Also the hardware. We went through that software line-by-line looking for things that were contrary to FEC standards. (The hardware was similarly evaluated.) We recompiled the source and validated it against the distributed binaries. We found a lot of questionable lines of code, although mostly trivial stuff about insufficient documentation of inputs and outputs, but occasionally stuff like use of uninitialized variables or questionable coding practices. (In languages including C, C++, PL/I, even COBOL. gagh!) Don't remember all the details, it's was six or seven years ago.

    That being said, we were looking for a specific list of issues. There could well have been crap in there that a sneaky-enough programmer could have made unobvious.

    But the source code of something being used in law enforcement should undergo at least such inspection/testing. It's not disclosing source code (except under NDA), it's submitting it to independent verification.

  50. Re:Computers and computer modeling is infallible by Hal_Porter · · Score: 1

    Gore is a rent seeking scumbag who disguises his rent seeking as environmentalism. You can be a capitalist and dislike rent seeking, and think the solution to that is to reduce the number of areas the government regulates and hence the opportunities for rent seeking. That's essentially the free market position.

    https://en.wikipedia.org/wiki/...

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  51. Re:Is this different than a human "expert witness" by networkBoy · · Score: 2

    You brought up a good point.
    So the counter would be to write a program that accepted the same physical evidence data and simply returned whatever answer the defense wants.

    --
    whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
  52. Re:It makes more sense theoretically than practica by stdarg · · Score: 1

    Freedom of choice does not mean freedom from consequences.

    That is what it means actually. Well, more specifically it's about being free from consequences that you don't wish to be subjected to. If you don't have freedom from consequences that you don't want then it's meaningless because you're really talking about free will, not societal freedom. "If you do drugs, we'll throw you in jail as a consequence! We support your freedom of choice in doing drugs!" That isn't useful.

  53. Re:It makes more sense theoretically than practica by CustomSolvers2 · · Score: 1

    but also for the algorithms behind it.

    With proper help, analysing the code is certainly easier but, if the original developers seriously wanted to hide something in a so complex piece of software, your chances of finding it via code analysis would be extremely low.

    In fact the algorithm and the math behind the code is what should be examined

    The underlying theory and the provided documentation are the worst parts to start looking for fishy bits. If they want to do something not too correct, they would hide it pretty well and, logically, don't tell you about it.

    The problem of untangling a mixture of DNA samples with levels close to the detection limit, as is in the case they discuss, is exceedingly complex. At that level the tests are highly prone to amplify a contamination (there was a case when somebody contaminated the samples with their own DNA because the tubes were opened while they talked). At the detection limit of the assay you also have stochastic effects where random alleles that are present in the sample are not detected.

    Are you saying that you cannot validate a DNA-analysing piece of software? How could that be true? Any piece of software can be validated. You have X input samples and Y expected results, if the program outputs the right result with a Z level of error is fine, otherwise is not. Whatever contamination or additional aspect should be possible to be removed, otherwise how are you expecting to use a so unreliable software/proceeding in court?

    Now add unknown number of sources of DNA to the mixture, every one of them with different amount and state of decay. I can easily imagine mixtures that cannot be unambiguously solved under ideal conditions.

    You have two options: either remove those cases from the tests or carefully analyse whatever output properly and determine whether it might be assumed correct. You have to be able to know what answer you expect either manually or by using an already-validated piece of software and, within certain confidence, determine whether the tested piece of software passes the test or not. If you do a proper test, with a big enough of proper samples and a proper assessing methodology, the pieces of software working fine should pass that test. Additionally, if the test results are so extremely difficult to be validated, how are you expecting to deal with the order of magnitude more difficult to analyse source code? At least, by assuming that plan to do it properly; just reading some basic ideas about its underlying algorithm would certainly be much easier.

    I also buy the argument that revealing the code will infringe on his right to protect his IP

    Note that my point is based on pure pragmatism, rather than on privacy/IP aspects.

    --
    Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
  54. It was *stopped* for Breathalyzers years ago by Anonymous Coward · · Score: 0

    One of first cases covered by Groklaw, and by Slashdot too at the time. The code finally got subpoenaed, and it was SO bad that IIRC the manufacturer went out of business as the result.
    If some incompetent defence lawyers let it slide unchallenged, it absolutely does not let manufacturers of such crap off the hook. The precedent is there.

  55. Re:It makes more sense theoretically than practica by networkBoy · · Score: 1

    You don't test software by looking at the code. You test the software by testing it. If it ain't broken, you're not testing hard enough.

    But you use the code to find interesting boundary cases that need additional scrutiny in testing!
    To properly test software *requires* access to source. Otherwise all you're doing is poking it with a stick to find vulnerabilities.

    --
    whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
  56. double blind testing by doctorvo · · Score: 1

    We've had the "source code" (protocols) for a lot of forensic techniques that later turned out to be crap. We don't need the source code; nobody can tell from source code whether a forensic procedure actually works reliably. To determine that, you simply need to perform double blind testing and run a large number of control experiments with every forensic test. That's true for all forensic tests, not just TrueAllele.

    1. Re:double blind testing by david_thornley · · Score: 1

      It's not possible to tell from source code that a procedure works reliably. It is possible to tell that a procedure doesn't work reliably, or, at least, that there's plenty of reasonable doubt about it.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    2. Re:double blind testing by doctorvo · · Score: 1

      THEREFORE... looking at the source code doesn't give you the information we need, namely whether we can trust the procedure.

      The information we need we get by double blind testing, namely an estimate of the error rates of the procedure in practice.

  57. Hello, Ivan. Goodbye, Ivan. by Anonymous Coward · · Score: 0

    Enough.

  58. Re:Is this different than a human "expert witness" by CanHasDIY · · Score: 1

    Hell, PBS Frontline did a special about the horrors of modern "forensics", titled 'The Real CSI'

    It's an eye-opener.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  59. Re:Is this different than a human "expert witness" by Anonymous Coward · · Score: 0

    Not even close. Its called idiom; its allowed to be imprecise and not intended to be evaluated. The same point remains without any regard to the content of the code.

  60. Re:Computers and computer modeling is infallible by e_pluribus_funk · · Score: 1

    I bet you are a blast at parties.

  61. Re:Computers and computer modeling is infallible by Anonymous Coward · · Score: 0

    Gore is a rent seeking scumbag who disguises his rent seeking as environmentalism. You can be a capitalist and dislike rent seeking, and think the solution to that is to reduce the number of areas the government regulates and hence the opportunities for rent seeking. That's essentially the free market position.

    https://en.wikipedia.org/wiki/...

    This means global warming is fake, correct?

  62. DNA is just a social construct by Anonymous Coward · · Score: 0

    DNA is just a social construct It has no basis in reality

  63. Re:Computers and computer modeling is infallible by Hal_Porter · · Score: 1

    No. Personally I think global warming is happening, but it's not all that serious, i.e. I'm a lukewarmer like Matt Ridley

    https://www.thegwpf.org/matt-r...

    These days there is a legion of well paid climate spin doctors. Their job is to keep the debate binary: either you believe climate change is real and dangerous or you're a denier who thinks it's a hoax.

    But there's a third possibility they refuse to acknowledge: that it's real but not dangerous. That's what I mean by lukewarming, and I think it is by far the most likely prognosis.

    I am not claiming that carbon dioxide is not a greenhouse gas; it is.

    I am not saying that its concentration in the atmosphere is not increasing; it is.

    I am not saying the main cause of that increase is not the burning of fossil fuels; it is.

    I am not saying the climate does not change; it does.

    I am not saying that the atmosphere is not warmer today than it was 50 or 100 years ago; it is.

    And I am not saying that carbon dioxide emissions are not likely to have caused some (probably more than half) of the warming since 1950.

    I agree with the consensus on all these points.

    I am not in any sense a "denier", that unpleasant, modern term of abuse for blasphemers against the climate dogma, though the Guardian and New Scientist never let the facts get in the way of their prejudices on such matters. I am a lukewarmer.

    Being a lukewarmer is perfectly consistent with the consensus. Ironically people saying that we'll get 20 feet of sea rise in our lifetimes are saying something inconsistent with the consensus. They're the deniers, not the lukewarmers. And actually if you look at experimental measurements of temperature models, they show warming happening slower than the IPCC's models.

    https://imgur.com/a/WWeun

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  64. Re:Computers and computer modeling is infallible by Anonymous Coward · · Score: 0

    And that's the thing about science, you'll find that it is never 100% accurate and if you look back to previous theories and predictions can be embarrassingly inaccurate.

    The point is, when someone makes 99 consecutive "embarrasingly inaccurate" predictions, you would be a fool for believing the 100th one, particularly if that prediction has a timeframe of 100 years and has a predictive window of one magnitude; "0.2 meters to 2.0 meters (0.66 to 6.6 feet) of sea level rise in the next 100 years". Even politicians don't make promises as slippery as that.

  65. Re:Computers and computer modeling is infallible by Anonymous Coward · · Score: 0

    Odd how some scientists are taken for their intent but their critics are held at their word.

    The truth is that scientific models that fail in their predictions aren't scientific. 73 models that fail in their predictions indicate an unscientific field.

  66. Complex? by Anonymous Coward · · Score: 0

    >It uses complex mathematical formulas to examine the statistical likelihood that a certain genotype comes from one individual over another,

    Complex? Nope. As a bioinformatician, I can say for sure this is a very simple thing done with very basic statistics.

  67. Re:It makes more sense theoretically than practica by mesterha · · Score: 1

    Set up a proper benchmark with a relevant number of samples and confirm whether this (+ any other) program works exactly as expected.

    So the article claims a false positive rate of 1 in 211 quintillion for a particular trial. To test that with a 95% confidence interval we would need at least 600 quintillion samples. Now we're a bit short on people on this planet. I don't think Earth could support this many people so we need to colonize other planets. To make things simple, lets assume the average planet can support 10 billion people. Therefore, we need to colonize roughly 60 billion planets and test everyone on those planets. I think we can do that without leaving the Milky Way galaxy, so we should be OK.

    --

    Chris Mesterharm
  68. Investigation, maybe... Courtroom, no. by redmasq · · Score: 1

    As stated, seems useful for investigation/obtaining warrant, and accuracy can be confirmed with blackbox quality assurance. On the other hand, I would refrain from using as "star evidence." That said, if I were in there shoes, I would get a my lawyers to draft up a nice pair of NDAs, get a respected university to verify the science, and get a security company to review the coding to get a pair of gold stars. It might make DA's and investigators a bit more likely to take a look.

  69. Re:It makes more sense theoretically than practica by Anonymous Coward · · Score: 0

    "If you do drugs, we'll throw you in jail as a consequence! We support your freedom of choice in doing drugs!" That isn't useful.

    Tell that to Hawaii where they just announced that people in Hawaii that use legalized (within Hawaii) medical marijuana, although Hawaii will not enforce Federal Law regarding marijuana and immigration (sanctuary State), they will enforce Federal Law that prohibits people from legally possessing a firearm who use and addictive and/or Federally-illegal drug, and announced a 'grace period' for such people to turn in their guns to the government without prosecution. "Shall not be infringed" has been ruled to mean no decorative edging treatments are to be applied.

    It's also an example of what can happen with firearm registries, and while I'll never register any of my large collection of military firearms.

  70. Re: Is this different than a human "expert witness by K.+S.+Kyosuke · · Score: 1

    Smart systems should be able to print a trace of their decision-making. If the code is not accesible, the particular instance of reasoning relevant to your case should at least be scrutinizable this way.

    --
    Ezekiel 23:20
  71. Re:Computers and computer modeling is infallible by ShanghaiBill · · Score: 1

    The truth

    So every one of your "73 predictions" used 1977 as a baseline? Either you found a whole lot of 40 year old "models", or you are full of bullcrap. It is hard to tell since of the 73, exactly this many are actually named or cited: 0.

  72. No way by n329619 · · Score: 1

    If I have a small partial DNA sample there will be multiple people in the world that it will match.

    No way. Does that mean there are multiple evil twins in the world I've never met?

  73. Re: Um.. math says differently by Anonymous Coward · · Score: 0

    Guilty til proven innocent, that's the system we need!

  74. Re:It makes more sense theoretically than practica by CustomSolvers2 · · Score: 1

    So the article claims a false positive rate of 1 in 211 quintillion for a particular trial.

    I didn't read the article, but that or any other issue doesn't change anything. If you aren't able to define accurate enough conditions to validate the corresponding piece of software, you would fail to do so anyway. Testing is much more likely to be quicker and more efficient than the alternative approach of analysing the code. Or do you think that by having access to the code you can guess what might be the output under so extreme conditions? If this was so, what would have been the point of having a piece of software in the first place if just by looking at the algorithm you can intuitively get the result?!

    To test that with a 95% confidence interval we would need at least 600 quintillion samples.

    No. This is not what the first statement means. And again, if you preferred to interpret it in that way and to analyse a so ridiculously big and completely unnecessary number of samples, I would recommend you to do it by running that software rather than by manually analysing the algorithm.

    I don't think Earth could support this many people so we need to colonize other planets. To make things simple, lets assume the average planet can support 10 billion people. Therefore, we need to colonize roughly 60 billion planets and test everyone on those planets. I think we can do that without leaving the Milky Way galaxy, so we should be OK.

    Out of all your ridiculous statements so far, this is my favourite one. Are you saying me that if you had to (manually) test 600 quintillion DNA samples, you would get them from 600 quintillion different people?! LOOOOOOOOL. You, this-can-be-solved-by-scaling-it-up guys, are too much for me! So, let's sum up your masterpiece so far:
    1. You have a situation about which you clearly don't have even a slight understanding (or perhaps you are being consciously dishonest/partial for whatever reason; because properly understanding all this doesn't seem that difficult for virtually anyone with any kind background).
    2. You take a random statement which seems appealing to you/to what you know ("quintillion" sounded nice to you, right?) from that description and interpret it in the most ridiculously wrong way possible.
    3. You use that first stupid conclusion as an initial step to continue guessing increasingly stupid problems/solutions: if we need to do X DNA sample tests, we would take it from X different people; if we get out of people, we make more people; if get out of space for those people, we go to other planets, etc. Everything is so easy for you, isn't it? You are a solver! LOL.
    4. You aren't able even to finish all that nonsense properly, because I would have been able to come up with a much funnier ending part myself.

    --
    Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
  75. What about clinical testing?! by martinfb · · Score: 1

    Shouldn't actual extensive testing provide enough data to determine the efficacy of such a platform?!
    Regardless of what's "under the hood"?

    If it absolutely works at least as good as any alternative, then it seems a good tool, no matter how the process is done.

    --


    Self-importance and self-indulgence is the root of ALL evil.
  76. Re:Computers and computer modeling is infallible by david_thornley · · Score: 1

    Scientific models are scientific. If they turn out to be wrong, that's important information that will be reflected in the next version. Remember that all models are wrong, but some are useful.

    Scientists are judged on what they say, since we don't get enough information to discern their intent.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  77. Re:Computers and computer modeling is infallible by david_thornley · · Score: 1

    You are aware, I presume, that the rate of sea level rise in the future could be different from 1.7mm/year? There are good reasons to think that it will increase. Nobody exactly knows how by how much, of course. Current models don't predict anywhere near that rise in that time frame, but it's easy to come up with possible ways for it to happen.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  78. Re:Is this different than a human "expert witness" by david_thornley · · Score: 1

    US Constitution, sixth amendment: "In all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor....". It seems to me that a device that announces something should have some humans, i.e. witnesses, testifying in its favor, but the courts may not agree.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  79. Re:Computers and computer modeling is infallible by Hal_Porter · · Score: 1

    Even if the current rate doubled or tripled it wouldn't make much difference. If you look at the UK the government decides what the worst case forecast is, and people maintaining coastal defences plan to deal with that. Last I checked they decided on 3mm per year. Still, people are measuring this sort of thing and those measurements, plus a safety factor, become the future government decision.

    Unless you're either building sea walls or trying to forecast, it doesn't matter what the rate is.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  80. Re:It makes more sense theoretically than practica by david_thornley · · Score: 1

    If my choices have no consequences, why bother? If my choices can have consequences I like, then they can have consequences I don't like, if only by comparison. This applies when discussing free will or societal freedom. Freedom from consequences I don't want is perforce ineffectuality.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  81. Re:It makes more sense theoretically than practica by david_thornley · · Score: 1

    With proper help, analysing the code is certainly easier but, if the original developers seriously wanted to hide something in a so complex piece of software, your chances of finding it via code analysis would be extremely low.

    That depends heavily on how the software is written. The software can be written to match the algorithm so it's verifiable. It usually isn't, of course, but it would be nice if that were required for forensic software. After all, if we're using this in a court of law, we should be sure past a reasonable doubt that it's valid. I'm a software developer, and I'm frequently not sure beyond a reasonable doubt about software I personally have written, let alone other people's software.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  82. Re:It makes more sense theoretically than practica by david_thornley · · Score: 1

    Actually, GP is correct if we're resorting to empirical testing. We would want about six hundred quintillion samples to test against to verify that. To say that the chance is one in 211 quintillion rather than one in 211 quadrillion, which is three orders of magnitude difference, we'd have to have enough testing to show that the error rate was less than one in 211 quadrillion, which means that we'd have to have enough samples so that the failures were significantly less than one in 211 quadrillion. That one we might manage to verify by testing samples from a mere half billion people against each of the other half billion. We leave the problem of getting that much blood out of each test subject as an exercise for the reader.

    If the company wants to claim one in 211 quintillion, they need to provide a basis for that belief. To apply a mathematical model to get that number, we'd have to be able to verify the model to that accuracy, and we'd have to make sure all real-world possibilities are accounted for. If there's a one in a trillion chance that accidental contamination of a sample would make it return a false positive, the probability estimate is off by at least eight orders of magnitude.

    tl'dr: That probability estimate is completely unfounded, and shows that the company doesn't care about science when it would stop them from throwing around impressive numbers.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  83. DNA genotyping by Anonymous Coward · · Score: 0

    This sounds similar to a program I used to work on that estimated haplotypes from incomplete DNA sequencing data. The technique is called Expectation Maximization. It is not easy to understand, and it is not easy to debug. I didn't write the code, but did have to fix it. You need a lot of domain knowledge about DNA to understand the code. The algorithm did converge on an answer even with the bug I eventually fixed, just slower.

    I'm guessing the program could be more accurate if the parents DNA were available. What would be the legal ramifications of asking them for a sample?

  84. Re:It makes more sense theoretically than practica by mesterha · · Score: 1

    Sorry I couldn't help myself. I figured you didn't read the article, and the ridiculous claims TrueAllele made. Human error for DNA testing has been measured to be around 1 in 200, so these tiny probabilities are just dangerous theatrics. Still it's an interesting challenge to estimate extreme probability values. I was half hoping you'd shut me up with some nice technical way around the problem...

    As for empirical testing, it makes sense as part of a larger system of evaluation. Looks like they have some papers to cover the theory. I don't know if code review would also help, but I see no reason not to allow the defense access.

    --

    Chris Mesterharm
  85. Re:It makes more sense theoretically than practica by CustomSolvers2 · · Score: 1

    I'm a software developer, and I'm frequently not sure beyond a reasonable doubt about software I personally have written, let alone other people's software.

    I am also a software developer and I have no doubts while analysing the code I wrote, any other properly-commented/structured code or even a horrible code, but all this assuming that I can invest enough time/effort. This is precisely my whole point since the start (is seriously so difficult to just understand what is clearly written?): analysing code is a less efficient alternative than testing the corresponding program under the most common conditions and certainly when dealing with a so complex piece of software like the one being referred here. That's why the first title: "it makes more sense theoretically than practically".

    --
    Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
  86. Re:It makes more sense theoretically than practica by CustomSolvers2 · · Score: 1

    Actually, GP is correct if we're resorting to empirical testing.

    Not even in that scenario. Even in case that you carried those 211 quintillion tests out, it wouldn't represent a reliable validation of the claim "1 in 211 quintillion" because just one empirical confirmation isn't statically significant (and this is, from the point of view of that claim, what performing the whole 211 quintillion test once would mean). If you want to go down such a ridiculous unnecessarily over-working path and you want to do it properly, you would have to rely on a much better methodology on the lines of repeating the process various times (at least, 5 times?) and averaging the value. So, if you perform the 211 quintillion tests 5 times and each of these times you get only 1 error, then you would certainly be in a position to undoubtedly conclude that the original statement was, beyond any doubt, accurate. But nobody in their right mind would ever tried to do such a nonsense to validate a meaning-nothing commercial nonsense.

    We would want about six hundred quintillion samples to test against to verify that.

    This is not what the intended verification was meant to be. And in any case, this isn't how you would even validate that claim. That quintillion reference is clearly an extrapolated estimation (= commercial language) which could be confirmed/dismissed by relying on equivalent means; that is, testing a much smaller number of samples and applying whatever "methodology" they used to come up with that number. But again this isn't what releasing the source code/not is about; what we are discussing here is about making sure that the piece of software works as expected and, eventually, accurately calculate its actual reliability according to whatever expectations the given court/governmental entity/legislation considers that are good enough; this isn't about confirming whatever random claim the company does.

    TL;DR: the ridiculous claim of that company is irrelevant from the software validation/source code release point of view; but, even in case of deciding to empirically validate such a nonsense, the proceeding proposed by the previous poster isn't reliable enough.

    --
    Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
  87. Re:It makes more sense theoretically than practica by CustomSolvers2 · · Score: 1

    I was half hoping you'd shut me up with some nice technical way around the problem...

    Impressive 180-turn attitude change! Well, as answered to other commentator right now, I am personally a fan of approaches on the lines of multiple attempts + averaging the results for proper empirical validation. For example, a way to confirm/dismiss/improve that much more realistic 1 in 200 estimate, I would go with 10 sets of tests up to either 200 or the second error. So, if in the first set, you get the second error at the 150 attempt, you stop there; if in the second set, you reach 200 without a second error, you stop there, etc. You average all these results and get your conclusion. Then, you should repeat that process quite a few more times under different conditions and keep averaging the results for an increasingly better accuracy. But you should also make an extra-effort to not mix up different conditions (or, at least, properly weighting them; although this is usually a more complicated alternative), what might inadvertently affect the reliability in a very relevant way. The whole system could also be systematically further tuned via replacing that initial 200 limit with the newly validated conclusions you keep getting. So, basically an iterative ad infinitum proceeding whose accuracy is mostly conditioned by the time/effort you want to spend on it, but which can also deliver as many (reasonably good) intermediate conclusions as you want.

    --
    Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
  88. Re:It makes more sense theoretically than practica by mesterha · · Score: 1

    That one we might manage to verify by testing samples from a mere half billion people against each of the other half billion. We leave the problem of getting that much blood out of each test subject as an exercise for the reader.

    Good idea. If we assume these are independent trials then it's much more feasible :) We can even do more than two people. An experiment could be you got the perps DNA and a mix of 5 other samples. Now can you detect whether or not the perp is in the mix. Also I'm not worried about the amount of blood. Since we are assuming the trials are independent, we can tolerate some experimental death. I'm more worried about the time. Still it's probably doable with some robotic assistance and is much faster than colonizing the Milky Way. (In all fairness, colonizing the Milky Way has other benefits.)

    If the company wants to claim one in 211 quintillion, they need to provide a basis for that belief. To apply a mathematical model to get that number, we'd have to be able to verify the model to that accuracy, and we'd have to make sure all real-world possibilities are accounted for. If there's a one in a trillion chance that accidental contamination of a sample would make it return a false positive, the probability estimate is off by at least eight orders of magnitude.

    Yes, it seems they have some papers, which as you point out, is still worthless. Human error is going to completely dominate. My favorite claim is that will allow the defense to look at their code if they are paid money at an hourly rate. These guys are some impressive assholes.

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    Chris Mesterharm
  89. Re:It makes more sense theoretically than practica by david_thornley · · Score: 1

    It's simple, if completely and totally impractical. There's a claim that a false positive will happen once in 211 quinttillion times. In another Universe, we could run 211 quintillion tests, and if this were the case we'd be looking at a Poisson distribution with lambda of 1. Obviously, that's not good enough. We need many more tests. We can't potentially test enough to make sure the probability is one in 211 quintillion times, but 211 quintillion really means between 210.5 and 211.5 quintillion, and it's philosophically possible to run enough tests to have any desired confidence that the real probability is in that range. I'm not going to bother to compute how many.

    There are no practical equivalent means. As you say, the estimate is extrapolation from a far smaller number of what we really hope are competently run tests. It is possible to dismiss the claim given those tests, but it's not possible to confirm it. This is the real world, and the real world is messy. Suppose the method was absolutely perfect and they ran a million tests. Now, consider that there may be a one in a billion chance that there would be some sort of unnoticed contamination of the sample, or an undetectable failure of the device, that would create a false positive. That one in a billion chance would be exceedingly unlikely to turn up in the million tests (this can be treated as a Poisson distribution with lambda of 0.001), and it would mean the company is off by eleven orders of magnitude. We know nothing about differences in human physiology with a confidence of 1 minus a 211-quntillionth, so we can't reason from that.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  90. Re:It makes more sense theoretically than practica by david_thornley · · Score: 1

    If there's a documented algorithm (and there darn well should be) and the code is deliberately written to clearly implement the algorithm (which it probably isn't), code analysis could be useful as a way of verifying it. Otherwise, the only thing source code analysis can say is that it's unsuited for forensics.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  91. Re:Computers and computer modeling is infallible by OrangeTide · · Score: 1

    The point is, when someone makes 99 consecutive "embarrasingly inaccurate" predictions, you would be a fool for believing the 100th one

    Agreed. but that has not happened.

    particularly if that prediction has a timeframe of 100 years and has a predictive window of one magnitude; "0.2 meters to 2.0 meters (0.66 to 6.6 feet) of sea level rise in the next 100 years".

    I fail to see how 0.2 m to 2.0 m is not a reasonable range. If it is backed by models that others can evaluate and reproduce, that makes it science.

    If policy makers are expected to act on every research paper that flows out of the science rags, we'd probably never get anything done. But if there are multiple confirmations on a general trend and scientists are at the point of debating the details then we can seriously consider making policy. We're at that point now, and have been beyond that point for 5-10 years depending on who you ask.

    What's amusing to me is that policy makers use science frequently. Even if the research is incomplete. Take a look at the court system's use of DNA and fingerprinting. We continue to find problems with how this is done, but the law has ruled that it is fact even if the science now says it is not quite so black and white.

    I think policy makers disregard some science and embrace other science out of political convenience. I would recommend you take a heavy dose of scepticism on anything you hear from right-leaning or left-leaning politically charged talk show hosts have to say on the subject of science.

    --
    “Common sense is not so common.” — Voltaire
  92. Re:It makes more sense theoretically than practica by stdarg · · Score: 1

    If my choices have no consequences, why bother?

    Depends what you mean by consequence. In the current discussion if we're talking about societal consequence rather than basic physics, then I think the answer is obvious -- there are lots of things you may wish to do privately that nobody ever need know about, thus avoiding the issue of societal consequence entirely.

    If my choices can have consequences I like, then they can have consequences I don't like, if only by comparison.

    They can. However you seem to be treating it as a binary choice. In reality I may freely accept some negative consequences, but not any negative consequences that can be imagined.

    To me it seems pretty obvious that the degree to which you can claim a societal freedom is directly related to the degree to which you can avoid societal consequences if desired. If I can say most things without negative consequence, but not some things, then I mostly have freedom of speech. If I can say anything I like without negative consequence, then I have absolute freedom of speech. If I can only say certain things in certain situations, I have little freedom of speech. If I have the ability to easily make anonymous speech then I have more freedom of speech than if the tools of anonymous speech are prohibited.

    I mean isn't that obvious? What useful definition of "societal freedom of speech" do you have that contradicts that?