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Diebold's Election Data Off-limits

Posted by Zonk on Tue Jan 24, 2006 04:37 PM
from the who-needs-checks-and-balances dept.
tommcb writes "The State of Alaska Division of Elections has denied a request by the Alaska Democratic Party for the raw file format used to tabulate voting results by citing that the data is in a proprietary format that is owned by Diebold. The ADP says 'The official vote results from the last general election are riddled with discrepancies and impossible for the public to make sense of'. The article contains some good quotes from Jim March of Black Box Voting: 'Copies of these kinds of files have been sitting on the Internet for over two years, with Diebold's knowledge.'"
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[+] Maryland Votes To Ban Diebold Voting Machines 240 comments
vandon writes "Computerworld.com reports: 'The state Maryland House of Delegates this week voted 137-0 to approve a bill prohibiting election officials from using AccuVote-TSx touch-screen systems in 2006 primary and general elections. The legislation calls for the state to lease paper-based optical-scan systems for this year's votes. State Delegate Anne Healey estimated the leasing cost at $12.5 million to $16 million for the two elections.'"
[+] News: Diebold Threatens Wary Voting Clerk 632 comments
An anonymous reader writes "From the Salt Lake Tribune: a wary county clerk called in BlackBoxVoting.org to test the integrity of Diebold voting fraud machines, part of a recent $27 million statewide purchase (to make sure that only the "Right" candidates win). Diebold goon says machines are now jinxed and it may cost up to $40,000 to fly in a company witch-doctor to make sure there were no warranty violations. Since EVERY SINGLE VOTER who uses these machines is a potential hacker looking to alter election results, why is Diebold so concerned? "
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  • About a 3 table schema in MS Access?!?!?!? It's not like competitors would *bother* to duplicate it...
    • by Nurseman (161297) <nurseman&gmail,com> on Tuesday January 24 2006, @04:45PM (#14551329) Homepage Journal
      There has been so much chicken little, sky is falling hysteria about voting I think the public has become immune. Before you mod me troll, I think this is a scary thing. How anyone can say voting records are propriety data is just beyond comprehension to me. Electronic voting is scary, in all its forms. Unless it is open, I don't know how we can trust the result of ANY election. 2008 is looking more and more like 1984.
          • Re:big numbers? (Score:5, Insightful)

            by utexaspunk (527541) on Tuesday January 24 2006, @05:49PM (#14551953)
            If we're willing to trust air-traffic control and nuclear ballistic missile command-and-control to computers, I'm not quite sure why voting is such an intrinsically scary proposition.

            But we're not, and we don't- both of those systems have manual overrides and people in the loop in case the computers fail. Your electronic voting machine fails and you have nothing to prove it, and no backup of the data even if you know it did. The appropriate question is: We don't trust our air-traffic control or nuclear ballistic missile command-and-control computers enough to leave no room for failure, why should we trust our voting machines any more?
          • Re:big numbers? (Score:5, Insightful)

            by Psmylie (169236) * on Tuesday January 24 2006, @05:51PM (#14551974) Homepage
            It's not the computers themselves I mistrust, it's those that operate them without public oversight.

            The people who program and operate the air-traffic control computers and the missile command computers have a vested interest in avoiding collisions/missile launches. Besides the fact that most people would feel horrible about the innocent lives lost through an error, if a nuke or an airplane suddenly landed in someone's backyard, it would be pretty hard to cover up. People may ask awkward questions.

            Electoral votes however... well, if you own the data collection process and the database itself, who would ever know if you skew the results? And, after all, it's not as if anyone actually gets hurt or anything.
          • Re:big numbers? (Score:5, Insightful)

            by SatanicPuppy (611928) <Satanicpuppy@@@gmail...com> on Tuesday January 24 2006, @06:30PM (#14552407) Journal
            I will tell you FLAT OUT that the government would shoot the first CEO to tell them that they couldn't show the "Launch Nuclear Ballistic Missile" code because it was proprietary.

            End of story. Code that is that/this important to our government should NEVER be held by a private individual.
  • by Skyshadow (508) * on Tuesday January 24 2006, @04:41PM (#14551285) Homepage
    Obviously, computerized voting is a stupid, stupid idea. Whenever this sort of issue comes up, I find it breaks down into two camps: People who know shit about computers and people who don't. Electronic voting scares the first group, while the second group looks at it blankly and says shit like "Well, that's good 'cause computers don't make mistakes, right?"

    Aside from that, blame is also richly deserved on the part of the State and Local morons who wrote their contracts with Diebold and other computer voting firms in such a way that they let them restrict access to this sort of vital information, as if verifying the results of an open election somehow isn't really all that important.

    Gimme the connect-the-line ballots any day. At the very least, they'd be harder for the morons who deal with this sort of thing to fuck up.

    • by Edmund Blackadder (559735) on Tuesday January 24 2006, @04:51PM (#14551398)
      "Aside from that, blame is also richly deserved on the part of the State and Local morons who wrote their contracts with Diebold and other computer voting firms in such a way that they let them restrict access to this sort of vital information,"

      I do not buy the story that the Government is powerless here. The local and state governments can easily obtain these records if they want to. The contracts do not matter much. First of all contracts that obscure voting results can be easily invalidated as against public policy. Secondly even if the contracts were valid, the government can easily break the contracts if they want to. They will be liable for damamges, but since Diebold would not sustain any losses from breaking of the contracts the damages would be only nominal.

      So that is all bullshit. The Alaska officials who refuse to reveal the results do so out of their own motives and not because of some silly contracts.

      One can easily figure out what these motives are.
    • Obviously, computerized voting is a stupid, stupid idea.

      That's not obvious at all. Greater accessibility for the handicapped, more legible interfaces for long complicated ballots, the early detection and correction of "misvotes" and unintentional "undervotes", and the elimination of "hanging chads", stray marks and half-filled scan bubbles, etc. all make computerized voting a great idea.

      What's a bad idea is storing the votes in computer memory. Computers have only one good mechanism for storing ballots in a failure-resistant, tamper-resistant fashion, and that's printer ink on paper. Touchscreen voting machines need to finish up your vote by printing it out on a paper ballot, prompting you to confirm or (with the help of a poll worker) destroy that paper, and finally directing you to the ballot box where the paper should be inserted to become part of the official count. If that was how electronic voting worked, I think even the computer-literate population would be thrilled.
      • by Quadraginta (902985) on Tuesday January 24 2006, @05:47PM (#14551931)
        Computers have only one good mechanism for storing ballots in a failure-resistant, tamper-resistant fashion, and that's printer ink on paper.

        I don't think this is correct. There's nothing inherently tamper-resistant about paper. That's why check-forging is a problem, and even counterfeiting. That's why ballot fraud was widespread in the 19th century and still is in less-developed countries that use paper ballots.

        I don't think the exact medium of storage is at all the issue. I don't think it matters whether you store the votes on paper, in NVRAM, on a disk drive, or as stacks of pebbles in labeled buckets. What is important, I suggest, is being able to guarantee the chain of custody from the original voter. It's like preserving evidence in a trial: you've got to be able to prove to anyone that the vote you cite as part of a winning candidate's tally can be rigorously traced back to the hand of someone who meant to cast that vote, even if you can't (or won't) name the voter. In other words, you need a completely reliable audit trail.

        I agree this is something that commodity and consumer computing hasn't thought twice about, and using commodity and consumer computing technology would be a little alarming. But I would suspect that perhaps in certain niche computing markets there has been good attention paid to forging ironclad audit trails. Maybe in the military? Keeping track of nuclear weapon activation codes?

    • by l8f57 (652468) on Tuesday January 24 2006, @05:37PM (#14551845)
      In Canada we had an election last night.

      Granted, our electoral system is a simplier than the US style, but our works like this:

      1. A post-card like thing is mailed to my address, informing me where & when to vote (usually a nearby school, church or library).
      2. On the appointed date, I go to the local polling office, with my card, and photo ID.
      3. Once they check my name off, they give me a piece of paper. I walk to a table with a card-board shroud (for privacy). I use a pencil to mark the name of the person that I am voting for.
      4. I show them the outside (unmarked) of the paper, and they verify that it is the same one they gave me.
      5. I jam the paper into a cardboard box on the table.
      6. I go home, and watch TV while eating beer and Popcorn.
      7. At 10:00PM we knew who our new Prime Minister is.
      8. I wake up the next morning, and go to work, ready to be screwed by a whole new govt party.

      l8f57

  • Who owns the data? (Score:5, Insightful)

    by Councilor Hart (673770) on Tuesday January 24 2006, @04:44PM (#14551315)
    Who cares what format was used or that it is proprietary. If it's your data, you can do whatever you want with it, regardless of the format.
    And since this is about elections, I would say the public owns the data. So hand it over.
  • by MikeRT (947531) on Tuesday January 24 2006, @04:44PM (#14551319) Homepage
    Why yes, it is your original creation and you have a full right to protect it, but oh wait... you have to respect the rights of the person who wrote the format you are now using to store your work in.

    This is why I as a libertarian despise the arguments in favor of strong IP law. They are trying to make ideas behave like physical property, and in doing so they create a society where no one has absolute ownership over their own work that they made with their own money. As I said, yes it is your creative work/data, but you cannot fully excercise that ownership because your property rights are trumped by another party's patent rights.

    That sounds like sharecropping, not property rights to me. You might as well say that by buying a framed picture you implicitly signed an agreement to not using a competing frame-maker's product to store your pictures. Oh wait, that basically is the argument of the defenders of strong IP law. You didn't see the contract, it wasn't even mentioned, but by God you implicitly signed some ephemeral social contract allegedly brokered 200 years ago by our forefathers in some secret masonic temple lacking euclidian geometry hidden away from common knowledge. But this implicit contract, really is there... we swear.
  • Diebold nonsense (Score:5, Interesting)

    by belmolis (702863) <billposer@@@alum...mit...edu> on Tuesday January 24 2006, @04:46PM (#14551349) Homepage

    The format isn't patented, I don't think, and isn't copyrightable, so the only legal protection it might have is trade secret. However, since the format is already out in the open, due both to revelation in other states and from the Diebold files posted on the net, it is no longer a trade secret and there is nothing that Diebold can complain about.

    Furthermore, I don't see that anything actually prevents the State of Alaska from revealing the file format even if it is a trade secret. What can Diebold do about it? The State probably has sovereign immunity, and in any case, the secret is probably worth nothing so even if Diebold sued successfully they wouldn't get any damages to speak of.

    Meanwhile here in Canada yet another election has been conducted without any problem using simple paper ballots. Just five lines with the names and parties of the candidates and a circle in which to draw an X. No need for voting machines, no possibility of confusion, minimal opportunity for fraud.

    • by pestie (141370) on Tuesday January 24 2006, @05:46PM (#14551923) Homepage
      Meanwhile here in Canada yet another election has been conducted without any problem using simple paper ballots.

      Well, assuming you can consider a win by the Conservatives as being "without any problem."
  • voting rights? (Score:5, Insightful)

    by phoenix42 (263805) on Tuesday January 24 2006, @04:48PM (#14551365)
    Regardless of your political leanings, this seems like a pretty shady way of avoiding giving the public its voting records. It seems to me that we should not be allowing proprietary formats to be used in the voting process. When the rights of intellectual property and the rights of corporations usurp the rights of citizens to examine the voting record, I think that we enter dangerous territory and should ask some some serious questions about the way elections are held in our country. I'm all for using technology to make voting easier, but if it comes at the expense of accurate elections, I'd rather go back to paper and pen.
  • If that data had porno website searches in it, you'd have the White House asking for it.
    • by Dr. Spork (142693) on Tuesday January 24 2006, @05:22PM (#14551693)
      This comment made me chuckle and then it made me think. In a constitutional democracy, it really is amazingly hypocritical for a governing administration to compel disclosure of data about private individuals in private homes who look at porn, while at the same saying that Diebold has the right to withhold data it gathered while administering an election, on the basis that a portion of that data is proprietary.

      So someone's searching Google for pictures of boobs is the government's business after all?

      And what data Diebold-made, state-purchased machines collected during a public election - that's nobody's business but Diebold's? Wow!

      (I know the parent expressed the very same thought more elegantly, tersely and humorously, but I just had to vent a little. Sorry.)

  • by Mantrid (250133) on Tuesday January 24 2006, @04:53PM (#14551413) Journal
    I don't think voting is the sort of thing that should be automated; it's hard enough to make sure things are above board without blackboxing things.

    We just voted yesterday in Canada - made an X in the appropriate box. Kind of hard to mess that up I've always thought. And even if it was an OSS voting machine, the general public and in fact most people would get nothing from that, not having the first clue of what the code meant.

    I know the US is 10x the size, but you also presumably have 10x the people counting. And in any case, for one event every 4 years it seems reasonable. Heck we do it every 1.5 years it seems :)

    This would help both Dem's and the Republicans - it'd be much easier to see who won so if the Dems should've won obviously this information would be useful. If the results were correct it would help the Republicans as this whole "illegimate president" thing could finally be done away with.

    I know it's popular to bitch about the US elections and mock the US, but personally I'm impressed. The courts decided where appropriate, jurisdictions seemed to be respected, and rules followed etc. There was an orderly hand over of power. Do you think things would've gone as well in every country where the election was balanced on the finest of margins?

    Plain old paper ballots would have made the whole affair as open as possible.
      • by belmolis (702863) <billposer@@@alum...mit...edu> on Tuesday January 24 2006, @05:24PM (#14551715) Homepage

        Vote counting is massively parallelizable. It doesn't take very long for somebody to tally the votes from a couple hundred ballots. The federal election in here in Canada was yesterday, with the polls closing at 19:00. Turnout was about 65%. The results were in before midnight.

        With a little effort I bet Americans could manage this too.

  • Open Government (Score:5, Insightful)

    by PMuse (320639) on Tuesday January 24 2006, @04:54PM (#14551419)
    The notion that any part of the law or the process of government can be owned is abominable.

    From proprietary building codes to election mechanisms, we must demand that our system of government belongs to all of us, without restriction.
  • by Anonymous Coward on Tuesday January 24 2006, @04:58PM (#14551458)
    "The issue is that the (Democratic Party) is asking for a file format the state of Alaska uses but does not own."

    I couldn't be more pleased with this.

    Diebold, by refusing to release the data, shows what a boondoggle it is to allow public information to be locked up in proprietary format.

    The State plays right into the Bush-Gore-2000 paranoia over ballot counting. They're not allowed to release the raw data, because of the mistake they made allowing a proprietary format to be used.

    A transformation of the data (be it a printout, ASCII dump, spreadsheet, or whatever) is not sufficient. Any transformation process is likely to use the same (proprietary) algorithm that was used to generate the official results, which could have hidden errors. It also makes me wonder what else is in the format, perhaps data that shouldn't be there.

    Yup, this is a positive development.

  • by Xyleene (874520) on Tuesday January 24 2006, @05:35PM (#14551811)

    I don't understand how this cannot be public knowledge in the States. I just checked Elections Canada [elections.ca] and the raw database information is available right on their site [elections.ca] to anyone that wants it.

    In Canada we only have to make one choice; the minister we would like to be elected to parlament in our riding. As I understand it, in the States you make a bunch of decisions on the same ballot. Many Canadians have posted that "Oh... The paper works just fine here.. Silly Americans". Obviously! we only have one x to mark and count... I can see where electronic ballots can be useful in the States although I don't see how they can be as transparent as paper ballots...

    However, in Canada the WHOLE election system is completely transparent and any citizen can access any information they wish through the public organization 'Elections Canada'. A similar public system should be in place in any democracy.

    On another topic I'll throw this out there.. Why not have paper ballots that can be read into computers. Wouldn't you have the best of both worlds? Both a paper record and electronic counting/

    /voted NDP.
    //envys the amount choices on American ballots..
    ///fails to envy the actual CHOICES on American ballots...

  • Beautiful! (Score:5, Insightful)

    by tji (74570) on Tuesday January 24 2006, @05:53PM (#14551990)
    This is great.. I hope Diebold takes a strong stand here, making it obvious to even the most non-technical person that closed voting system, and Diebold specifically, is a really bad idea.

    Openness has proven very useful for software development.

    History has also shown it to be very important for government.

    Combine those two together, and the importance is even more drastic. Openness and transparency in voting is essential.