Trade Secrets Shield Private Forensics From Scrutiny
Private forensic vendors such as ShotSpotter (now SoundThinking) have invoked trade secret protections in criminal cases, including the 2020 Chicago shooting that led to charges against Michael Williams before dismissal in July 2021. Defense lawyers and legal scholars say withholding the company's "classification continuum," source code, and analyst identities impedes meaningful cross-examination and has parallels in COMPAS and TrueAllele litigation nationwide, raising due-process concerns.
Key Points
- 1Withholds: ShotSpotter/SoundThinking labels 'classification continuum' and analyst identity as trade secrets.
- 2Erodes: Trade secret claims limit defense access to methods, undermining evidentiary scrutiny in trials.
- 3Impacts: Defense attorneys need funding and expert testimony to challenge proprietary forensic evidence effectively.
Scoring Rationale
Highlights widespread legal risks from proprietary forensic tools, but presents no new regulatory solution or breakthrough evidence.
Sources
Public references used for this report.
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