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This defense attorney was creative for asking to examine the source code, but that isn't the only way to cast doubt on the accuracy of the software that DNA matched his client to the crime scene. He could simply obtain a copy of it and have an expert run tests to determine a false positive rate and also what types of scenarios cause the software to deliver false positives, then call that expert as a witness.

...which could be much more expensive and sill not find the error you'd need to defend the client. You'd essentially be black box testing without even knowing what kind of errors you want to find. Or am I missing something?

It would be more expensive probably. However, under the current legal framework, this would be the only way to question the accuracy of the software.

You can also subpoena a list of bugs that have been fixed, and procedures they use to test the software.

"So, how many bugs are left in your software?" might be a good start, too . . .

Can't they just have other independent labs run the sample too? If they don't have any sample left, well... tough for the prosecution.

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