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United States Government The Courts News Politics Your Rights Online

California AG Says He'll Sue Diebold 394

moby11 points to this Reuters story carried by Yahooo!; it begins "California Attorney General Bill Lockyer said on Tuesday he would sue electronic voting machine maker Diebold Inc. on charges it defrauded the state with false claims about its products."
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California AG Says He'll Sue Diebold

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  • A YRO topic?? (Score:3, Insightful)

    by bob beta ( 778094 ) on Tuesday September 07, 2004 @08:42PM (#10184511)
    I thought politics.slashdot.org was just set up for this non-online stuff.
  • Re:A YRO topic?? (Score:3, Insightful)

    by echeslack ( 618016 ) on Tuesday September 07, 2004 @08:45PM (#10184548) Homepage Journal
    I also think they placed it under the wrong topic, but I think this is just as much a general technology issue as it is about politics. I figure politics.slashdot.org is for actual politics. This is really about technology's role in politics, so it makes sense as general news on this sight. Not sure why it would be under yro though. But a lot of stuff gets put under IT that seems entirely unrelated to IT, so who knows.
  • by tonydiesel ( 658999 ) on Tuesday September 07, 2004 @08:46PM (#10184559)
    Good. With California (still) facing rather sizable budget deficits and having paid Diebold so much money to begin with, this seems like a good step. I'm worried about the 2004 election in our state, we don't have enough machines, volunteers or money to solve the problems. Since my taxes went toward paying for those machines in the first place, I'd be happy to see the state get some of my money back so it can put it towards the stuff it really needs.

    Too bad about the criminal case though, it may not be fair, but Diebold sure seem like a bunch of crooks to me!
  • by Performer Guy ( 69820 ) on Tuesday September 07, 2004 @08:48PM (#10184577)
    This is going to be entertaining. The developer memo that Diebold should "Charge them Out the Ying-Yang" [talkleft.com] for paper copies because it was a new feature will surely come back to haunt the company. Such a disgusting attempt to exploit the customer over product deficiencies will not sit well with a jury.

    I think the damages in this case may be "Out the Ying-Yang". That's a phrase that really grows on you when the shoe is on the other foot. Come on say it with me Diebold, "Out the Ying-Yang".
  • Re:From TFA... (Score:3, Insightful)

    by Anonymous Coward on Tuesday September 07, 2004 @08:48PM (#10184580)
    Maybe Diebold should cowboy the fuck up and accept its responsibility as an aid to the democratic process of the United States of America instead of diddling about as an aid to the Republican Party.
  • Re:From TFA... (Score:4, Insightful)

    by nharmon ( 97591 ) on Tuesday September 07, 2004 @08:48PM (#10184582)
    Well, since they didn't bother to test the machines, then the state shares in some of the blame.

    Mayber caveat emptor doesn't apply to the gov'ment?
  • Re:A YRO topic?? (Score:4, Insightful)

    by Lehk228 ( 705449 ) on Tuesday September 07, 2004 @08:49PM (#10184585) Journal
    Diebold eVoting machines and their various flaws are not really a political topic, rather a technical topic, now the conspiracy theories about handing the election to bush (regardless of merit) may be political, the machines and their (lack of) adoption and use is Tech related.
  • by Glowing Fish ( 155236 ) on Tuesday September 07, 2004 @08:49PM (#10184588) Homepage

    Like most big lawsuits, especially between the government and a big country, this will probably go through dozens of twists and turns, and motions and objections and requests for odd evidence, and it will probably end up out of court or perhaps just be dropped.


    However, since this is getting covered very widely, on Y! news, for example, it will at least people start asking questions about why people want electronic voting, and how secure it really is.

  • California (Score:2, Insightful)

    by panth0r ( 722550 ) <panth0r@gmail.com> on Tuesday September 07, 2004 @08:49PM (#10184589) Homepage
    That's right up their alley... Litigation with the complaint of "I'm too stupid."
  • more than that. (Score:5, Insightful)

    by www.sorehands.com ( 142825 ) on Tuesday September 07, 2004 @08:50PM (#10184596) Homepage
    It is not just the sale of the machine and things on the hype. Diebold also 'repaired' systems using unahthorized/unapproved/untested software and patches.
  • by ShatteredDream ( 636520 ) on Tuesday September 07, 2004 @08:55PM (#10184634) Homepage
    Electronic voting is a guaranteed way to have a dictatorship. Once a closed source machine is in charge of counting your votes, as long as the number matches the participants, who could challenge it, it's a machine. Say good bye to minor parties if this becomes mainstream.
  • Re:A YRO topic?? (Score:1, Insightful)

    by Anonymous Coward on Tuesday September 07, 2004 @08:55PM (#10184641)
    I thought politics.slashdot.org was just set up for this non-online stuff.

    You're right, the topic has nothing to do with nerd stuff and it obviously doesn't matter. The political sideshow of personal attacks on Shelley, an opponent of election fraud, isn't worth mentioning either. Until everyone can buy government on EBay it simply isn't online enough for consideration by anyone other than patriots.
  • by Brian_Warner ( 765805 ) on Tuesday September 07, 2004 @08:55PM (#10184642)
    I was wondering when the blamestorming was going to finally hit the Diebold fiasco. At what stage will people realise that with something as important as a voting machine, independently checking its secrity would be a good idea? Sure, Diebold is partially responsible, but so are the people that decided to pay for their flawed systems.
  • Price on Democracy (Score:5, Insightful)

    by weston ( 16146 ) <westonsd@@@canncentral...org> on Tuesday September 07, 2004 @08:58PM (#10184663) Homepage
    "Out the Yin-Yang" indeed. It's hard to put a price on playing fast and loose with American democracy.

    For as much as modern pundits seem to throw around the term "treason" these days, I'm surprised the term hasn't been applied to Diebold.
  • by Nick Driver ( 238034 ) on Tuesday September 07, 2004 @08:58PM (#10184666)
    What false claim was that?
    How about simply that the product was supposed to work correctly as it was claimed to do before the sale.

    All technology vendors need to be foreced to quit hiding behind some software EULA that allows them to escape being held liable when their stuff don't work right. If it takes charging them with fraud, then so be it.
  • by AuMatar ( 183847 ) on Tuesday September 07, 2004 @09:01PM (#10184696)
    Umm, what the fuck planet do you come from. Diebold claimed to have a product that fit the purposes of the state (a secure electronic voting system). They marketed the system as that. The system has been found NOT to be secure, and that they knew it wasn't secure. Claiming a produuct is fit for a purpse when you know it isn't is fraud. They shouldn't just be sued, there should be people in jail over this.

    As for not dragging a corporation through the courts because youy have a beef with their practices- thats THE FUCKING PURPOSE OF A COURT SYSTEM. If you think someone is breaking the law, you bring them to court and see if the judge agrees. You think when someone lies about there product and commits fraud, we shouldn't sue their asses for our money back? We sure as hell should.
  • Re:A YRO topic?? (Score:3, Insightful)

    by WindBourne ( 631190 ) on Tuesday September 07, 2004 @09:14PM (#10184797) Journal
    In fact, the CEO of Diebold promises to deliver GWB for president. After he goes to prison for doing so, the next CEO may be a democrat who will then do the same.
  • by WindBourne ( 631190 ) on Tuesday September 07, 2004 @09:17PM (#10184817) Journal
    changed to the "The Sue me State!"

    Not really. Just do not try to pull a scam. They will nail you. There were a number of real reasons why Enron was located in Texas and not all of them had to do with Oil.

  • by Theovon ( 109752 ) on Tuesday September 07, 2004 @09:19PM (#10184831)
    Sometimes, competition and rush to market is so intense that companies simply CANNOT do a proper job. The reason? No one is going to do a proper job. If you wait and do things right, then a competitor will get their half-ass product to market before you, and then you lose. No one is the wiser until way down the road. Now, since everyone is doing the hack-and-slash job, the winner is whoever managed to cover their mistakes better or who had fewer visible mistakes (or marketed better, etc.). By the time people figure out that the chosen product is shite, the companies that might have done a good job are either long gone or on to other things.

    Only after this first wave of a new kind of product do companies "learn from the mistakes of the past" (translation: we can do it right this time because customers finally expect to wait on a proper product).

    Capitalism is wonderful, but as with anything run by humans, it has its challenges.

    Diebold is the sacrificial lamb in this case. There's no way that history could have turned out any other way. If it hadn't been Diebold, it would have been someone else doing the same crap job and then getting sued by CA. They were the lucky ones who got to market first and the unlucky ones who got caught at doing what they and all of their competitors were doing. As usual, some other company will soon come along and produce a slightly better machine, etc.
  • by Cecil ( 37810 ) on Tuesday September 07, 2004 @09:20PM (#10184834) Homepage
    I could be wrong, but my finely-tuned USENET senses suggest that YHBT. YHL. HAND.
  • by cmowire ( 254489 ) on Tuesday September 07, 2004 @09:24PM (#10184868) Homepage
    Would you accept a pacemaker that was made by a "good company" that wasn't "necessarily adequately tested"?

    Is a voting machine any different than a pacemaker? If a pacemaker fails, you die. Consider that every election features some real whacko candidates. What if voting machines conspired to elect a whacko to presidental office? Do you really want to think how many people would be killed if we a madman in the Whitehouse?

    The problem is that Diebold assured the technically inept California voting folks that they were perfectly able to build a good system. And then lied. And have been knowingly breaking the law. And are trying to still profit from this by charging as much as possible for printers so that there is a verifiable paper record of the votes, to fix *their* decided security holes.

    I mean, really, do you *know* that they haven't been inserting loopholes? Of course not. There's a variety of ways that they can mess with the machines. We just don't know and, since each voter has neither the ability nor the knowlege to dissassemble their voting machine to ensure that it is properly recording votes, we *can't* know.
  • Not Approved? (Score:2, Insightful)

    by GSpot ( 134221 ) on Tuesday September 07, 2004 @09:37PM (#10184953) Homepage
    "Secretary of State Kevin Shelley has said Diebold deceived California with aggressive marketing that led to the installation of touch-screen voting systems that were not tested or approved nationally or in California."

    Not approved? WTF, why would any vendor, save a car mechanic, do anything without the customer's approval? Especially in the case of a multi-million dollar rollout of such a large product. I call bullshiat, I bet Diebold has many signed approvals by authorized members of the government of California. This is just the start of all the "election irregularies" finger pointing when Kerry takes it up the arse in November.
  • by Anonymous Coward on Tuesday September 07, 2004 @09:39PM (#10184964)
    Just because when they made the law they were reacting against an event doesn't make them reactionary [reference.com]. Reactionaries generally react against change. While you may dispute whether this was progress or not, it was at least an attempt to change\fix a problem.
  • Finally (Score:3, Insightful)

    by xombo ( 628858 ) on Tuesday September 07, 2004 @09:42PM (#10184988)
    It's finally good to see Diebold get its come-uppens. It's highly important to see this as the first step in realizing that commercial companies are incapable of securely managing our infrastructure (applies to voting and Diebold's ATMs) without the people's ability to scrutinize such products.
  • Re:A YRO topic?? (Score:3, Insightful)

    by Petronius ( 515525 ) on Tuesday September 07, 2004 @09:54PM (#10185092)
    Soon someone will be asking why it's not posted under crazyliberalconspiracytheories.slashdot.org . That's why it needs to be posted on the homepage.
  • Re:Right... (Score:3, Insightful)

    by kidgenius ( 704962 ) on Tuesday September 07, 2004 @09:59PM (#10185137)
    All software has security flaws!

    Yes, but when you are dealing with the government, and you have been given the task of designing something that is secure and does not have security flaws, then you either better:
    A) Damn well do it
    B) Don't even bother trying and tell them that
    Otherwise you have now said you are doing something, and you are not. That is fraud. Mandrake, Suse, Windows, et al, have never claimed that their products are secure. They are claiming that they are increasing security, but they have never said "We are secure"

  • Re:Right... (Score:3, Insightful)

    by AuMatar ( 183847 ) on Tuesday September 07, 2004 @10:02PM (#10185156)
    The difference- Diebold knew about specific flaws that compromised its key functionality. Mandrake, SUSE, etc fix the bugs when they are found, usually fairly quickly. Not to mention tyhere's the degree of insecurity found in Diebold. Its one thing to design yourself to be secure and have a flaw found. Its another to market as secure a product with as many laws as Diebold is.

    Windows XP is another kettle of fish, but I think they should be responsible for their flaws as well. Its not secure and its a well known fact that it isn't- Microsoft should be liable.
  • Re:Logical fallacy (Score:3, Insightful)

    by BCW2 ( 168187 ) on Tuesday September 07, 2004 @10:07PM (#10185192) Journal
    The well documented problems with Diebold have been known for over two years. Their system is badly flawed. To fix this requires a complete rewrite of the software and some hardware work. Diebold doesn't want to spend the money to fix the problem. Maybe this will force them to.

    How could anyone have bought a system with poor security and no accountabilty for voting?
  • Re:A YRO topic?? (Score:5, Insightful)

    by arkanes ( 521690 ) <arkanes@NoSPam.gmail.com> on Tuesday September 07, 2004 @10:15PM (#10185256) Homepage
    He did, in fact, say this, although it was in the context of a speech at a fundraiser dinner. I think it's inappropriate for the CEO of a company that makes voting machines to be so obviously partisan, and it certainly wasn't the wisest thing he could have said, but I don't read a massive conspiracy to defraud into it the way some people do.

    That said, while most of the problems with Diebold software can easily be explained by total incompetence and lack of regard for the importance of correct behavior (as opposed to the appearance of correct behavior), some thing are very hard to see as anything except a deliberate creation of a way to manipulate votes.

  • Problem was, at the time people were looking to pay for voting machines, there was not one mass produced machine with open source code.

    Not one.

    Do you even understand how government, especially local government, works?? You get the money once. It's a set sum, with an additional budget for maintenance and support. If you don't spend the money, it's gone. So you have to buy when you have it. You can't wait. You can't hope or wish. You have to pick a vendor and pay them and hope they do a good job, because the money won't be coming back if you wait too long.

    Diebold had machines. People bought them because Diebold made big promises and nobody else had a decent machine for a fair price. Meanwhile, Open Source lost yet another battle due to a complete lack of understanding of how things work. If an OSS solution had been ready when the evoting money came in, and that solution was cheaper and backed by a solid company with a reputation and support staff, it would have won.

    That didn't happen. Not because local government is stupid and doesn't understand open source, but because open source is nearsighted and reactionary and was not ready.
  • I've tried to explain the whole issue to my wife, while not computer-phobic and somewhat familar with issue in the computer industry (simply by living with me) she does think I am exaggerating the issues with machines like Diebold's. To further enhance the facts here, she has also been serving as the head election judge for my voting precinct, and is directly responsible for making sure the vote is counted fairly and accurately.

    To be more blunt here, I think I understand her issues more than she understands where I'm coming from.

    People are familiar with software upgrades, however, and if you tell them that you want to upgrade their comptuer just before they have a major report to turn in for work, or upgrade their operating system while they are uploading their favorite pictures to grandma, I think they would totally understand the issues without explainations even being necessary. Why a software upgrade is dangerous during the middle of an election would be of similar seriousness.

    Most people consider computers to be a "black box" (no pun intended to Black Box Voting) where all sorts of "magic" occur, and the current battles over the legitimacy of eVoting are merely duels between wizards and their apprentices. Since it doesn't affect them (really... even when you are talking about who they are voting for), they don't see what the big issues are that you are complaining about.

    I still say that the best way to push this all out into the open is to make sure that some obscure 3rd party candidate wins some relatively insignificant contest and breaking this down into something that the mainstream news media would be able to comprehend and complain about. Something like that might just kill eVoting altogether (which wouldn't be my goal with such a project).

    Specificly, I openly suggested that this be done with the election of student body officers at a major university (less likely to land you in jail, and you might even get the student government to agree to do this in advance). I wouldn't cry too much if Nader or even Ross Perot (yeah, I know he isn't running) won Wyoming for U.S. President, but I wouldn't want to get into jail doing that.

    Explaining the issues that way would be easier to explain to non-techies, that such an election could even happen, which cuts across most partisian viewpoints as well and explains why this is something that both political parties should be concerned about.
  • by m2bord ( 781676 ) on Tuesday September 07, 2004 @10:25PM (#10185339) Homepage Journal
    we will be able to be protected by whistleblowers.

    someone please correct me if i am wrong but...

    this suit and the carnage over it began some time back with diebold's documents being leaked onto the net and posted just about everywhere.

    the following articles will jar some memories...

    http://yro.slashdot.org/article.pl?sid=03/10/29/07 26256&tid=103&tid=137&tid=126&tid= 17 [slashdot.org]

    http://yro.slashdot.org/article.pl?sid=03/10/17/21 18218&tid=153&tid=103&tid=17 [slashdot.org]

    http://yro.slashdot.org/article.pl?sid=03/10/22/01 42252&tid=153&tid=172&tid=103&tid= 17 [slashdot.org]

    and there are many more on this topic, http://slashdot.org/search.pl?tid=103&query=diebol d&author=&sort=1&op=stories [slashdot.org]

    basically...the new features prposed in the upcoming versions of windows and ms-office, plus the pending legislation before congress would protect the company and will kill this kind of information from being leaked.

    once those leaks are sealed and only authorized eyes see these documents, you can bet that whistleblowing on nefarious activities will come to a halt.
  • by sholden ( 12227 ) on Tuesday September 07, 2004 @10:31PM (#10185384) Homepage
    people ... assume I'm exagerrating.

    See "The boy who cried wolf".

    See "The Y2K bug will destroy civilisation so you better stock up on cans of food and bottled water and shotgun ammunition, and a bunker in the middle of nowhere would be good too..."

    Of course you personally probably didn't do the wolf crying but the media did and people know nothing happened (and don't believe that the people working to fix problems might have had something to do with that).

    Also the "fear of computers" has been reduced by the wide acceptance of ATMs. After all if the banks trust them with huge amounts of money, why shouldn't I with voting]?[*]

    * Of course banks don't want to lose money and don't gain anything from ATM fraud. The makers of the machines could steal lots of money but the banks would notice... Whereas with voting the machine makers and the election runners (or a section of them) can be working together to rig the vote - a very different, and much harder to secure situation.

  • by mefus ( 34481 ) on Tuesday September 07, 2004 @10:40PM (#10185435) Journal
    Even if he's not up for re-election, it's the natural behavior of a politician.

    You don't think it has anything to do with the false claims made by diebold, or their failure to place certified machines in the voting districts?

    Or the wild insecurities in the system?
  • by georgewilliamherbert ( 211790 ) on Tuesday September 07, 2004 @10:43PM (#10185461)
    The problem is that Diebold assured the technically inept California voting folks that they were perfectly able to build a good system. And then lied. And have been knowingly breaking the law. And are trying to still profit from this by charging as much as possible for printers so that there is a verifiable paper record of the votes, to fix *their* decided security holes.
    I would agree except for the slam technically inept California voting folks.

    The California Secretary of State, and the local county Registrars of Voters, have been working to improve our voting systems quite dilligently.

    They aren't technically inept. They aren't e-voting security experts. Which isn't suprising... the lesson of the last couple of years seems to be that only a few independent experts are e-voting security experts, and that the companies doing it clearly aren't.

    That was only really clear even to techies about a year ago...

  • Re:Not Approved? (Score:3, Insightful)

    by Tony ( 765 ) on Tuesday September 07, 2004 @10:50PM (#10185527) Journal
    I call bullshiat, I bet Diebold has many signed approvals by authorized members of the government of California.

    I call bullshit too, but on Diebold. This isn't the start of it; this was reported and investigated months ago. Diebold *did* install untested software on many of their voting machines. They had a specific list of build numbers that were authorized. They ignored this list.

    This is well-known, and well-documented. Diebold tried to pull a fast one, fucked up the engine of democracy, and tried to weasel out of it.

    Companies do this. It's easier to make money by sometimes not following the rules than it is by following the rules all the time.

    This is just the start of all the "election irregularies" finger pointing when Kerry takes it up the arse in November.

    If Bush wins, we *all* "take it up the arse."
  • by paulydavis ( 91113 ) on Tuesday September 07, 2004 @11:17PM (#10185723)
    Most software I have used does not live up to it's hype... but are protected by thier ULAS does this mean that there could be an opening to challange software that doesnt live up to the hype. IANAL so I couldn't say.
  • Except it's California. If Kerry doesn't take the state easily, that's a red flag to investigate
    I know that the Bush v. Kerry battle is the main event on the political calendar this year but it's important for people to remember that we have three branches of government in this country, two of them elected, and it's just as important who controls the other two. (And that's just at the federal level! State and local races matter, too!)

    Both federal legislative houses are fairly evenly divided and the Senate in particular is completely up for grabs. But a few closely contested House seats that get swung the wrong way while everyone's eye is on the big show could have a huge effect, too..

    I don't believe the tinfoil hats are called for just yet, but please try to remember that there's more than one election taking place this fall.
  • by Anonymous Coward on Wednesday September 08, 2004 @01:54AM (#10186543)
    That's Americans. Iraqi dead due directly to US action looks like between 15,000 to 35,000.

    Have a nice day.
  • by Kpau ( 621891 ) on Wednesday September 08, 2004 @03:29AM (#10186905)
    I spent a lot of the 80s working with software they called "mission critical" (you know.. like B-52 nuclear launch code or shuttle flight software). I view voting software as "mission critical", not some fucking variation of an Excel spreadsheet. Diebold's ATMs apparently were developed as "mission critical" ... isn't it interesting that voting software was treated so differently by a company with announced interests in who wins elections. I'd go with the AG if he called election fraud conspiracy and threw the book at Diebold's senior management and the project team for that matter.
  • Re:UK Elections (Score:2, Insightful)

    by dfn_deux ( 535506 ) <datsun510&gmail,com> on Wednesday September 08, 2004 @05:22AM (#10187255) Homepage
    I think this could strike a serious blow to voter apathy though; the current problem is a sort of vicious cycle where a minority of the lower classes vote and rarely end up on top since the majority of the lower classes didn't vote (and hence didn't support legislation which is in their interest). The minority group is then suffered the pain of defeat and the majority is given ammo in the form of a "Told ya' So" to those who did vote. If everyone were to vote, people would be presented with choices and would then be more likely to relate the effect with the cause. It's simple classical conditioning. People who vote for things that impact them negatively would be less likely to support similar legislation in the future after experiencing their effects, while those who vote for things that benefit them would be more likely to support similar legislation.
    Any pyschologist will tell you that the combination of both negative and positive reinforcment is a strong motivator for behavioral change.

    Aside from that, the only other really good reform I can think of to our political system would require a complete constitutional rewrite whereby there was proportional representation in both houses of legislature, reduced federal beuracracy, direct elections, and a generally more state/local centric government.

    (I hope some of that made sense, I'm having a difficult time phrasing my thoughts coherently this evening.)
  • by BrainP1L07 ( 811630 ) on Wednesday September 08, 2004 @07:34AM (#10187620)
    ... to let machines count their votes don't deserve democracy.

    Public counting is the first and the strongest base of democracy. Interestingly enough, it's the first process in humankind where security has been achieved by transparence. And as such, the first open-source philosophy process in human history. Anybody must be able to check the process. Originally, you had to able to count (raised hands). Then, with more candidates, more people voting and anonymous voting process, paper ballots implied you also had to know how to read. Fair enough, as 97% of US people over 15 can read, according to the CIA world factbook [cia.gov] (it's doubtful weither the 3% left care at all about politics, blind people left appart). It's a very powerfull process, for each and every vote is publicly checked, and can be checked by anyone (above defined). At best, voting machines let you check the process, but not every single vote anymore, which is waaaay weaker however you take it. Furthermore, this process itself, FOSS machine or not, can only be checked by a ridiculously small and elitist group of people.

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