8/14/2019 EFF: Seltzer http://slidepdf.com/reader/full/eff-seltzer 1/33 1 2 3 Cindy A. Co~ Esq.(SBN 145997) Wendy Seltzer,Esq. ELECTRONIC FRONTIER FOUNDA nON 454 Shotwell Street SanFrancisco,CA 94110 Telephone:(415)436-9333xl08 Facsimile: (415) 436-9993 Attorneysfor Plaintiff ONLINE POLICY GROUP 4 5 6 7 8 9 10 JenniferStisa Granick, Esq. (SBN 168423) STANFORDLAW SCHOOL CENTER FOR INTERNET & SOCIETY 559 Nathan Abbott Way Stanford,CA 94305-8610 Telephone:(650) 724-0014 Facsimile: (650) 723-4426 Attorneys or Plaintiffs NELSON CHU P A VLOSKY and LUKE THOMAS SMITH 12 UNITED STA~ DISTRICT COURT 13 FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 ONLINE POLICY GROUP, NELSON CHU P A VLOSKY , and LUKE THOMAS SMITH, ~ No. 15 DECLARA nON OF WENDY SELTZER IN SUPPORT OF PLAINTIFFS' APPLICA nON FOR TEMPORARY RESTRAINING ORDER AND FOR PRELIMINARY INJUNCnON Plaintiffs, 16 ) v. ) DIEBOLD, NCORPORATED,ndDIEBOLD ~ ELECllON SYSTEMS, NCORPORATED, ) 7 18 19 ~ Defendants. 20 21 I, Wendy Seltzer, herebydeclareas ollows. 22 I am anattorney with the Electronic FrontierFoundation, counsel o Plaintiff Online 23 Policy Group. I make this Declaration n support of plaintiffs application or a temporary 24 restraining order and or a preliminary njunction. 25 2. On the morningof Monday, November 3, 2003,at 9:00 a.m., called Diebold 26 attorney Ralph E. Jocke o give noticeof Plaintiffs' application or temporary estraining order and 27 for preliminary injunction. I left a message o that effect with the receptionist. I sent facsimile copies 8 of Mr locke 330-723-6446 and emailed apers to at ur to copies - - nON WENDY SEL S' APPLICAnON FORTRO AND FOR PRELIM INJUNCflON
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
The Electronic Frontier Foundation epresentshe Online Policy Group (OPG), a non-profitInternet service provider. Pleaseprovide all future correspondence n this issue to us. Afterreview of your letter of October 10, 2003, to William Doherty, OPG respectfully declines o
remove he IndyMediapages ou referenceherein.First, OPG is merely providing co-location to IndyMedia. which in turn is only providinghyperlinks o materialsyou claim infringe Diebold copyrights. n other words, OPG does nothost the Diebold materialsand neither does ndyMedia. There is merely an address or theinformationon the IndyMediawebsiteas sourcematerial or a newsstory. Linking is not amongthe exclusive ights grantedby the Copyright Act, 17 U.S.C. §106, and so cannot nfringe anycopyrightDiebold might hold. Your allegations mount o a claim of tertiary liability; copyrightlaw doesnot reachpartiesso far removed rom a claimed nfringement.
Second, he postings hemselves re plainly fair use, not infringement.As the Copyright Actprovides, the fair useof a copyrightedwork. .. for purposes uchas criticism, comment,newsreporting,... or research,s not an infringementofcopyrighl" 17 U.S.C. § 107. ndyMedia s a
newsorganizationwhoseuseof these inks givesbackgroundo its discussion f the controversysurroundinge-voting. We understandhat the linked-to material contains nternal memorandaconcerningDiebold's electronic voting machines, ncluding admissionsby Diebold staff oferrors, difficulties, bugs and other problems with the machinesand software. We furtherunderstandhat IndyMedia inked to thesememoranda s part of news eportageabout he risksof election fraud or erroneouselection results hat might arise from use of Diebold's voting~hines.
The First Amendmentplainly protectsspeech bout his very essence f our democracy - theright to a free and fair election. Thus, even if Diebold has an enforceablecopyright in thedocuments, heir repostingby others serves he public interestand would be deemed air andnon-infringingon all four factorsof die fair useanalysis: ) The pmposeandcharacter f the useis to inform public discussion nd political debateon a mattercore o American democracy, hefunctioning of our electoralsystem.As a newsagency, ndyMedia should be able to link to itsprimary sources.2) The nature of the work is (presumably) actual and thus less protected.3) The documents do not appear to embody any substantial expressive work. 4) Mostimportantly, he postingdoesnot competewith Diebold n any currentor potentialmarket - if it
cuts nto salesof e-voting equipment.t doesso onJybecauseDiebold's own statements averaised oncerns bout he machines' ecurity.
Finally, it appearsyou are harassingnumerous SPs with these frivolous demand etters,misusing claimed copyright to interfere with numeroussubscribers'contracts for Internetservice.Yau may wish o considerhe risk of co~tersuit at which his putsyou and your client.
Pleasecontact me directly if you wish to discuss he matter further
Sincerely,
~'1 ~~~end v Seltzer
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hnp://www .nytimes.com/2003/O7/24/technology24V OTE.btr9mWtcr Voting Is Open o Easy Fraud.ExpertsSay
~bt~t'W tJork ihnt~II~' t i I'll e:c, ..
July 24, 2003
By JOHN SCOW ARTZ
he software hat runs manyhigh-techvoting machines ontains erious laws that would allowvoters o castextra votesandpennit poll workers o alter ballots without beingdetected. omputersecurity esearchersaidyesteroay.
"We found somestunning,stunning laws," saidA viel D. Rubin, echnicaldirector of the InformationSecurity nstituteat JohnsHopkins University,who led a team hat examined he software rom DieboldElectionSystems,which hasabout33,(XK) oting machines perating n the United States.
The systems,n which votersare given cornputer-chip-bearingmartcards o operatedie machines, ouldbe tricked by anyonewidl $100 worth of computerequipment, aid Adam Stubblefield,a co-audlorof die
paper.
"With what we found, practicallyanyone n the country - from a teenager n up - could produce hesesmartcards hat could allow someoneo vote as many imes as hey ike," Mr. Stubblefieldsaid.
The software wa.~ nitially obtained by critics of electronic voting. who discovered it on a Diebold Internetsite in January. This is the first review of the software by recognized computer security experts.
A spokesmanor Dierold, JoeRichardson, aid he company ould not comment n detail until it hadseen he full report.He said hat the softwareon the site was "abouta year old" and hat "ifd1ere were
problemswith it, the cOOe ould havebeen ectified or changed" ince hen.The company,he said, putsits software hrough igorous esting.
"We'reconstantly mproving t so the technologywe have 10 years rom now will be better han what wehave oday," Mr. Richardson aid. "We're alwaysopen o anything hat can mprove our systems."
Anotherco-authorof the paper,TadayoshiKohno, said t wasunlikely that he companyhad pluggedallof the holes hey discovered.
There s no easy IX Mr. Kohno said
The move o electronicvoting - which intensifiedafter he roubledFlorida presidential alloting n2<XX> hasbeena sourceof controversyamongsecurity esearchers.hey argue hat the companies
shouldopen heir software o public review o be sure t operates roperly.
Mr. Richardson f Diebold said he company's oting-machine ource ode, he basisof its computerprogram,had beencertified by an ndependentestinggroup.Outsidersmight want more access, e said,but "we don't feel it's necessaryo turn it over to everyonewho asks o see t, becauset is proprietary."
Diebold s one of the most successful ompaniesn this field. Georgiaand Maryland are among tsclients.as are many countiesaround he country.The Marylandcontract,announcedhis month, s worth
10/31K)37:24f2
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Voting Is Open o EasyFraud,ExpertsSay hnp:/lwww .nytimes.corn/2003/O7/24/technology /24 VOTE.htmr!e
$56 million
Diebold, based n North Canton, Ohio, is best known as a maker of automated teller machines. Thecompany acquired Global Election Systems ast year and renamed t Diebold Election Systems. Last yearthe election unit contributed more than $110 million in sales o the company's $2 billion in revenue.
As an ndustry eader,Diebold hasbeen he focusof muchof the controversyover high-techvoting.Somepeople, n commentswidely circulatedon the nternet, ontend hat he company's oftwarehas
beendesigned o allow voter fraud. Mr. Rubin called suchassertions ludicrous"and said he software'sflaws showed he hallmarksof poor design,not subterfuge.
The ist of flaws in the Diebold software s long. according o the paper.which is online at avirubin.corn/vote.pdf. mong other hings. he researchersaid.ballotscould be alteredby anyonewith accessto a machine. o hat a voter might think he s castinga ballot for one candidatewhile the vote s recordedfor an opponent.
The kind of scrutiny hat he researcherspplied o the Diebold softwarewould turn up flaws in all butthe most igorously produced oftware,Mr. Stubblefieldsaid.But the standardsmust be as high as hestakes, e said.
"This isn't he code or a vendingmachine,"he said."This is the code hat protectsour democracy
Still, things hat seem roubling n coding may not be asbig a problem n the real world, Mr. Richardsonsaid.For example, ounties estrictaccesso the voting machines eforeandafter elections,he said.While the researchersare all expertsat writing code, hey may not havea full understanding f howelectionsare un," he said.
But DouglasW. Jones,an associate rofessor f computerscience t the University of Iowa, said he wasshocked o discover laws cited in Mr. Rubin'spaper hat he had mentioned o the system's evelopersabout i ve yearsago as a stateelectionsofficial.
find that such laws havenot beencorrected n half a decades awful," Professor onessaid
PeterG. Neumann, n expert n computersecurityat SRI International, aid he Diebold codewas "just
the ip of the ceberg"of problemswith electronicvoting systems.This is an ceberg hat needs o be hackedat a good bit Mr. Neumann aid so this is a step orward
Coovriaht2003 The N- York Times Comoanv ~ I PrivaCY Policy ~ ~lonS !JR I Back to Too
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D~m~ralS Want Uuts", \lollng 1~lacnlneA Il t~~/11nglon~
Democraticegislative eaders alledyesterday or independent uditors o studyproblemswith Maryland's voting machines. aying hey do not trust RepublicanGov. Robert L. Ehrlich Jr. to resolve he matter on his own.
. . E:Mall This Article
Printer-FriendlyVA_lftn~~'~'V"
Permission to. c, eDubllsh
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. 1Of' IISING n a letter o the director of the Marylan" Depanment f Legislative
Services,Sen. PaulaC. Hollinger (D-Baltimore County) and Del. Sheila EllisHixson (D-Montgomery)asked hat the agencyexaminea report ssued nSe~mber by ScienceApplication InternationalCorp. on security weaknessesn anew computerized oting system he state s prepared o purchaseor $55.6million.
The SAIC report on the system,developedby Diebold ElectionsSystems nc.,found serious laws that could allow tamperingwith election results.The study wasa responseo a July report by JohnsHopkins University computerscientistA vielRubin andcolleague... ho said he voting systemwas vulnerable o manipulation.
The report ed Diebold to tighten the securityof its software,but Democratsquestioned he mpartiality of SAIC. the research ompanychosenby the Ehrlichadministration.The SanDiego-basedinn hashad a standingcontractwith the stategovernment ince 2002 or infonnation technologyconsulting.
"We first want to know what's going on," said Hollinger, who chairs he Senatecomminee hat oversees lectoral s.~ues.The legislaturehasnot been nvolved atall. Whether here'sa problem or not, the only way to determine t is we do it
independently.
"Electionsare or everybody. D's and R's and I's andeverybodyelseon (he ballotIn (t)e next election.everybodyought to feel it's not influencedby partisanship."
To that end. Hollinger and Hixson asked he legislativeagency o examine hep~ess used o select he firm to conduct he review of the Diebold systemand heJohnsHopkins report and o report on "the professional redentialsand
organizational omposition of SAIC to ensure hat the SAIC analysiswas
objective.balanced. mpartial. and ree of outside nfluenceor other conflicts."
Companyofficials referredall questions o Ehrlich's office. wherea spokesman aidthe governorwelcomes he new report.
'We're onfident n the SAIC review Henry awell said.0111
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~erence yestenJay OO ould oot be reached. ". (
Karl S. Aro. execurive director of the Department of Legislarive Services. said that
his agency would respond to the request. but he noted that the deadline set for his
report --Jan. 12. near the start of the legislative session --might be too close.
.We will look at it,. Am said. We'll seeexactly what they'reasking us to do..
Navigate he Metro SectiQnoW! > Metro> Marvland > Government
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http://www.bayarea.com/mld/mercurynews/news/localnl20795.htrnire I 10128/2003 Diebold issues threats to publishers of leake.
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Cont8ct u. I SIte Index I Ardtfv8 I PIace.n Ad I N_P8per SUb8crfption. N- by Em.1I
Local NewsCONTACT US
The news desk
Complete staff listPosted on Tue, Oct. 28, 2003
Diebold issues threats to publishers of
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SAN JOSE, Calif. -One of the nation's argest electl-onicvoting machinesuppliers s threatening to sue activists forpublishing eaked companydocuments hat they daim raise
serious security questions.
But despite egal threats from Diebold nc., some activists are
refusing o remove he documents rom Web sites.
Diebold sent wcease nd des:stWetters after the documentsand Internale-mails, allegedlystolen by a hacker,were
distributed on the Internet. Recipientsof the letters includedcomputer programmers,students at SwarthmoreCollege
and at least one Internet provider.
Most of the 13,000 pagesof documentsare little more thanbanal employeee-mails, routine software manualsand oldvoter record iles. But several tems appear o raise security
concerns.
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generation
Diebold refused o discuss he documents' contents.CompanyspokesmanMikeJacobsen aid the fact that thecompany sent the cease-and-desistetters does not meanthe documentsare authentic - or give credence o advocates
who daim lax Dieboldsecuritycould allow hackers o rig
machines.
SOMETHING TO SAY?
~ Talk about It in ournews forums
"We're cautioninganyone rom drawing wrong or incompleteconclusionsabout any of those documentsor files purporting
to be authentic," Jacobsen aid.
N_s. oc;alN_.
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.Centr8!Coast
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. California. the West
.Nation/World
. Obituarle.
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CI...lfleds
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ausine... flnancle' Markets
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1/2/03 10:42
leaked documentsRACHELKONRAD
Assocl8ted Press
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http://www.bayarea.com/mld/mercurynews/news/localnl2079Diebold issues hreats o publishersof leake
~
But the activists say the mere fact that Dieboldwas hackedshows hat the company's echnologycannot be trusted.
-These egal hreats are an acknowledgment f the honificsecurity risks of electronicvoting," said Sacramento-basedprogrammerJim March,who receiveda ceaseand desistorder last month but continues o publish the documentson
his personalWeb site. WAR PHOTOS
Check out amazingIraq war photos
from staffphotographer
Pauline Lubens.
In one series of e-mails, a senior engineer dismisses concern
from a lower-level programmer who questions why the
company lacked certification for a customized operating
system used In touch-screen voting machines.
The FederalElectionCommission equiresvoting software obe certified by an independent esearch ab.
LOOKING FOR.
,. Special reports
.. Loc.I news
.. CalifornIa _.
,,~
In another e-mail, a DieboldexeaJtivescoldedprogrammersfor leaving software iles on an Internet site without password
protection.
"ThIs potentiallygives he softwareaway o whomeverwantsit," the managerwrote in the e-mail.
. an Fr8nclKO Gi8nts
. 8kl8nd Athletics
.Golden State Warriors
.S8n Jose Sh8rks
. igh Khool sports
. oIieoe sports
. occer
. ol'
. otorsports
. ther 5ports
. utdoors
EntertAinment
. ooks
. elebritIes
. omicsand G.mes
. ining
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.TV
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Llf~y'@.
. Family. Religion
. ood . Wine
. ome s. Garden
. tyle
. rave'
Marchcontends he public has a right to know about Diebold
security problems.
"The cease-and-desist rders are like a drug dealer saying,'Hey, cop, give me back my crack.' It's an incredible actical
blunder," he said.
The documentsbegan appearingonline in August, sixmonths after a hacker broke nto the North Canton,Ohio-based ompany'sservers using an employee's D
number, Jacobsen aid. The hackercopied companyannouncements, oftware bulletins and internal e-mailsdating back to January 1999, Jacobsen aid.
In August, someonee-mailed he data to electronic-votingactivists, many of whom publishedstories on their Web ogsand personalsites. A freelance ournalist at Wired News,BrianMcWilliams, lso receiveddata and wrote about It in an online
story.
The data was further distributed in digital form around theInternet and It is not known how many copiesexist.
WendySeltzer, an attorney for the ElectronicFrontierFoundation,said she has been contactedby about a dozengroups hat receivedcease-and-desistetters. Among hemis Online PolicyGroup, a nonprofit ISP hat hosts the SanFrandscoBay Area IndependentMediaCenter, whidl
published inks to the data.
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hnp://www.bayarea.comlmldlmercurynewslnews/locaV712079I tOa~/2003 I Diebold issues threats to publishers of leake.
Seltzer encouraged hem to defy the Diebold
cease-and-desistetters.
"There s a strong fair-use defense,"Seltzer said. "Peopleareusing these documents o talk about the very mechanismofdemocracy how the votes are counted. t's at the heart of
what the First Amendment protects."
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http://www.msnbc.com/news/98503
People" ChatShopping Moneyotmail Searchy MSNSN Home
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Find~ e..Ns
By StevenL~vyNEWSWEEK
Nov. 3 issue After the traumas f butterflyballots and hanging chad, election officials areembracinga brave new ballot: sleek,touch-screen erminals known as direct
recording electronic voting systems DRE).Statesare starting to replace heir RubeGoldbergesqueechnology with digital deviceslike the Diebold Accu-Vote voting terminal.
Georgia uses Diebolds exclusively, and otherstateshave spentmillions on such machines,funded in part by the 2002 federal HelpAmerica Vote Act. Many more terminals are on
the way.
~.;.-= TKhnology andScience. elcome o History 2.0
.lack Box Voting Blues
. umpingUp the Volume. pple's Music Man
~. aith & Healing. he MurkyWar n Iraq:Who is tha Enemy?
. Led by Dean, Oems FightforB~ Voters. llan Sloan: ExecutivesBehaving Badly
11/2/03 10:5
Electronic ballot technology makes things easy. But somecomputer-security experts warn of the possibility of stolen
elections
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http://www.msnbc.com/news/98503
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UNFOR11JNA EL Y, THE machineshave a fataldisadvantage," aysRep. Rush Holt of New Jersey,who'ssponsoring egislationon the ssue. They're unverifiable.When a voter votes,he or shehasno way of knowingwhether he vote s recorded."After you punch he buttonsto choose our candidates, ou may get a final screen hatreflectsyour choices-but there's no way to tell that thosechoicesare he ones hat ultimately get reported n the finaltally. You simply have o trust that the software nside hemachine s doing its job.
It gets scarier.The best minds in thecomputer-securityworld contend hat the voting terminalscan't be trusted.Listen. for example, o Avi Rubin, acomputer-security xpertand professorat JohnsHopkimUniversity who was slipped a copy of Diebold's sourcecodeearlier his year.After he and his students xaminedit, he concluded hat the protectionsagainst raud and
tamperingwere strictly amateurhour. "Anyone in my basicsecurityclasseswould havedonebetter," he says.Thecryptographywas weak and poorly implemented, nd hesmart-card ystem hat supposedlyncreased ecurityactually creatednew vulnerabilities.Rubin's paperconcluded hat he Diebold systemwas "far below even hemost minimal security standards."Naturally, Diebolddisagrees ith Rubin. "We're very confidentof accuracyand security n our system,"saysdirector of DieboldElection SystemsMark Radke.
After Rubin's paperappeared,Maryiandofficials-who were about o drop $57 million on Diebolddevices-commissioned an outside Inn to look at theproblem. The resulting report confirmed many of Rubin's
findings and found that the machinesdid not meet hestate'ssecurity standards.However, he study also said hatin practicesomeproblemswere mitigated,and otherscouldbe fixed, an attitude Rubin considersoverly optimistic."You'd have o start with a fresh design o make hedevicessecure,"he says.
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http://www.msnbc.com/news/98SO
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In the past few months, he computer-securitycommunityhasbeen ncreasinglyvocal on the problemsofDRE terminals. I think the risk [of a stolen election] sextremelyhigh," saysDavid Dill, a Stanfordcomputerscientist.The devicesare certified, scientistssay, but theprocess ocusesmore on making sure hat the machinesdon't breakdown than on testingcomputercode or Trojanhorsesand susceptibility o tampering.While there's noevidence hat the political establishment ctually wants
vulnerablemachines, he Internet s bU2Z-ingwithconspiracy heoriescenteringon these black box" votingdevices. The biggestbuzz focuseson the 2002 Georgiagubernatorial lection,won by a Republicanunderdogwhosewin confoundedpollsters.)Suspicions un evenhigher when people earn hat someof those n chargeofvoting technologyare hemselves artisan.WaldenO'Dell,the CEO of Diebold, s a major fund-raiser or the Bushre-electioncampaignwho recentlywrote to contributorsthat he was "committed to helping Ohio deliver itselectoralvotes or the presidentnext year." (He laterclarified that be wasn't talking about igging the machines.
Whew.)To remedy he problem, echnologistsand allies are
rallying arounda scheme alled verifiable voting. Thissupplements lectronicvoting systemswith a print-out thataffinns the voter's choices.The printout goes mmediatelyinto a secure ockbox. f there'sa need or a recount, hepaperballots are tallied. It's not a perfect system.but itcould keep he machineshonest. f Representative olt'sproposedVoter ConfidenceAct is passed, erification willbe the law of the land by the 2004 election, but prospectsare dim. as the committeechainnao,Bob Ney of Ohio, isagainst t.
. note that the printoutsVoti~ I: HIgh-Tech, ighAnxiety are susceptible o some. A~k): s~ Levy,NEWSWEEK of the samekinds of
seIlIOredb and CavessmlW' . kg I ed .thl8h Hat. DefTX)a8tic, ." b1C once p ay Wi
Jersey, r:A 'Voter paper ballots. ButVeribtlon Act' there's a promise of. im: Listenk) 118wT~ moreelegant olutionsweeklyOnAir8tX)W ti I . .
or e ectromcvOtingthat are private,
verifiable aOO irtually tamperproof.MathematicianDavidChaumhasbeenworking on an ngeniousscheme asedonencrypted eceipts.But whateverwe wind up using, t'stime for politicians to start istening to the geeks.Theystart rom the premise hat democracy eserves o less hanthe best election echnologypossible,so that the vote of
every citizen will count. Can anyonepossibly arguewiththat?
1/2/03 10:50
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P.810-619328865914:43
NEWS ND NfORMATION FACf
OCT2 4 2003
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Latest DMCA Takedown Victim: The E.lectJonProcessBy Ed Foster, SectionColumnsPosted on Thu Oct 30th, 2003 at 09:19:07AM PDT
"Congress hall make no law respectingan establishmentof religion.
or prohibiting he free exercise hereof; or abridging he freedom ofthe speech,or of the press ... except as needed o allow trademarkand copyright holders complete power to control discussions bouttheir brands." Make a new account
'sername:-Password
Forgivemy minor editing of the First Amendment,but I wanted toillustrate ust where we are In the era of the DMCA DigitalMillenniumCopyrightAct). NothInghas made t clearer ust howfundamentally he DMCA hreatens our most basic rights than thecurrent flap about electronicvoting machines rom Diebold, nc. -~~
~a,~~ p~~.~~"~~~~r
. refused to accede
. Blackbox Vot/no
.Why-War
. ~. ,h." inti'\n "~~G
'" M2!.!.2!l..
I"~~~~ ~
Just as a capsulesummary n caseyou've missed t, over the lastseveral months there has been a rising tide of concern egardingthe verifiability of electronicvoting machines n generaland thesecurity, reliability, and integrity of Diebold's echnology nparticular. Adding uel to the fire is the leakingof a large cacheofinternal Diebolddocumentsand e-malls that have been circulatingon the Internet. Critics pointed to memos hat they saiddemonstratedDiebold's echnology was b~Ogy,badly tested, andvulnerable o backdoormanipulation.Som~ evendaim to seeevidence hat outcomesof electionshave already been Influenced.
Perhapsnot surprisingly, Diebold's irst response /as to begincease-and-desist etterings to websites hat had posted Its internal
memos, hreatening to have those sites taken down under Section512 of the DMCA.Section 512 providesa very big hammer ocopyright holders because t requires Internet service providers oeither Quickly emove any allegedly nfringing material they arehosting or face iability for the infringement hemselves. f the ISPrefuses, he copyright holder can go to the ISP's upstream providerand ask them to pull the plug. To protect themselvesand theirott)er customers, herefore, most ISPswill automaticallyandimmediately ake down their dient's site upon receivinga 512notification
Dieboldwent the typical DMCA akedown one better, though. Notonly did It go after the ISPSWhose lients were posting he Dieboldmemos, t also began sending cease-and-desistetters to secondarysites that were reporting the controversy and merely contained
hypertlnks o sites that were hosting the Dieboldmaterial. One suchwebsite and its ISP r~fus~ to accede o the DMCA akedownorderand are being defended by the ElectronicFrontier Foundation.
In other words, not only are you subject to DMCA akedown orwhat's on your own site, but you and your ISP are responsible orwhat might be on a site you link to. From a journalist's point of view
IO/30K)36:56 P
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[)~,~AT~~~~.v~ctim:
thls~isessome nteresting uestions bouthowone can airly~p~j'tthls story and provlde~ders w.ith esourcesOrmakingup. . .their own mindswIthout ncurringDiebold'swrath;'c
p~vlde links to Dlebo.ld-t~rg~~edsitess ~Ia~!$bo~otina or .
,WhY-WaI, he acknowledged 1 <;Quid b~t.~~l.Q,,~.~~,}~,Wf~~P9$,$.!~I~~uld get a cease-and-desist otice. "I'm not saying we're going todo it, but you would be at risk for getting a letter," he said. "Anyone
that's hosting a direct link to someonehosting hose files, we want~e~ ~u,nd~rs~and t\ls I~Ou~stolenproperty and we want those'!Inks o be removed.Lookingat It from a legal pe~ve, we wereadvised he DMCAwas h~ best resource or getting that done. Allwe're really requesting hat the links be removed rom the site,
,; ,
although t does seem that the ISPs wind up taking down the whole
site."
Of course, 'm probably going o have a long walt for my, .cease-and-desistetter, becauseDiebold'sactionshave backfired n
ariv~~~r gf way~. A mushroomingnumber o~s~tes re nowmltrOrj~gtheentil:"eset of memos, and by dalmlng Intellectualproperty rights to them, Diebold has given backhandedc~9~entt~ti6nto the ma~tlal;""But n using. he,t;>MCAtory to
suppress he debate about Its voting machines,Diebold has madeanother tactical error - It's closed off the discussion o all but itsmost virulent detractors. Academicians r journalists who mightfind evidence n the memos o debunk the more sensational laimsabout stolen electionsare going to feel their hands are tied.
The Diebold controversy has raised a number of troubling questions.
that can only be answeredby an unbiased, ransparent examinationof the facts. Trying to avoid that examin~,t.lon through questionableintellectual property will only leave a lingering cJoud of suspicion
"hanging over the electoraJ rocess.And tt,~~V~~yet again that theDMCA s in practice otally antithetical to 6verythlng Americansbelieveabout how a democracy s supposed u work.
Post your comments about this column below or write me directly [email protected]. To receive this column every week in my freee-mail newsletter, please go to my SUbSCQDtioQaQeand follow theinstructions to opt-in for the EdFoster mailing list.
I Oldest First ~~~~8tQMCA.rakedownVictim:~_~nf~ 13comments 3 topical, 0 editol:ial) p~at A,C_Omffi-en~
Wb8t .boUt M8rd1 eng8~?(none / 0) W)by AnonymousUser on Thu Oct 30th, 2003 atl1~56:06 AM PDT-
I'm curious whether Diebold has sent a ceaseand desist order to Googleand the other search engines,
which very likely contain inks to the material n question.
are the search engines removing he links?
are their ISPs hreatening to take them offline? THATshould raise some eyebrows!!
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l~_~ ~~~~~~_I §AV.E-Dj!§ I eMAll.JHlS;~
Touchscreen machines not the cure-all some expected
(AP) --Doubts about the trustworthiness of electronicvoting machines are growing among election officials andcomputer scientists, complicating efforts to safeguardelections after the presidential stalemate of 2000.
With Just over a year to go before the next presidential race,touchscreenvoting machinesdon't seem ike the cure-all some thoughtthey would be. Skeptics ear they'll only produce more problems, rommaking recounts ess reliable to giving computer hackersa chance osabotage esults.
"I'm deeply concernedabout this whole idea of election ntegrity," saidWarrenSlocum, chief election officer in California'sSan MateoCounty.His doubts were so grave hat he delayedpurchasingnew votingmachinesand is sticking with the old ones for now.
He's not alone. While the Florida recount created momentum orrevamping he way Americansvote, slow progress on funding andfederal oversight means ew people will see changeswhen they castballots next week. And new doubts could further slow things.
In Florida'sBrowardCounty -- sceneof a Bush-Gore ecount of
punch-card ballots -- officials spent $17.2 million on new touchscreenequipment. Lately, hey've expresseddoubts about the machines'accuracy,and havediscussedpurchasingan older technology for 1,000more machines hey need.
The concerns focus on
. Voter confidence: Since most touchscreen machines don't create a separate
paper receipt. or ballot, voters can't be sure the machine accurately recordedtheir choice.
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. ecounts: Without a separate receipt, election officials can't conduct a
reliable recount but can only return to the computer's tal/yo
. Election fraud: Some worry the touchscreen machines aren't secure enough
and allow hackers to potentially get in and manipulate results.
"The computer sciencecommunity has pretty much rallied againstelectronicvoting," said StephenAnsolabahere, voting expert at theMassachusettsnstitute of Technology. A disproportionate number of
computer scientistswho haveweighed n on this issue are opposed o. "
I .
Other doubters say the solution would be .voter verifiable paper trails"-- a paper receipt that voters can see o be confident of their choice,
that can then be securelystored, and that election officials can rely onfor recounts.
Federalelection-reform legislation passed n 2002 aims to upgradevoting systems hat rely on punch-card ballots or lever machines,andto improve voter registration, voter educationand poll worker training
Statesupgrading heir equipment are looking at two systems:electronicmachines,with voters making their choice by touchscreenssimilar toATMs; and older optical scan machines,with voters using pen andpaper to darken ovals, similar to standardized ests.
Still, North Dakota changed ts plan to give officials the flexibility to gowith touchscreensor optical scan machines.And the NationalAssociationof Secretaries f State held off from embracingtouchscreensat Its summer meeting, pending urther studies.
"This is too important to Just sort of slam through,- said WilliamGardner,New Hampshire's ecretaryof state. In Congress,Rep. Rush
Holt, D-New ersey, has introduced a bill that would require that allvoting machinescreate a paper trail.
Critics mistaken
Computer manufacturersand many election officials say the critics aremistaken. They nsist that security s solid and machines ecords areexaminable.They also say the sought-after Improvementswill createother problems, such as malfunctioning machinesand violating theintegrity of a voters' privacy.
Slocum igures that only about a half-dozen of California'scountyelection commissionersshare his concerns.
The complaints echo those that came up when lever machineswereintroduced in the 1920s, and again when punch cards cameon thescene, said Doug Lewis,an expert at The ElectionCenter n HoustonTexas.
"Wewere going to find that electionswere manipulatedwildly andregularly. Yet there was neverany proof that that happenedanywherein America,"Lewissaid.
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David Bear,a spokesman or Diebold ElectionSystems nc., one of thelarger voting machine makers, said "the fact of the matter is, there'sempirical data to show that not only is electronicvoting secureandaccurate, but voters embrace t and enjoy the experienceof voting that
way."
This week, a federal appealscourt in California threw out a lawsuit thatchallengedcomputerizedvoting without paper trails, finding that no
voting systemcan eliminate all electoral raud.
That didn't satisfy doubters.
John Rodstrom r., a BrowardCounty, Florida, commissionersaid localofficials there wanted to upgrade o optical scan machines,but werepressured nto buying more than 5,000 touchscreens.
'We were forced by the Legislature o be a trailblazer," he said. .hevendors ... they're going to tell you it's perfect and wonderful. (But)there are a lot of issuesout there that haven't been answered. t's ascary thing."
Find this article at:http://www.cnn.com/2003/ALLPOllTICS/10/30/elec04. lection.worries
~-~i~~'!rint] SAY-E_IHJ~E--~J1nt!"s:~$eCheck the box to include he list of links referenced n the article.
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Why War? Features
W h y W a r ?y-war.com
Targeting Diebold w ith Electronic CivilDisobedience
Prepared by STAFF for W h y W a r?
Why ar e these memos controversal? Read the excerpts and see for yourself, then read the
campaign update for the latest news.
How to get the files: Note that the location of the documents may change, but this page will
always have the current links. In case Diebold takes down this page, bookmark
cultcom.com/mirror.htmlor web.umr.edu/~gabriels/diebold.html. You must currently copy and
paste the URL because Diebold has attacked our right to deep-link to the memos.
Note: Can’t highlight the text? Click here.
q Browse the documents: http://chroot.net/s/lists/,