Cross-posted on The Albany Project
Slashdot today posted a link to a blog by Bo Lipari, the Executive Director of New Yorkers for Verified Voting, which discusses a document floating around the state senators offices regarding changes that Microsoft and Election Voting Machine Manufacturers want to make to current election law. The changes involve rolling back the requirement that voting machines must provide source code to be reviewed by the state to verify voting results are accurate in case there's a challenge in an election.
Even worse, they're attaching it to the bill that needs to be passed this week in order for NY to have its Presidential Primary moved to February 5th.
Read on for the proposed changes.
Bo highlighted them in his blog as follows:
Microsoft's attorneys drafted an amendment which would add a paragraph to Section 1-104 of NYS Election Law defining "election-dedicated voting system technology". Microsoft's proposed change to state law would effectively render our current requirements for escrow and the ability for independent review of source code in the event of disputes completely meaningless - and with it the protections the public fought so hard for.
38. A technology, including software, is an "election-dedicated voting system technology" if it is specifically designed for use solely or primarily in a voting system or has been specifically modified for use solely or primarily in a voting system, but only to the extent of such modification. Any element of a technology that has not been specifically designed or modified for use solely or primarily in a voting system shall not constitute an "election-dedicated voting system technology".
This would mean that Microsoft could exempt opening up it's operating system Windows because it wasn't written specifically as a voting system technology. It also means that a manufacturer could argue that core parts of its system does not have to be reviewed because they haven't been created or modified solely for voting purposes. While it's hard to see how someone like Diebold could argue this, they can't argue it under current law and this would give them the chance to do so.
There's another disturbing paragraph later on. In section 7-208 (changes in italics):
1. Require that the manufacturer and/or vendor of such voting machine, system or equipment shall place
into escrow with the state board of elections a complete copy of:
(a) in the case of "election-dedicated voting system technology" implemented in such voting machine,
system, or equipment, the information necessary to assess the integrity and efficacy of such technology. In the case of any such technology comprised of software, this information may include the ballot programming files, source code, or object code of such software; and
(b) in the case of all other technologies comprised of software, only the object code of such software as implemented in such voting machine, system or equipment.
Section b is very scary. Now, if they do not qualify as a voting technology under section 1-104p38, section b states that they do not have to provide open code but only the object code. This means that the object code can be used to rebuild the system using both source linked to the object code, but that you can't actually see what the object code is doing. This further protects Microsoft from having to open up any of its Windows libraries, but also furthermore protects manufacturers if their changes are deemed not to be voting or election related. So if a manufacturer somehow makes a change to the Windows library on how it transmits data over the network or even re-writes a printer driver, that could be argued to be not necessarily voting related and thus they don't have to provide code for that.
So if you have an ignorant judge and they appeal a decision to review the code, the code might not be made available for review.
So how is Microsoft going to get this passed? With a rider on the NY primary date vote that happens this week. They're going to attach it and hope that it passes on this bill that will be rushed through so we can be part of Super Tuesday in February of next year. Also, note that their changes become effective immediately, as the bill states.
Please note I'm not a lawyer or a legislator, just a programmer, so I apologize for any incorrect vocabulary in the diary above.
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