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[IP] Federal Court Upholds Calif. E-voting Ban





Begin forwarded message:

From: gep2@xxxxxxxxxxxxx
Date: July 7, 2004 11:07:01 PM EDT
To: ElectionProtection@xxxxxxxxxxxxxxx, ElectionProtectionTech@xxxxxxxxxxxxxxx, DigitalDemocrats@xxxxxxxxxxxxxxx, dfarber@xxxxxxxxxx, dallasdemocrats@xxxxxxxxxxx
Subject: Federal Court Upholds Calif. E-voting Ban



<---- Begin Forwarded Message ---->
Subject: Federal Court Upholds Calif. E-voting Ban
Date: Wed, 7 Jul 2004 20:27:07 -0500
From: "Harry Nass" <harryn@xxxxxxxxxxxxxxxxxxxxxx>
To: <gep2@xxxxxxxxxxxxx>

Gordon:

From ComputerWorld today.  Harry

Federal Court Upholds Calif. E-voting Ban

A federal judge today upheld a directive from the California secretary
of state that decertified touch-screen voting machines and withheld
future certification until the systems meet specific security
requirements, such as offering voter-verifiable paper audit trails.

http://www.computerworld.com/newsletter/0,4902,94372,00.html?nlid=PM
<http://www.computerworld.com/newsletter/0,4902,94372,00.html?nlid=PM>


Federal court upholds Calif. e-voting ban
The decision could have a nationwide impact


News Story by Dan Verton

JULY 07, 2004 (COMPUTERWORLD) - A federal judge today upheld California
Secretary of State Kevin Shelley's April 30 directive that decertified
touch-screen voting machines and withheld future certification until vendors of
those systems could meet specific security requirements, including
voter-verifiable paper audit trails (VVPAT).

The decision arose from a lawsuit, Benavidez v. Shelley, brought by disability rights advocates and four California counties -- Riverside, San Bernardino, Kern and Plumas -- that oppose Shelley's VVPAT requirement and decertification orders
for direct-recording equipment (DRE) voting systems.

The plaintiffs argued that banning the systems would disenfranchise visually or
physically impaired voters.

In an order issued today by the U.S. District Court for the Central District of California (download PDF), Judge Florence-Marie Cooper wrote that "the evidence does not support the conclusion that the elimination of the DREs would have a
discriminatory effect on the visually or manually impaired."

Cooper also said that the secretary of state's "decision to suspend the use of DREs pending improvement in their reliability is certainly a rational one, designed to protect the voting rights of the state's citizens." Cooper also characterized Shelley's paper audit trail requirement as consistent with his
obligation to ensure the accuracy of election votes.

Cindy Cohn, legal director for the Electronic Frontier Foundation, called the
court's decision a "landmark" ruling.

"The court said in clear, unambiguous terms that requiring a paper trail for e-voting machines is consistent with the obligation to assure the accuracy of election results," Cohn said. "That's an enormous victory for secure elections."

"This is great news for voters in California and for the rest of the country,"
said Kim Alexander, president of the California Voter Foundation.

Specifically, the judge's ruling with regard to the Americans With Disabilities Act "has national ramifications" for e-voting, said Alexander. "This landmark ruling, which takes into account California laws as well as federal laws such as the ADA and the Help America Vote Act of 2002, will have a reverberating impact
on states across the country."

The decision comes at a time when state and local elections officials are scrambling to ensure that e-voting systems in different states are reliable, accurate and can be secured from tampering in time for the November election.

Two weeks ago, the Brennan Center for Justice at the New York University School of Law and the Leadership Conference on Civil Rights released a report by an IT
security panel that outlined a strategy for certifying the security and
reliability of touch-screen DRE voting systems (see story 1 below). The systems will be used in jurisdictions representing about 30% of registered voters in the
upcoming presidential election.

And in testimony before the U.S. Election Assistance Commission in May, security researchers said that without paper audit trails, the 50 million Americans who will use electronic voting machines this fall will have no way of knowing whether their votes were recorded properly. The security researchers also testified that the code base powering the systems is so complex that election officials can't be sure it's free of malicious code designed to manipulate
election results (see story 2 below).



===================================


http://www.computerworld.com/securitytopics/security/story/ 0,10801,94311,00.html


Time Running Out for E-voting Security Plan
Panel calls for independent oversight of voting systems, but it may be too late



News Story by Dan Verton

JULY 05, 2004 (COMPUTERWORLD) - State and local jurisdictions must act
immediately to ensure the security of the electronic voting systems that are to be used in the November presidential election, according to an IT security
panel. But the panel's recommendations may well have come too late.
In a report released last week by the Brennan Center for Justice at the New York University School of Law and the Leadership Conference on Civil Rights, the
panel outlined a strategy for certifying the security and reliability of
touch-screen direct recording electronic (DRE) voting systems. The systems will be used in jurisdictions representing about 30% of registered voters in the
upcoming presidential election.

While analysts in the security and elections communities praised the report, most agreed that it may have come too late for states and local jurisdictions to
act upon.

Chief among the panel's eight recommendations is a call for elections officials to hire a well-qualified, independent security team to examine the potential for operational failures and malicious attacks against DRE voting systems. According to the report, such a team "must be free of any business relationships with any voting system vendors or designers" and must be granted unfettered access to all
software code and configuration data.

The panel also recommended that all jurisdictions contract for independent "red team" exercises to uncover any hidden physical or electronic vulnerabilities in DRE systems. And it urged election officials to make public information about
the level of cooperation received from DRE system vendors.

Site-specific security procedures and physical security also weighed heavily in the panel's report. For example, the experts urged jurisdictions to use "tamper tape" on all vulnerable hardware devices and to document strict procedures for
system repairs.

Jim Adler, CEO of VoteHere Inc., a Bellevue, Wash.-based developer of electronic
voting security technologies, said the recommendations are an accurate
reflection of what must be done.

But many of the systems and procedures for the November election are either already in place or are now being deployed. "It's late," said Adler, who was
interviewed by the panel for the report. "Where was this a year ago?"

Jeremy Epstein, senior director for product security at Fairfax, Va.-based
WebMethods Inc., characterized the panel's report as a set of short-term
recommendations that are "exactly on the mark."

Epstein said he believes the recommendations can be implemented in time for the election. But "over the longer term," he added, "the need is clearly there for voter-verified paper audit trails or perhaps some form of cryptographically
protected voting."



Election officials should:

Hire an independent team of security experts to examine the potential for
failures and attack, and implement the team's recommendations.
------------------------------------------------------------------------ -------- Provide thorough training for all election officials and workers on security
procedures.
------------------------------------------------------------------------ -------- Develop procedures for random parallel testing of the voting systems in use to
detect malicious code or bugs in the software.
------------------------------------------------------------------------ --------
Create a permanent independent technology panel to monitor the process.
------------------------------------------------------------------------ -------- Establish procedures for regular reviews of audit facilities and operating logs
for voting terminals and canvassing systems.
------------------------------------------------------------------------ -------- Prepare and follow standardized procedures for response to alleged or actual
security incidents.



===================================================

http://www.computerworld.com/governmenttopics/government/policy/story/ 0,10801,92
950,00.html


E-voting system security, integrity under fire
Researchers, IT vendors square off over the security of electronic voting


News Story by Dan Verton

MAY 06, 2004 (COMPUTERWORLD) - WASHINGTON -- IT security researchers have uncovered significant vulnerabilities in the electronic voting systems that nearly 30% of all registered voters will use in the upcoming presidential election, raising concerns about what already looks to be one of the most
divisive elections in U.S. history.
In testimony before the U.S. Election Assistance Commission yesterday, security researchers said that without voter-verifiable paper receipts, the 50 million Americans who will use electronic voting machines this fall will have no way of
knowing if their votes were recorded properly. Even worse, the code base
powering the systems is so large and complex that there's little way for
election officials to be sure it is free of malicious code designed to
manipulate election results.

"My biggest concern is that in a very large trusted computing base, the threat
of somebody with access to the development environment of the code base,
particularly the vendor, basically is in position to make the outcome of the election come out how they would like, and it's virtually undetectable," said Avi Rubin, a professor at the Johns Hopkins University Information Security Institute. "The trusted computing base is approximately 50,000 lines of computer code sitting on top of tens of millions of lines of [operating system] code. It is impossible to secure such a large trusted computing base," said Rubin.

Commission members also expressed concern about the potential for vendors to influence elections, especially since some have taken active roles in operating polling stations and, in the case of Diebold Election Systems' CEO Walden O'Dell, stated publicly the intent to deliver election results to President
George W. Bush.

Rubin recently had 40 Ph.D. candidates design Trojan horse programs to assess the security of the systems. "I was astounded to see the cleverness and ease with which the malicious code was hidden and how difficult it was to find,"
Rubin told the commission. "In the short term, meaning November 2004, a
voter-verifiable paper ballot is necessary. It's the only way to get around all
of the security problems in the machines" and, if necessary, to conduct
meaningful recounts.

Rubin, who has come under fire from IT vendors and their Washington lobby, the Information Technology Association of America, recently worked as a polling official to observe the process firsthand. While that experience forced him to rethink some of his early concerns about the security of the system, he came
away with new concerns about the risk of manipulation and fraud.

"At the end of the day, the memory cards were taken out of all of the machines and put into one machine ... and then they were [transmitted via modem] to back-end servers," said Rubin, noting that the polling station used a broken cipher for encryption and a key that was hard-wired to all of the machines.

He called that "a single point of vulnerability" and pointed out that there is
no encryption to protect the transmission.

Ted Selker, a professor at MIT and a former IBM fellow, said there are ways to counter such vulnerabilities. But encryption would be too difficult to deploy in time for the November vote, he said. And in some cases, registration databases remain full of errors -- a problem that led to between 1.5 million and 3 million
votes being lost during the 2000 election.

The IT vendors that make the systems in question, sought to discredit Rubin's research by characterizing it as laboratory work that has little relevance to a real-world voting environment. Some also complained that until last year, election officials were more interested in usability improvements than better
security.

"What's been missing from these laboratory-originated critiques has been the
real-world experience of the voting booth," said Mark Radke, director of
marketing at McKinney, Texas-based Diebold Election Systems Inc., which made the system tested by Rubin and his students. The questions and doubts raised are
"theoretical in nature," he said.

Neil McClure, general manager of Hart Intercivic Inc. in Austin, said product changes should be based on risk assessments, not solely on the existence of vulnerabilities. He discounted the threat of electronic tampering, saying it
would require a long-term commitment by a motivated attacker.

Unfortunately, both the IT vendors and the researchers agreed that properly securing the existing systems would take equally as long. "For 2004, we have the
equipment we have," said Selker.


[picture]

IT vendors of electronic voting systems said the threat of manipulation is overblown. (L to R) Alfie Charles, vice president of business development for Sequoia Voting Systems; William F. Welsh, board member of Election Systems & Software Inc.; Kevin Chung, founder and CEO of Avante International Technology Inc.; Mark Radke, director of marketing at Diebold Election Systems; and Neil McClure, general manager of Hart Intercivic Inc. (Image Credit: Dan Verton)


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Gordon Peterson                  http://personal.terabites.com/
1977-2002  Twenty-fifth anniversary year of Local Area Networking!
Support free and fair US elections! http://stickers.defend-democracy.org 12/19/98: Partisan Republicans scornfully ignore the voters they "represent".
12/09/00: the date the Republican Party took down democracy in America.


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