You have to use that new global inside an eval for backwards compatibility: 
sub is_tainted {
   my $taint;
   if ( $] >= 5.008 ) {
      $taint = eval '${^TAINT}';
   }
   else {
      # some work around ...
   }
   $taint;
}

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In reply to Re^2: Checking to see if Taint mode is enabled by Burak
in thread Checking to see if Taint mode is enabled by saintly

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