Reading list: IP in the criminal justice system

From policing to evidence to parole, data-driven algorithmic systems
and other automated software programs are being adopted throughout the criminal
justice system. The developers of these technologies often claim that the
details about how the programs work are trade secrets and, as a result, cannot
be disclosed in criminal cases. This Article turns to evidence law to examine
the conflict between transparency and trade secrecy in the criminal justice
system. It is the first comprehensive account of trade secret evidence in
criminal cases. I argue that recognizing a trade secrets evidentiary privilege
in criminal proceedings is harmful, ahistorical, and unnecessary. Withholding
information from the accused because it is a trade secret mischaracterizes due
process as a business competition.

from Blogger

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