eff: seltzer

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Cindy A. Co~ Esq. (SBN 145997)Wendy Seltzer,Esq.ELECTRONIC FRONTIER FOUNDA nON454 Shotwell StreetSanFrancisco,CA 94110Telephone: (415) 436-9333xl08Facsimile: (415) 436-9993

Attorneys for PlaintiffONLINE POLICY GROUP

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JenniferStisaGranick, Esq. (SBN 168423)STANFORD LAW SCHOOLCENTER FOR INTERNET & SOCIETY559 Nathan Abbott WayStanford,CA 94305-8610Telephone: (650) 724-0014Facsimile: (650) 723-4426

Attorneys or PlaintiffsNELSON CHU PA VLOSKY and LUKE

THOMAS SMITH12 UNITED STA~ DISTRICT COURT

13 FOR THE NORTHERNDISTRICT OF CALIFORNIA

14 ONLINE POLICY GROUP, NELSON CHUPA VLOSKY , and LUKE THOMAS SMITH,

~

No.

15 DECLARA nON OF WENDY SELTZERIN SUPPORT OF PLAINTIFFS'APPLICA nON FOR TEMPORARYRESTRAINING ORDER AND FOR

PRELIMINARY INJUNCnON

Plaintiffs,16 )v. )

DIEBOLD, NCORPORATED,ndDIEBOLD ~

ELECllON SYSTEMS, NCORPORATED, )

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Defendants.20

21 I, Wendy Seltzer,herebydeclareas ollows.

22 I am an attorneywith the ElectronicFrontier Foundation,counsel o Plaintiff Online

23 Policy Group. I make this Declaration n supportof plaintiffs application or a temporary

24 restrainingorder and or a preliminary njunction.25 2. On the morning of Monday,November3, 2003, at 9:00 a.m., called Diebold

26 attorneyRalph E. Jocke o give notice of Plaintiffs' application or temporary estrainingorder and

27 for preliminary injunction. I left a messageo that effect with the receptionist. I sent facsimile

copies8 of Mr locke 330-723-6446 and emailedapers to atur tocopies- -

nON WENDY SEL S'APPLICAnON FOR TRO AND FOR PRELIM INJUNCflON



[email protected]. further caused he papers o be servedon Diebold, Inc. and Diebold1

Election Systems, nc. through heir registeredagent:CT Corp. Systems,818 West SeventhStreet,2

Los Angeles,CA 90017.

Attachedheretoas Exhibit A is a true and correctcopy of the letter I wrote on3.

sent o him bye-mailehalf of Online Policy Group to Diebold attorneyRalph E. Jocke,whichs

and U.S. mail on October22,2003.

am informed and believe to bettached hereto as Exhibit B is a printout of what.

the Diebold e-mail archive hat was postedon the SwarthmoreCoalition for the Digital Commons8

websiteand hat was inked to from the SanFrancisco ndyMedia website.9

Attachedheretoas Exhibit C is a true and correct copy of a newspaperarticle: John10 s.

Schwartz, Computer Voting Is Open to Easy Fraud, Experts Say, N.Y. TIMES,July 24,2003 at1

12 A16.

Attached hereto as Exhibit D is a true and correct copy of a newspaperarticle:6.3

Nelson Hernandez& Lori Montgomery, Md. Democrats Want Outside Voting Machine Audit,14

WASH. POST,October 21, 2003 atBOl5

Attached hereto as Exhibit E is a true and correct copy of a newspaperarticle:16 .7.

Rachel Konrad (AssociatedPress),Diebold issues hreats o publishers of leakeddocuments,SAN17

JOSE MERCURY NEWS, October 28, 20038

Attachedheretoas Exhibit F is a true and correctcopy of a magazinearticle: Steven19 8.

Levy, Black Box Voting Blues, NEWSWEEK, ctober 2003, at0

21 <http://www.msnbc.com/news/985033.asp>

Attached hereto as Exhibit G is a true and correct copy of a newspaperarticle:9.2

Kristin Smith, Swarthmore students refuse to comply with Diebold Co., DELAWARECOUNTYDAILY23

TIMEs,October24,2003 at 74

Attached hereto as Exhibit H is a true and correct copy of a printout from Ed10.5

Foster's GripeLog, "Latest DMCA TakedownVictim: The Election Process,"October30, 200326

Attached hereto as Exhibit I is a true and correct copy of a news article: Associated27 11.

28 Press,Worriesgrow over new voting machines' eliability, security, CNN.COM,October 30,2003,

-2-DECLARATION OF WENDY SEL mR IN SUPPORT OF PLAINTIFFS'

APPLICATION FOR TRO AND FOR PRELIM INJUNCTION



at <http://www .cnn.com/2003/ ALLPOLITICS/I O/30/elec04.election.worries/>.1

Attachedhereto as Exhibit J is a true and correct copy of a printout from the Why-12.

War? website, as of November 2, 2003, isting mirrors of the e-mail archive and indicating those3

for which takedown equests avebeen eceived:

<http://www.why-war.com/features/2003/10/diebold.html>

I declare under penalty of perjury under the laws of the State of California that the6

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APPUCATION FOR TRO AND FOR PRELIM INJUNCTION



.1 ;;-~1c F;";--kr ...~~ - , - ..... - ,-

October22, 2003

Ralph E. Jocke, Esq.Walker & Jocke

231 South BroadwayMedina. Ohio 44256

VIA EMAIL ([email protected])AND U.s. MAIL

RE: Diebold's Copyright Infringement Claim

DearMr. Jocke

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

Sb-..t. $en f'ranci8CO,CA 94110 USA

+1415436 333 . +1415436 993 . www.eff.org. nfoOeff'.org



October 22, 2003Page2

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



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



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

10/3



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SEARCH:

~ > MeSro Maryland> Government

Md. Democrats Want Outside Voting Machine Audit- Free E-mail

NewslettersNews HeadlinesNews Alert

By N~/sonH~rnand~zand Lori Monlgomer:

Washington Post Staff Writers

Tuesday,October 21, 2003; Page DOl

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

.. Subscribe to The Post

. 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

10/25/039:22 of



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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..

C 2003 The WashingtonPostCompany

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10/25/039:22 P



http://www.bayarea.com/mld/mercurynews/news/localnl20795.htrnire I 10128/2003 Diebold issues threats to publishers of leake.

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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.

SPECIAL PACKAGES

" Governor recall

" Budget Crts1s

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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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. California. the West

.Nation/World

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. Iraq: The Aftermath

CI...lfleds

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ausine... flnancle' Markets

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1/2/03 10:42

leaked documentsRACHELKONRAD

Assocl8ted Press



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

. vent.

. ye

.HOroscopes

. Movl..

. Music

. Nightlife

. Performin9 Arts

.TV

. Visitor. Guide

. Vi5ual Arts

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.

11~3 10:42



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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lriio3 10:42



http://www.msnbc.com/news/98503

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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



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.

1/2/03 10:50A



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.

Critics of...~ verifiable voting do. havea pointwhen hey

. 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



http://www .msnbc.com/news/985033.asp

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NEWS ND NfORMATION FACf

OCT2 4 2003

claimspublic has pr~ ~~=-. Anythinghatadds o thiS ebateneeds.. .

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, UaFalrUs'i . Columcs . Issu~sY°L!r GriDe~ . Submit a Grioe

- - __IAbout the ~riD~LoQ Donations

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



[)~,~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.

< Naoster2.0'sDRM oroblem (1 comments)

~~:r~~~~~~~~a~~isplay:readed-3 Sort:Hiiihest RatedFirst-~

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!!

10/30/03 6:5



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.



. 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.



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.



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/,

http://www.sims.berkeley.edu/~ping/diebold/lists.html

q Search the documents: http://diebold.f-451.net/search/search.php

q BitTorrent: http://cscott.net/Activism/lists.tgz.torrent

q EDonkey/ Overnet:

[ed2k://|file|list.tar.bz2|7762005|c53855d1c5da1fec2da1548905bc689f|/]

q Freenet:

CHK@sgOjWAy4g-0bf0m5biyqnEzWloENAwI,OXw8OfHPfsmLd068BtICKg/lists.tgz

CHK@fsatUAqLqJP91UTrCoReT3qciVYNAwI,whenOQbgnMLSo84zg1~~aA/lists.tar.bz2

q Newsgroup postings: Help us do this

q Archived file (tarred and gzipped):

http://eddie.ratm.net/johnkimble/lists/lists.tgz

http://www3.telus.net/swix/list.tar.bz2 (checksum, sig)

On a Windows PC, use WinZip or WinRAR; on a Mac just double-click the file

q .edu hosts of the documents (both archived and full-text):

r Swarthmore College (takedown request received)

r Swarthmore College (takedown request received)

r Univ. of Southern California http://www-scf.usc.edu/~kanawi/lists.tgz

r Massachusetts Institute of Technology (takedown request received)

r Massachusetts Institute of Technology (takedown request received)

r Massachusetts Institute of Technology

Our Po

(Oct. 21

(Oct. 23

ElectroCivil

Disobe

DieboldElectio

System

(also re

Articlesth eContro

Newswe

AssociaPress:

Wired N

AssociaPress:

Truthou

Indepen

Baltimo

Seattle T

New YoTimes:

Salon:

Scoop:

Clevela Dealer:

Wired N

San DieUnion-T

MSNBC

Scoop:

ttp://www.why-war.com/features/2003/10/diebold.html (1 of 11) [11/2/2003 9:33:31 PM]

http://www.why-war.com/


mailto:ecd-info%40why-war%2Ecom

http://cultcom.com/mirror.html

http://web.umr.edu/~gabriels/diebold.html

http://members.optusnet.com.au/whywardotcom/

http://chroot.net/s/lists/


http://diebold.f-451.net/search/search.php

http://www.why-war.com/resources/guides/2003/10/usenet.html

http://cscott.net/Activism/Diebold/list.tar.bz2.md5

http://cscott.net/Activism/Diebold/list.tar.bz2.sig

http://www.winzip.com/

http://www.rarlab.com/

http://www.rarlab.com/

http://www.winzip.com/

http://cscott.net/Activism/Diebold/list.tar.bz2.sig

http://cscott.net/Activism/Diebold/list.tar.bz2.md5

http://www.why-war.com/resources/guides/2003/10/usenet.html

http://diebold.f-451.net/search/search.php


http://chroot.net/s/lists/

http://members.optusnet.com.au/whywardotcom/

http://web.umr.edu/~gabriels/diebold.html







Why War? Features

http://web.mit.edu/chrisk/www/diebold/list.tar.bz2

r Purdue University (takedown request received)

r Univ. of Texas–Pan American (takedown request received)

r Amherst College (takedown request received)

r Hampshire College http://stout.hampshire.edu/~pks03/list.tar.bz2

r Rochester Institute of Technology http://www.cs.rit.edu/~cmm5533/diebold/lists.tgz

r Rochester Institute of Technology http://libre.rh.rit.edu/lists.tgz

r Rochester Institute of Technology http://rancor.rh.rit.edu/

r Rochester Institute of Technology http://www.rit.edu/~tjd3307/lists.tar.bz2

r Univ. of Evansville http://csserver.evansville.edu/~sc87/diebold/

r Boston University http://cs-people.bu.edu/chrisn1/diebold-memos.tgz

r Carnegie Mellon University http://www.cs.cmu.edu/~matth/lists

r Carnegie Mellon University http://www.andrew.cmu.edu/~dcheng/diebold/lists.tgz

r Carnegie Mellon University http://andrew.cmu.edu/~apapadop/lists.tgz

r Univ. of Missouri–Ro lla (takedown request received)

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r Univ. of California–Berkeley (takedown request received)

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r Univ. of California–Berkeley http://sims.berkeley.edu/~ping/diebold

r Univ. of California–Berkeley http://sims.berkeley.edu/~savage/lists.tgz

r Duke University http://www.cs.duke.edu/~justin/archive/diebold.html

r Univ. of North Carolina at Chapel Hill http://www.unc.edu/~cjp2/lists.tgz

r North Carolina State University http://www4.ncsu.edu/~jgkimbro/diebold.html

r Univ. of Pennsylvania http://www.seas.upenn.edu/~dmargoli/lists.tgz

r Grinnell College http://www.math.grinnell.edu/~laiu/lists.tgz

r Grinnell College http://web.grinnell.edu/individuals/laiu/lists.tgz

r Grinnell College http://www.math.grinnell.edu/~lyonavra/diebold/lists/index.html

r Wright State University http://www.wright.edu/~stine.8/politics/list.tar.bz2

r Univ. of Maryland–College Park http://www.glue.umd.edu/~chsimps/diebold/lists.tgz

r Univ. of Chicago http://home.uchicago.edu/~mhwang/lists.tgz

r Univ. of Chicago http://home.uchicago.edu/~yitzhak/list.tar.bz2

r Univ. of Chicago http://people.cs.uchicago.edu/~ryochiji/

r Bentley College http://web.bentley.edu/students/h/heap_aust/lists.tgz

r Penn State University http://www.personal.psu.edu/~mjo168/lists.tgz

r Penn State University http://www.personal.psu.edu/users/b/j/bje128/diebold.html

r Princeton University http://www.princeton.edu/~kleinman/diebold.html

r Princeton University http://www.princeton.edu/~bcattle/diebold.html

r Princeton University http://www.princeton.edu/~cpence/diebold-lists.tgz

r Michigan State University http://www.msu.edu/~justmanj/lists.tgz

r Iow a State University http://www2.iastate.edu/~daoist/diebold-lists.tgz

r University of Washington–Tacoma http://faculty.washington.edu/dmclane/lists.tgz

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r Kent State University http://www.personal.kent.edu/~sfidel/lists.tgz

r Kent State University http://www.personal.kent.edu/~bmcconah/lists.tgz

r Rose-Hulman Institute of Technology http://www.rose-hulman.edu/~gordonmw/lists.tgz




Why War? Features

r Yale University http://yale128036068211.student.yale.edu/~andrew/diebold/lists.tgz

r Bronx High School of Science http://www.bxscience.edu/~dauriaa/lists.tgz

r Dartmouth College http://www.cs.dartmouth.edu/~apd/lists.tgz

r Georgetown University http://saxa.georgetown.edu/lists.tgz

r Illinoi s Mathematics and Science Academy http://alumni.imsa.edu/~hangman/lists.tgz

r Lafayette College http://www.cs.lafayette.edu/~ahmedf/archive/lists.tgz

r Univ. of Illinois–Urbana-Champaign http://www.cen.uiuc.edu/~badr/lists.tgz

r Univ. of Virginia http://www.people.virginia.edu/~ajs6f/lists.tgz

r Univ. of Wisconsin–Milwaukee http://www.uwm.edu/~cmerkel/lists.tgz

r Univ. of Wisconsin–Milwaukee http://www.uwm.edu/~puissan2/

r Georgia Southern University http://www.georgiasouthern.edu/~jtwyford/list/list.tar.bz2

r Middle Tennessee State University http://www.mtsu.edu/~cow2a/lists.tgz

r Ohio State University http://www.cis.ohio-state.edu/~wangje/lists.tgz

r Stanford University http://www.stanford.edu/~drumz/lists.tgz

r Stanford University http://www.stanford.edu/~ssavage/lists.tgz

r Stanford University http://www.stanford.edu/~fire/lists.tar.tar

r Stevens I nstitute of Technology http://attila.stevens-tech.edu/~pgengler/lists.tar.bz2

r Rensselaer Polytechnic Institute http://www.cs.rpi.edu/~paulj/lists.tgz

Please e-mail [email protected] you are willing to publicly mirror the files (either the

archive or the full text); contact [email protected] to report broken links. We are especially

interested in hearing from individuals at other educational institutions. Please note that due to

overwhelming volume, we will attempt to keep the links up to date but may not respond to

specific e-mails of this type. Members of the press can contact [email protected]

Campaign Update

Day Thirteen , Nov. 2: Stephen Ansolabahere, a voting analyst at MIT, is quoted in an

Associated Press story as saying:

The computer science community has pretty much rallied against electronic voting. A

disproportionate number of computer scientists who have weighed in on this issue are

opposed to it.

This is certainly borne out by this campaign — we now have 50 schools involved, including recent

additions from Stanford, Grinnell, Princeton, Georgetown, Chicago, Rensselaer and two high

schools. The mirrors are staying well ahead of Diebold’s takedown requests.

Why War? will soon be moving this information to a new website in order to allow the electronic

civil disobedience campaign to prosper under its own momentum, and in acknowledgement of

the vast number of students beyond our own group now engaged in this activity. Check back here

for more information in the near future.



mailto:web%40why-war%2Ecom

mailto:media%40why-war%2Ecom

http://www.why-war.com/news/2003/10/30/groupsqu.html

http://www.why-war.com/news/2003/10/30/groupsqu.html


mailto:web%40why-war%2Ecom




Why War? Features

Day Nine, Oct. 29: The following is a statement by Why War? member Micah White, a senior

in philosophy and a minor in interpretation theory at Swarthmore College in Swarthmore, Pa.:

Diebold can’t win! Each takedown request is simply met with more mirrors. We are

willing and able to continue this campaign until the 2004 presidential elections. We will

not allow Diebold’s faulty voting machines to replace democracy.

Why War? has now received a second takedown request (first letter, second letter).

Diebold’s use of the DMCA is absurd and their actions are irrelevant. Nearly 100,000

people have now read this website. We estimate that at least 30,000 people have

downloaded the entire collection of 13,000 memos directly from just three of the

mirrors above. The memos are on peer-to-peer file trading systems. They are in

Freenet.

Diebold is, by its corporate nature, providing proof for the suspicions of millions of

people world wide who are now beginning to hear about this controversy. Diebold, we

will not stop until there is an open examination of your misdeeds. (Will they put that

line in their next takedown request?)

What will Diebold do when they cannot stop the movement from posting their memos?

How will they retailiate?

The response thus far has been amazing. If Why War? doesn’t respond immediately to

your e-mail we apologize, but we do need your mirrors. Directions are available.

Day Eight, Oct. 28: Amherst and MIT have received takedown requests (copy of MIT

takedown request). New mirrors are now up at UNC, Duke, Berkeley, NCSU and U Penn.

Diebold has publicly admitted that leaked memos do not meet DMCA standards for copyright

infringement. In the Associated Press article, a Diebold representative declares:

... the fact that the company sent the cease-and-desist letters does not mean the

documents are authentic — or give credence to advocates who claim lax Diebold

security could allow hackers to rig machines.

"We're cautioning anyone from drawing wrong or incomplete conclusions about any of

those documents or files purporting to be authentic," Jacobsen said.

Ernest Miller explains that the DMCA requires that documents be authentic; if the documents


http://www.why-war.com/features/ww-cease1.doc




http://www.sims.berkeley.edu/~ping/diebold/

http://www.why-war.com/features/mit-cease.doc


http://www.why-war.com/news/2003/10/27/dieboldt.html

http://importance.typepad.com/the_importance_of/2003/10/diebold_filing_.html

http://importance.typepad.com/the_importance_of/2003/10/diebold_filing_.html




http://www.sims.berkeley.edu/~ping/diebold/







Why War? Features

aren’t authentic, it isn’t copyright infringement. Our position is that even if the memos are

authentic (which we believe they are, or Diebold would be pursuing a libel campaign), they are

not copyright infringment as they are covered under DMCA fair use guidelines.

Since some of you have been asking, yes, Swarthmore College is still enforcing its policy of

cutting off network access to students who link to information about the memos (or the memos

themselves). There have been many discussions of this absurd policy — see, for instance,

LawMeme’s analysis — and we appreciate the letters that are being sent to Dean Gross and The

Phoenix (e.g. Seth Finkelstein’s). We hope that by expanding to other colleges and universities we

can broaden the campaign while minimizing the impact of our own institution’s refusal to take a

stand. (If other educational institutions encounter such policies, this script may be of help.)

Day Seven , Oct. 27: The movement is winning. The story is spreading ( Associated Press).

Diebold’s actions are being thrust into the light. How long can they pursue the sepression of

evidence that links them directly to election fraud? Every lawsuit is simply another admission of

guilt. Thus, we are pleased to announce that students at Indiana University, Harvard, and

Berkeley have now joined this campaign against Diebold.

Today Andrea Foster authored an excellent article about this battle in the Chronicle for Higher

Education. She writes:

[A spokesperson] said Diebold will continue to send copyright-infringement notices to

Internet service providers that host the company documents, including the four other

institutions — the Massachusetts Institute of Technology, Purdue University, the

University of Southern California, and the University of Texas–Pan American. The

materials were first obtained by Bev Harris, who is writing a book about modern-day

ballot-tampering. According to published accounts, she found the materials on an

unprotected Web site while doing a Google search.

Why War? asks that the movement call their bluff. Together, we can create a permanent, public,

and easily accessible location for these memos. Those unable to mirror should use their talents in

other ways. We need people to be deep-reading these memos and sharing exerpts. Others need to

be calling their election officials and demanding that they address your concerns (one request

could be this bill). And, of course, others need to be sharing with us all how to short sell Diebold’s

stock so that when its price decreases the movement will prosper. Investors, now is your chance

to join the struggle.


http://research.yale.edu/lawmeme/modules.php?name=News&file=article&sid=1262

http://sethf.com/infothought/blog/archives/000453.html

http://www.georgetown.edu/users/mrk6/disobey/index.html


mailto:andrea%2Efoster%40chronicle%2Ecom

http://www.why-war.com/news/2003/10/27/swarthmo.html

http://action.eff.org/action/index.asp?step=2&item=2754

http://holt.house.gov/issues2.cfm?id=5996

http://www.karmabanque.com/modules.php?op=modload&name=KarmaBoycott&file=boycott&id=113




http://holt.house.gov/issues2.cfm?id=5996

http://action.eff.org/action/index.asp?step=2&item=2754


mailto:andrea%2Efoster%40chronicle%2Ecom


http://www.georgetown.edu/users/mrk6/disobey/index.html

http://sethf.com/infothought/blog/archives/000453.html

http://research.yale.edu/lawmeme/modules.php?name=News&file=article&sid=1262



Why War? Features

Day Six, Oct. 26: Three additional schools have been added to the list. There are now eleven

.edu mirrors.

Day Five, Oct. 25: Students from four more universities, along with a second mirror at MIT,

have joined the campaign.

Day Four , Oct. 24: Students from four American universities have joined the civil

disobedience: MIT, USC, Purdue and the University of Texas–Pan American. Check out Black

Box Voting for a startling expose on Diebold’s connection to the debacle in Florida. This is from

the individual who broke the whole story about Diebold.

A visitor wrote an e-mail of support and noted:

While doing some research about electronic voting and the Diebold machines in

particular, I came across this story alleging widespread vote skimming by Diebold

systems in the recent California Recall election.

I think these allegations merit wider distribution and further investigation. It is

important to note that these allegations include Diebold optical scan results, allowing

for the possibility of a manual recount to substantiate or refute the claims made.

More information is available here.

Day Thr ee, Oct. 23: Just as the civil disobedience campaign is starting to break into the

mainstream press, Swarthmore College has decided to further their suppression of the Diebold

memos. College policy is now that any links to why-war.com with the intention of providing

information about Diebold will result in termination of that student’s Internet connection.

Therefore, it is now a punishable offense for any Swarthmore student to link to the page you are

now reading! Because of the wide support that this issue is receiving from the students, faculty,

and staff of Swarthmore — including many e-mails of support and a positive editorial in the

campus newspaper — we are confused by Swarthmore’s refusal to take a pro-democracy stance

on this issue. Swarthmore’s latest repression turns this act of civil disobedience into one

protecting both fair elections and free speech — the ability to link to websites.

We encourage you to send letters voicing your opinions directly to Swarthmore’s student

newspaper, The Phoenix ([email protected]). You may want to reference some of

the excerpts we’ve selected from the college’s literature (see below ).

The good news is that the civil disobedience continues and we are receiving massive amounts of


http://www.blackboxvoting.org/


http://www.opednews.com/miller1003_CA_Voting.htm

http://whitestarwebsitedesign.com/bbvreport/modules.php?name=Forums&file=viewtopic&p=338

http://www.swarthmore.edu/


mailto:phoenix_letters%40swarthmore%2Eedu



http://www.swarthmore.edu/

http://whitestarwebsitedesign.com/bbvreport/modules.php?name=Forums&file=viewtopic&p=338

http://www.opednews.com/miller1003_CA_Voting.htm





Why War? Features

support from both the press and the Internet-at-large. This is in addition to reports that have

already appeared in Slashdot, Wired News, Philadelphia Daily News, Infoshop, The Inquirer

and elsewhere.

We thought it might be informative to reference Swarthmore’s own stated mission. The following

are quotes from their “Mission Statement”:

Foremost among these principles is the individual’s responsibility for seeking and

applying truth and for testing whatever truth one believes one has found.

A college draws strength from tradition and energy from the necessity of change. Its

purposes and policies must respond to new conditions and new demands. By being

open to change, Swarthmore tries to provide for its students, by means appropriate to

the times, the standard of excellence it has sought to maintain from its founding.

The purpose of Swarthmore College is to make its students more valuable human

beings and more useful members of society.

The following quotes are from the admissions website:

The purpose of Swarthmore’s liberal arts curriculum is to help students fulfill their

responsibilities as citizens and grow into cultured and versatile individuals.

Swarthmore is about making a difference in the world. There’s a real emphasis on

making things better—not just identifying problems or theorizing about solutions, but

actually rolling up your sleeves and improving some corner of your community.

Day Two , Oct. 22: Today Why War? and the Swarthmore Coalition for the Digital Commons

held a public meeting with Dean Bob Gross of Swarthmore College. Overnight, word had spread

of this action and Gross had received over 250 emails of support from individuals throughout the

world including “tech celebrities” and Swarthmore alumni.

We touched a nerve

why-war.com

Demonstrating massive concern about fair elections, over 42,000 people visited Why War? to read

Diebold’s memos.


http://yro.slashdot.org/article.pl?sid=03/10/22/0142252

http://www.why-war.com/news/2003/10/21/students.html


http://www.infoshop.org/inews/stories.php?story=03/10/21/8858967

http://www.theinquirer.net/?article=12261

http://www.swarthmore.edu/admissions/index.html

http://scdc.sccs.swarthmore.edu/


http://www.swarthmore.edu/admissions/index.html

http://www.theinquirer.net/?article=12261

http://www.infoshop.org/inews/stories.php?story=03/10/21/8858967


http://www.why-war.com/news/2003/10/21/students.html

http://yro.slashdot.org/article.pl?sid=03/10/22/0142252



Why War? Features

Swarthmore College, unfortunately, is not willing to take a strong stand against Diebold, and is

systematically disabling the network access of any student who hosts the files. “We can’t get out

in front in this fight against Diebold,” Gross said during the meeting with over fifty students,

staff, and faculty. Gross, apparently, did not see that by taking an active stance against Why

War’s actions Swarthmore was aiding Diebold’s suppression.

Although Why War? acknowledges Swarthmore’s position, we will continue to explain the

importance of this issue to the administration. We had hoped that an institution once praised for

allegiance to the pursuit of truth would have taken a more forceful stance in defense of

information. Under the Digital Millennium Copyright Act, the college would be under no liability

after informing a student that s/he should not be hosting the file. Yet Swarthmore is choosing to

act counter to the spirit of both its traditions and rules, the latter of which requires that students

be given three days to take down work challenged as an infringement of copyright. There is no

provision under either the DMCA or Swarthmore’s own rules to allow for shutting down a

student’s network access when no challenge has been made against that specific student. Why

War? is deeply distressed by Swarthmore’s inability, or unwillingness, to understand that the

magnitude of this situation: a fair presidential election!

After consultation with SCDC, the two groups have decided to work independently of each other.

SCDC will now issue statements on their website. Why War? will continue to provide access to

the memos by listing mirrors provided by individuals worldwide.

If you would like to join this campaign of electronic civil disobedience by hosting the memos

please e-mail [email protected]. For those unable to host the documents, we encourage you

to send letters expressing your disappointment about Swarthmore’s lack of principle directly to

the college newspaper, at [email protected](and please cc your letters to us).

Representatives of the media should contact [email protected].

Why War? believes that what we are doing is legal; though we see it as an issue of electronic civil

disobedience we believe it is Diebold which is abusing copyright law in an attempt to shut down

free speech and the democratic process. The four criteria of “fair use” copyright law are the

purpose of the use, the nature of the copyrighted work, the substantiality of the portion used and

the effect of the use upon the potential market of the copyrighted work. We believe the

publication of these documents is integral to the function of the democratic process. The

memoranda themselves are not marketable products, and in this case we believe the nature of the

work, which threatens elections occurring in 37 states, outweighs the need to selectively excerpt












Why War? Features

portions of the documents. If there is anything the American people have a right to know, it is

how their votes are being counted.

Read our earlier press release.

Excerpts from the Diebold Documents

“Elections are not rocket science. Why is it so hard to get things right! I have never been at any

other company that has been so miss [sic] managed.” [source:

http://chroot.net/s/lists/announce.w3archive/200110/msg00002.html ]

In response to a question about a presentation in El Paso County, Colorado: “For a

demonstration I suggest you fake it. Progam them both so they look the same, and then just do

the upload fro [sic] the AV. That is what we did in the last AT/AV demo.” [source:

http://chroot.net/s/lists/support.w3archive/199903/msg00098.html ]

“I have become increasingly concerned about the apparent lack of concern over the practice of

writing contracts to provide products and services which do not exist and then attempting to

build these items on an unreasonable timetable with no written plan, little to no time for testing,

and minimal resources. It also seems to be an accepted practice to exaggerate our progress and

functionality to our customers and ourselves then make excuses at delivery time when these

products and services do not meet expectations.” [source:

http://chroot.net/s/lists/announce.w3archive/200110/msg00001.html ]

dieboldes.com

Diebold voting machines are used in 37 states and provide zero security against election fraud.

“I feel that over the next year, if the current management team stays in place, the Global [Election

Management System] working environment will continue to be a chaotic mess. Global

management has and will be doing the best to keep their jobs at the expense of employees.

Unrealistic goals will be placed on current employees, they will fail to achieve them. If Diebold

wants to keep things the same for the time being, this will only compound an already


http://www.why-war.com/features/diebold_pr.txt

http://www.why-war.com/features/diebold_pr.txt



Why War? Features

dysfunctional company. Due to the lack of leadership, vision, and self-preserving nature of the

current management, the future growth of this company will continue to stagnate until change

comes.” [source: http://chroot.net/s/lists/announce.w3archive/200112/msg00007.html ]

“[T]he bugzilla historic data recovery process is complete. Some bugs were irrecoverably lost and

they will have to be re-found and re-submitted, but overall the loss was relatively minor.”

[source: http://chroot.net/s/lists/support.w3archive/200207/msg00090.html ]

“28 of 114 or about 1 in 4 precincts called in this AM with either memory card issues "please re-

insert", units that wouldn't take ballots - even after recycling power, or units that needed to be

recycled. We reburned 7 memory cards, 4 of which we didn't need to, but they were far enough

away that we didn't know what we'd find when we got there (bad rover communication).”

[source: http://chroot.net/s/lists/support.w3archive/200003/msg00034.html ]

“If voting could really change things, it would be illegal.” [source:


“I need some answers! Our department is being audited by the County. I have been waiting for

someone to give me an explanation as to why Precinct 216 gave Al Gore a minus 16022 when it

was uploaded. Will someone please explain this so that I have the information to give the auditor

instead of standing here "looking dumb".” [source:


“[...] while reading some of Paranoid Bev’s scribbling.” [source:


“Johnson County, KS will be doing Central Count for their mail in ballots. They will also be

processing these ballots in advance of the closing of polls on election day. They would like to log

into the Audit Log an entry for Previewing any Election Total Reports. They need this, to prove to

the media, as well as, any candidates & lawyers, that they did not view or print any Election

Results before the Polls closed. However, if there is a way that we can disable the reporting

functionality, that would be even better.” [source:

http://chroot.net/s/lists/rcr.w3archive/200202/msg00051.html ] (emphasis added)

“4K Smart cards which had never been previously programmed are being recognized by the Card

Manager as manager cards. When a virgin card from CardLogix is inserted into a Spyrus (have

tried CM-0-2-9 and CM-1-1-1) the prompt "Upgrade Mgr Card?" is displayed. Pressing the




Why War? Features

ENTER ey creates a va manager car . T s appens n A m n mo e an E ect on mo e.”

[source: http://chroot.net/s/lists/bugtrack.w3archive/200201/msg00025.html ]

Read the latest electronic civil disobedience campaign update.