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76 SMU L. Rev. F. 1 (2023)

handle is hein.journals/smulrf76 and id is 1 raw text is: COPYRIGHT © 2023 SMU LAw REVIEW ASSOCIATION SMU Law Review Forum WHO FRAMED ROGER RABBIT? PROBABLY THE SECRET CODES! Jian Micah De Jesus* ABSTRACT Roger Rabbit was falsely accused of murdering Marvin Acme, the owner of Toontown, after photos revealed Acme's alleged affair with Roger's wife. A few snapshots, while seemingly harmless, brought a 104-minute journey into uncovering the truth and scandal behind the murder and proving Roger's innocence. And while the camera that took the photos was not necessarily a criminal justice technology that framed Roger Rabbit, there are real-life cases where a DNA software or a breathalyzer has negatively affected many defendants. Despite the proven usefulness of these technologies, it is not a perfect method in accusing and convicting defendants. The criminal justice system, however, might disagree. Yet, there are many occasions where technology has wrongfully accused an individual, and its lack of source code transparency has created a roadblock for defense counsel. That roadblock is known as the trade secret privilege. When defense counsel seeks access to source code information to determine the accuracy and reliability of a technology's data outputs, the owners of these technologies claim trade secret. By claiming that privilege, trade secret holders are exercising their intellectual property right to refuse disclosure of their technologies' secret information. But at what cost? DOI: https://doi.org/10.25172/slrf.76.1.1 J.D. Candidate, SMU Dedman School of Law, May 2023; B.A. Psychology, Florida International University, April 2019. The author is immensely grateful for Jesus, who was sent by God and who bore false testimony and the punishment of iniquity to bring abundant life and healing to all who believe (Isaiah 53). The author also wants to thank her family for all their love and encouragement. She wouldn't be where she is today if it weren't for their wisdom, guidance, and support. And, finally, the author is thankful for her friends, who have continually shown her what honor, humility, and forgiveness to one another look like. 1

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