Diebold hits Black Box Voting with cease & desist: Host refuses

[BevHarris]

Diebold Demands Removal of Memos - Press copy

Meanwhile, many Americans have decided to revisit the Boston Tea Party. Over 500 voting activists are now in possession of the Diebold memos, on three continents, and they are distributing them as fast as they can. "Think of it like a really patriotic chain letter," says one activist.

Honoring democracy: The BlackBoxVoting.org host has so far refused to honor Diebold's demand.

See the Diebold letter: http://www.blackboxvoting.org/diebold-memos-1.htm

Visit forum for BlackBoxVoting.org web host lawyer's reply to Diebold http://www.blackboxvoting.org/blackboxvotingcgi/dcforum/dcboard.cgi?az=list&forum=DCForumID25&conf=DCConfID1

In the memos, dated Oct. 2001, Diebold's own principal engineer Ken Clark concedes that it is a simple matter to do an "end run" around the Diebold "GEMS" voting software, used for both touch screens and the lower tech optical scan machines, and goes on to say that people have used this "back door" in elections.

CLARK: "Right now you can open GEMS' .mdb file with MS-Access, and alter its contents. That includes the audit log. This isn't anything new."

Diebold admits that the memos are authentic, and claims copyright protection.

CLARK: "Being able to end-run the database has admittedly got people out of a bind though. Jane (I think it was Jane) did some fancy footwork on the .mdb file in Gaston recently. I know our dealers do it. King County is famous for it. That's why we've never put a password on the file before."

Diebold's own memos authenticate the security flaw I wrote about on July 8, 2003 (http://www.blackboxvoting.org/access-diebold.htm).

In contrast to their rebuttal to the Hopkins/Rice report, Diebold has never denied that I reviewed actual, working, certified versions of its software which are used in real elections, and they have never contended that my analysis is wrong. Clark's memo shows why: The tamperability was well known by senior programmers at Diebold, and had been in place for 10 years.

The memos also show that Metamor (now Ciber), the Independent Testing Authority (ITA) entrusted with testing voting machine software, called attention to the security flaw in Oct. 2001:

NEL FINBERG: "Jennifer Price at Metamor (about to be Ciber) has indicated that she can access the GEMS Access database and alter the Audit log without entering a password. What is the position of our development staff on this issue? Can we justify this?"

Principal engineer Clark acknowledges the security weakness and replies:

CLARK: "…if you don't bring this up you might skate through Metamor."

He goes on to say:

CLARK: "Bottom line on Metamor is to find out what it is going to take to make them happy."

Metamor agrees to overlook the flaw.

FINBERG: "For now Metamor accepts the requirement to restrict the server password to authorized staff in the jurisdiction, and that it should be the responsibility of the jurisdiction to restrict knowledge of this password. So no action is necessary in this matter, at this time."

Finberg's response says the software has been approved because the user of the software will have a password. However, I showed in the same July 8 report that the GEMS password can be overwritten in five minutes by any 14-year old.

This leaves only the Windows NT security which is altogether outside the Diebold voting system. Unfortunately, other memos indicate that the less secure Windows XP system is now being installed, moving away from a previous requirement for Windows NT, which had at least some built-in security.

The Diebold memos also demonstrate that the company made fraudulent claims to the state of Georgia when selling its system.

Georgia voting machine R.F.P. March 2002: IV. PHASE I, DIEBOLD TECHNICAL PROPOSAL:] "Generated entries on the audit log cannot be terminated or interfered with by program control or by human intervention."

R.F.P. March 2002: IV. PHASE I, TECHNICAL PROPOSAL: "Beyond the standard array of Windows NT-based layered and encrypted security, GEMS application provides all the security measures necessary for complete system security."

Principal engineer Ken Clark also notes that the security flaw has been in place for at least a decade:

CLARK: "This isn't anything new. In VTS, you can open the database with progress and do the same… This is all about Florida, and we have had VTS certified in Florida under the status quo for nearly ten years."

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

BlackBoxVoting.org contends that they have the right to publish the memos, which were given to them by a Diebold employee, and that this right supercedes Diebold's right to copyright protection because:

1) The Ken Clark memo demonstrates intent to break the law. The flaw violates both FEC standards and most state statutes. In California, for example, it is against the law to sell a voting system that is not tamper-resistant.

2) The publication of the memos serves an overriding public interest.

3) Other memos provide additional evidence of failure to follow the law, and reveal new security flaws. Specifically:

- At least two sets of memos discuss using cell phones to intercept and transmit vote data

- PERHAPS MOST IMPORTANT OF ALL: The memos document that Diebold has been using changed versions of software in elections, versions that were never submitted for certification at all. What this means is that none of the testing and certification protections apply, and no one, not the ITA, the secretary of state, or any election official (or, according to the memos, even Diebold's own tech support staff) have any idea at all what is contained in the lines of code in those uncertified programs.

What this means is that only three people in the world know what's in the Diebold software code used to run several elections, particularly in California. Two of these individuals are Canadian and one is a Russian living in Canada. Their names: Ken Clark, Talbot Iredale (a stockholder), and Dmitry Papushin.

I have provided a CD containing the memos to my congressman; at least two other members of congress in other states were also given the memos. A "rig-a-vote" CD from California activist Jim March containing step by step instructions with bona fide Diebold software showing how to change the audit log, overwrite the password, and change the votes during the midst of an election.

Over 500 activists in the USA, Canada, Europe and the South Pacific now have the Diebold memos.

- Diebold software is easy to tamper, according to Diebold's own principal engineer

- Diebold has been using untested, uncertified software in elections

- Diebold has been experimenting with insecure and unauthorized remote communications, including use of cell phones to intercept and transfer vote data during real elections.

- Diebold has submitted sales literature that misrepresents its system.

For complete set of memos, contact any voting activist to ask for directions to the next stop on the Diebold "Underground Railroad."

[nadinbrzezinski]

1. Of course they do not want this

anywere near the people... Thieves!!!!!!

[WhoCountsTheVotes]

2. Ha ha, they are scared now

They won't get away with it. It's too big to ignore, even the corporate press has been forced to pick up on it.

[elfwitch]

8. That would be great but..

It is nice to think that they won't get away with it but they already have. The press doesn't care. The people won't care. Most people don't even take the time to vote at all, much less worry if their vote is being counted correctly.

[madfloridian]

10. Our local news is starting to carry it. Both sides.

Of course they give a little more time to the side that says all is ok, but they are CARRYING it.

That is very good.

[BevHarris]

11. Voters care and the news is covering it.

20 minutes on the Jim Lehrer News Hour last night. CNN.com ran the San Luis Obispo story. I just got off the phone with the a Florida reporter, and what we discussed is that this has become a bipartisan issue and that if Republican congressmen don't get behind it now that the memos have surfaced, the voters will speak loudly to them.

Remember, in Watergate Nixon had Republican support until the tapes surfaced. These memos are of critical importance. If you receive them, everyone, do your part.

I see that you are relatively new to DU, and hope you will educate yourself on this issue. The "don't talk about it because people don't care and they won't want to vote" argument is used by proponents of unauditable and flawed voting machines, by the way.

We ARE interested and we will not go away.

Bev

[elfwitch]

18. EDUCATE MYSELF??

:mad: Are you seriously suggesting that my low post number equals a lack of knowledge or an uneducated opinion? I really hope that is not what you are saying. People who post more know more? Whaaaaa???
:wtf:

That is like saying that Ann Coulter is right because she is on more talk shows.

Now back to your "argument".
We ARE interested and we will not go away.

WE are not the problem. The problem is the masses that only get their news, if they bother to keep current at all, from Fox and the like. The problem is people who would rather watch "Survivor" than pick up a newspaper. I work in an office with 10 people who fall on the liberal side of the fence. There is only one other person, in addition to myself that even knew this was a problem.

[BevHarris]

23. So you are making sure the other nine know, right?

Ten people, only one other than you knew it, so get those others educated. Our democracy depends on it. And there is much more support for this than you realize. We've got your back.

[elfwitch]

30. I live in Texas. Support is a wild dream.

I live in Dallas specifically. Nobody has OUR backs here. I saw a sticker on a SUV a few weeks ago that actually said:
"This isn't the only time God has spoken through a Bush"

In the 2002 elections Dallas county was one of the ones that had questionable electronic voting results. I had to read about it on BushWatch.net because there wasn't a hint of it on local news sources.

I would love to believe that this issue will get big headlines all over and people will begin demanding that the elections are fair and accurate. However, I live in a city where the general populace sees GW as some kind of heaven sent saint.

There are some places where hope is lost and all you can do is make sure you and yours are safe. I have lived in Texas all my life and have seen it get more right-wing every year. Some days it is downright scary.

[BevHarris]

32. There are many Black Box Voting activists in Texas

Here's a place to start: go to http://www.blackboxvoting.org and join the forums there. Tell them you're from Texas, others will identify themselves. You don't need to give your name. Brainstorm. There are strategies that will work, and by the way, this is not an issue about George Bush, it is an issue about having voting machines that count right.

One of our most powerful activists, who was featured in AP news last week, is Jim March. He is a gun nut and a Republican/Libertarian hybrid. If he can do gun lobbying in California, you can do voting activism in Texas.

Welcome to the fight.

Bev

[stickdog]

57. "This isn't the only time God has spoken through a Bush."

But it's the first time everybody else got burnt.

[Generic Other]

67. Twice. We got burned twice.

Bush I and Scion.

[aquart]

83. Then nail it to the walls.

Like the 95 theses. Like wanted posters.

[gristy]

42. That was my thought, too

as soon as I saw elfwitch's post. You HAVE educated them, have you not?

[elfwitch]

46. I do what I can

I do what I can when I can but it is really like preaching to dirt. You can't do much for the general populace of this city. Buncha right-wing freaks here. If you say too much too loud, you have to worry about your own safety. Hell, I got my Shalom doormat stolen off my front porch.

[RapidCreek]

80. You might care to point out that some left wing liberal elitist

might steal the vote from their heaven sent fuhrer. It is entirely possible...especially considering (sarcasm on) what a lying bunch of amoral cheaters libruls are known to be (sarcasm off). This is something that many of the right don't seem to be capable of recognizing.

For instance...if I were to end up with John Ashcrofts job next time around....I would use the Patriot Act to declare Kenny Lay and his boys enemy combatants, after which the would be sent immediately and unceremoniously to occupy a dog cage at Guantanamo...never to be heard from again. In fact I might do the same with Asscroft himself

You see, like the Patriot Act, BBV is not a one sided isseu....it is one that effects EVERYONE...rethuglican, democrat, republicrat...you name it. What goes around comes around.

RC

[Wapsie B]

90. You got it.

Those evil librals will stop at nothing to get Hillary in there!

[w4rma]

26. IMHO, folks do care but the news outlets aren't doing their jobs well

It is my observation that BevHarris is correct.

IMHO, if folks think there is a threat (that might not be successfully solved by others) to our ability to hold fair elections they'll come down hard on whomever they see is responsible.

[catzies]

28. One slight disgreement: people vote all the time!

But on meaningless crap, like CNN polls, and American Idol, and Survivor, and Jennifer Aniston's hair on Friends...

They pay no attention to what really matters, which, in my :tinfoilhat: world, is part of their plan.

[nothingshocksmeanymore]

3. Better have those 500 people send them to500 people EACH!

make it impossible to emforce

[HereSince1628]

4. Way to go BBV!!!

You are now well on the way to winning this...

what did Ghandi say? something like...first they ignore you, then they ridicule you, then they fight you, then you win

[arcane1]

5. cease and desist MY ASS!

where is that damned middle-finger icon when you need it?

:toast: to the BBV crew, once again!!

[chadm]

6. The People vs. Diebold

Kind of has a nice ring to it. I'm sure there are lawyers who would love this case.

The argument here is that, since we are talking about the very foundation of our Democracy, copyright get put aside and the evidence should stand. It would be interesting to force a court into ruling against Democracy in favor of property.

[tridim]

13. The People vs. the GOP and Diebold

has a nicer ring to it.

I know Bev is trying to keep this as non-political as possible at this point, but the truth is, Diebold is a Republican run company that benifits only Republicans.

[BevHarris]

16. Beg to differ: Cathy Cox is a Democrat, so is Maria Cantwell

What is the issue now is to separate the elected officials who have been so corrupted by campaign contributions and corporate cronyism that they no longer represent the will of the people from those, from BOTH parties, who remain loyal to the concept of democracy.

[madfloridian]

7. Kudos to your host!

:hi:

[The Backlash Cometh]

9. Two Canadians and a Russian

It gets curiouser and curiouser.

[DEMActivist]

14. It occurred to us...

that there is a reason the 3 most implicated programmers do not reside on US soil. Coincidence? I don't think so.

[ParanoidPat]

17. It makes it harder for the FBI to kick in their doors!

:evilfrown:

[The Backlash Cometh]

22. Plausible deniability?

Is this were privatization will lead us? Where a ruthless party can go anywhere outside the U.S. jurisdiction to hire someone to steal our elections? Scary stuff.

[SidDithers]

39. All your votes are belong to us!

Sorry, couldn't resist.

Sid

[seemslikeadream]

55. So now 2 Canadians and a Russian

are also in charge of the security of the Charters of Freedom: the U.S. Constitution, The Bill of Rights and the Declaration of Independence. If the security for these documents is anything like their voting machines we've got another problem on our hands.
www.diebold.com/nyse.htm

And they also for the past decade has been the primary security supplier for ALL the country's Federal Reserve banks.
www.diebold.com/banksecurity/

[shirlden]

12. They can close this barn door, but

The horses have all run away. They can't catch them all now. Hang in there Bev, you know we have your back.

:bounce:

[WillyT]

15. My Thoughts Exactly !!!

Too late Diebold, way too late!

Way ta go Bev!!!

:bounce::kick::bounce:

[Prisoner_Number_Six]

19. So there IS a chance for justice in the world!

This is just so incredibly RIGHT. My hat is off to the unidentified insider who took his/her life in their hands to get this out. For the first time, I feel there may be a chance to get on top of this immense fraud. I hope the final result of this will be to see the heads of Diebold arrested as traitors to the United States of America, because that's exactly what they are.

[BevHarris]

24. My hat's off also, but it is more than one insider

More than one insider from more than one location.

[Prisoner_Number_Six]

27. Kudos to them all, and

may they stay "unidentified" and ALIVE. I hope they do well.

[AP]

20. What's the direct link to the full lawyer's letter...

...I'd love to read it.

I see the summary of the three points here... http://www.blackboxvoting.org/htdocs/dcforum/DCForumID25/7.html ...

Is there more?

[DEMActivist]

21. Here ya go

http://www.blackboxvoting.org/diebold-memos-1.htm

[AP]

25. and BBV's reply?

That's the one I really want to see...

[DEMActivist]

29. Hosting company's attorney - not BBV

From: (redacted)
Sent: Tuesday, September 16, 2003 10:37 AM
To: 'Walker & Jocke'
Cc: '[e-mail]'; '[e-mail]'
Subject: RE: Copyright Infringement

Via email only

September 16, 2003

Ralph E. Jocke
231 South Broadway
Medina, OH 44256

Re: Email dated 9-15-03, subject: alleged copyright infringement

Dear Mr. Jocke:

This will confirm receipt of your 9-15-03 email alleging copyright infringement by the owner of the web page www.blackboxvoting.org/diebold-memos-1.htm.

The website www.blackboxvoting.org appears to belong to a customer of one of our hosting customers, and therefore it does in fact reside on our servers. We are aware of the obligations imposed on service providers by the Digital Millennium Copyright Act (DMCA). In cases of alleged infringement, our policy is to avail ourselves of the “safe harbor” provisions of the Act, as set forth in 17 USC § 512.

Your email notification appears to address most of the elements required for notification of copyright infringement under 17 USC § 512(c)(3), with the following three exceptions:

1. Under 17 USC § 512(c)(3)(A)(i), the “physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed” must accompany a notification of alleged infringement. Although your email contained no electronic signature, you may meet this requirement by faxing your signed copyright infringement notice to my attention at (redacted), or by sending it via first-class mail, addressed to my attention at (redacted).

2. Under 17 USC § 512(c)(3)(A)(iii) and (iv), the copyrighted work and the material that is claimed to be infringing must be clearly identified. Your email listed only the Uniform Resource Locator (URL) referenced above, which, when printed, runs to 13 pages containing numerous items and commentary. As we are not familiar with the personnel and equipment referred to in those materials, what may perhaps seem obvious to your client is not necessarily clear to others; and since substantial compliance with the statute requires reasonably sufficient identification, we ask that you clearly identify, in your signed notice, exactly which parts of the materials residing at www.blackboxvoting.org/diebold-memos-1.htm your client claims to own the copyright for.

3. Under 17 USC § 512(c)(3)(A)(vi), notification must be accompanied by “ statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.” Please insure that your signed notification contains the required statement and “penalty of perjury” language.

Only when the above requirements of the DMCA are fully satisfied, can we lawfully take down allegedly infringing materials under the Act, all other statutory elements of notification having been satisfied by your 9-15-03 email. In the event of such a “take-down,” however, please bear in mind the DMCA’s provisions regarding counternotice, as set forth in 17 USC § 512(g)(3).

Very truly yours,

(Redacted)

(Redacted)
General Counsel

[AP]

31. I took a look at the web site for Diebold's law firm

and it's a small firm which clearly focuses on patent work. I bet, if you looked up Diebold's patent filings, you might since this firm listed as the attorney.

Copyright is probably not their primary area of Intellectual Property expertise, thus the inadequate notice.

I wonder if Diebold was just looking for a cheap way to scare someone they presumed was an unsophisticated subject.

I wouldn't be surprised if the next letter the host got was from a different lawyer at a different firm with specific expertise in this area. If not, Diebold is going to be wasting a lot of money on this firm as Mr Locke charges partner rates while he stries to get up to speed on the DMCA, which is probably an area of law in which he's never practiced before.

[DEMActivist]

33. You are probably right

They expected every hosting company to cave immediately.

Surprise!

[Cocoa]

34. who's the hosting company, and why redact it?

[BevHarris]

35. I asked if they want publicity, they said no,

it's not a big deal but it's a preference and I'm honoring it. They have honored democracy by handling things the way they have, and they don't need to also stand at the top of a hill with a flag asking people to take pot shots at them.

[RedEagle]

36. More media please....

Think the Newshour piece got them rattled?

Kick!

[librechik]

75. BTW here's the video for the NewsHour piece

http://www.pbs.org/newshour/bb/politics/july-dec03/vote_9-15.html

But why no mention of the conflict of interest with Diebold, GOP and Bush? They certainly knew about it! Aaaargh!

[creativelcro]

82. Deb. Seiler = liar

That Deb. Seiler is such a liar!... No connection to the Internet. Never. Unbeliavable... -CV

[Cocoa]

37. who would take pot shots at them?

they're standing up to the Diebold family evil empire but they don't wan t pot shots?

[AP]

44. Every RW programmer with a virus?

[Cocoa]

68. but Diebold knows who it is

what's to stop Diebold from posting the name of the company all over the place the way Bev and co. are posting their shit all over the place?

I mean, why such restraint from a company that is capable of assassinating its enemies? Why just issue a letter, why not try to destroy the hosting company?

[AP]

73. What odd questions, Cocoa. You know that you could find out the

name very easily too if you want to.

Obviously, redacting the name weeds out the lazy disgruntled RW'ers from the persistent, vengeful RW'ers. They're just trying to reduce the pool of potential trouble makers as much as possible.

[Eloriel]

86. And GUESS WHO WE'LL THINK OF FIRST

if any pot shots get made after this little discussion.

Eloriel

[Resistance Is Futile]

65. Make backup plans

Get an offshore mirror and mirror your site on Freenet. It's only a matter of time until the enemy writes a speech denial order that is compliant with the DMCA.


And before anyone forgets, the DMCA's anti-disclosure elements were enacted by the democratic party.

[AP]

74. If the Dems wrote the safe harbor provisions too, it looks like

everything will be fine, and we can thank the Dems.

[ParanoidPat]

40. It could be because some people here object to.....

.....the posting of personal information. :evilgrin: ;-)

[DEMActivist]

43. Not to mention....

that a successful business isn't looking to get harassed by the likes of some of our "fans."

[Kelvin Mace]

54. Reply?

Is there a "full moon" icon? <g>

My personal reply is that copyright does not protect violations of state and federal law.

Folks, I have a suggestion. Start referring some of these memos, especially the ones where Diebold defrauded the state of GA to the GA state attorney general. If an investigation is started, things will get even toastier.

David Allen
Publisher, CEO, Janitor
Plan Nine Publishing
1237 Elon Place
High Point, NC 27263
http://www.plan9.org

[graham67]

38. Medina Lawyers??

That strikes me as very odd.

[DEMActivist]

41. Not that it matters, but....

why? Care to explain?

[graham67]

45. Well...

maybe very odd was too strong. I can't imagine why they'd use lawyers in a sleepy little city like Medina. Not that it particularly matters, but its not terribly close to North Canton. It's one of the many things that make me go "hmmmmmm...".

[DEMActivist]

47. Never mind - guess was wrong

AP nailed it. Go AP!

[AP]

49. One of their lawyers...

...worked for the USPTO for 17 years and, they brag on their website, has top secret naitonal security clearance, or something like that.

But, I'm sure it's nothing suspicious.

You can practice Patent Law anywhere, and maybe this little firm is in a tech-heavy area of the state, while Diebold isn't.

Furthermore, the smaller the town, the lower the overhead, and the lower the rates.

[AP]

48. They are Diebold's patent lawyers

I just did a search of Diebold's current patents. Ammusingly, several of them are for printer technology (in relation to banking machines, e.g.).

The first one I looked at showed a Walker & Jolke attorney listed as the filer's lawyer.


http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=/netahtml/search-bool.html&r=11&f=G&l=50&co1=AND&d=ptxt&s1=Diebold.ASNM.&OS=AN/Diebold&RS=AN/Diebold

[Lindsay]

51. I've got family in Medina.

I think it's become choice real estate between Akron and Cleveland. Where the upper-class folk are moving to since the Solon area got so crowded.

[graham67]

53. Yeah, definitely....

expensive to live there. I lived there several years ago when the population was around 35,000. I'm not sure what it is now. It definitely has that "small wealthy town" feel, sort of like Wooster without the college kids.

on edit:

I'm not suggesting any of this means anything in particular, the location just struck me as odd considering they could find hotshot corporate lawyers in Canton itself. They're probably doing it on the cheap.

[Eloriel]

87. If you're up to it

There was another one, lost now thanks to my hard disk crash a few weeks ago, that Diebold had on something like face recognition technology. Developed by a NASA scientist. I'd love to have that again. And in fact we should take another nice, long look at it.

Eloriel

[alfredo]

50. I am sure these memos will be all

over the world soon.

[DEMActivist]

52. You are exactly right.

Many of the most liberal activists begged everyone they know to send them out and release them in the wild.

The best part, though, is that Diebold's cease and desist confirms the authenticity! We couldn't ask for a better conclusion.

Bwahahahahahahaha, they just provided the evidence we needed to prove their illegal activities.

[Gordon25]

61. Even more importantly...

...they provide all the evidence you need to file personal consumer fraud complaints with your county attorneys and state attorney general's. You don't need a lawyer. You don't need to wait for some official to initiate an investigation. You can personally file the complaints and in most jurisdiction they are required to investigate.

So all you activists who care about your vote get a chance to get real active in this fight and strike your own blow at Diebold. File the complaint and then follow up at regular intervals to be sure it is being investigated. Make Diebold defend themselves on a hundred different fronts. The sheer number of the investigations will trigger press coverage.

I am going to post a longer version of this as a separate thread, for anyone interested.

Gordon25

[reprobate]

79. Yes, please do. And post a link here so we can follow up.

That's a really interesting idea. I can see several thousand complaints all over the country. That ought to keepDiebold busy for a while.

Great idea!

[RapidCreek]

81. Please do Gordon

It will be helpful to me in another area of my life.

thankyou,

RC

[oasis]

56. The California recall is bringing voting machines into national focus.

The recent court order addresses this issue.

[stickdog]

58. So sue me.

Discovery is a wonderful thing.

[DEMActivist]

59. LOL, I think...

discovery is the LAST thing Diebold wants.

Especially now that we have exact time, date, author and contents to refer to when writing the request for production of documents.

No, no, no....this is one example of Goliath being unable to bury David in a ton of worthless paper.

I wonder if they are realizing the trap which has been set for them yet.

[Pobeka]

60. The sound of a million hands clapping!!!

Bev and DemActivist deserve a standing ovation for bringing it this far. The Diebold cease and desist order confirms the BBV project is dead on target.

Bev, have you (or someone else) communicated with Christine Gregoire's (sec state WA) office about this issue?

[DEMActivist]

66. Not alone, we haven't

There are a lot of folks standing shoulder to shoulder with us and providing help, support and encouragement.

It is precisely the courage of activists who have stood up to take a public stand which kept the heat off Bev and others. There are now so many names publicly associated with "Black Box Voting activist" they don't know who to cuss out first. Just to name a few:

Eloriel
Jim March
RedEagle
Hedda_foil
DWright
HEsco
GodBushNCheney
Gordon
Junkdrawer
punpirate
on edit: How could I forget ParanoidPat!!! (a personal hero of mine)

who stood to be counted and dared them to shut us up. Without those brave patriots, we would not have brought this battle to this point.

This doesn't begin to mention the patriots who have worked selflessly in the background to help us bring this all to light.

Please forgive me for any names I missed, it's been a pretty busy day.

on edit:
typo

[Must_B_Free]

71. You forgot me

I raised suspicion about Bev Harris to make sure she wasn't a GOP plant... I also challenged things that didn't sound right, when I could.

Just kidding. I think that the emails are the crux of this biscuit.

You all get a standing ovation from Must_B_Free.

[Pobeka]

76. And another million hands for all those other folks too.

You've all done great work!

[WaterDog]

62. Yeah!!

This is great! I saw the segment on the Lehrer Newshour yesterday. BBV is getting into the news.

Un favor, por favor: Could someone direct me to an article that describes the whole situation where a Diebold official promised Republicans in Ohio that Diebold would deliver all Ohio electoral votes to Bush. Thank you.

:bounce: :bounce: :bounce:

[hunter]

77. Welcome to DU WaterDog!

With a name like that, how could I resist.

Here's a link about the Ohio electoral votes:

http://www.cleveland.com/printer/printer.ssf?/base/news/106207171078040.xml

Happy hunting!

[WaterDog]

119. Thanks, hunter!

Very happily hunting.

:hi:

[Vitruvius]

63. Please get other sites to MIRROR the memos on their sites --

as many sites as possible, so Diebold can't shut them all down.

I'd suggest -- for openers -- contacting the Electronic Frontier Foundation http://www.eff.org/ , 2600 Magazine http://www.2600.com/ , and any progressive website or progressive media that comes to mind. Both the EFF and 2600 have been involved in anti-big-brother / privacy / freedom of information litigation; they may be able to offer legal contacts, as well as other websites to contact.

You might also contact FOREIGN websites -- beyond the reach of Diebold's cease-and-desist orders.

Might Democratic Underground mirror these documents?

Does anyone have any other thoughts or ideas or potential mirror sites for this information?

Vitruvius

P.S: If Black Box Voting can't do this, if any of you have this CD, you may choose to contact potential mirror sites...

Also: what foreign journalists have written about this? Could they put the memos up on their websites? How about George Monbiot or Greg Palast, etc? Or even Chris Floyd? Or all of the above?

[ElsewheresDaughter]

64. Bev...here is an elections law professor: Nate Presily..

Univ. Penn....see if he can help :shrug:

[Karenina]

69. KICK!

:kick:

[Generic Other]

70. Why does this post remind me of the Cat in the Hat?

Whoever tried to clean up the Diebold files with Mother's Best Dress is in for it now! LOL.

[TacticalPeek]

72. Kick with votes.

:kick:

[Oilwellian]

78. As I was reading through the group of memos I received....

I got the following pop-up message:
3 items were extracted from 200110.zip (11:53:34)

A little later, as I was reading the second group of memos, I received another pop-up message that was similar.

2 items were extracted from 200006.zip (12:39:23)

What the hell does that mean?

[DEMActivist]

84. Nothing to worry about

Just AOL's unzipper giving you a confirmation.

[Jack Rabbit]

85. This one's for you, Bev

:toast:

You've got guts.

[Andy_Stephenson]

88. Hmmmm interesting

Re: BS 4.0.11 / R6 Automatic L & A generating wrong totals

--------------------------------------------------------------------------------

To: "Global Support" <[e-mail]>
Subject: Re: BS 4.0.11 / R6 Automatic L & A generating wrong totals
From: "Talbot Iredale" <[e-mail]>
Date: Tue, 16 Oct 2001 13:22:25 -0700
References: <[e-mail]>

--------------------------------------------------------------------------------

Cathy,

This should have been posted to support not RCR.

You have selected "Cast One Ballot per Precinct". This only applies a vote
to the first candidate in each race for each ballot in each precinct.
Unselect this and you will get what you want.

Tab
----- Original Message -----
From: "Cathy Colgan" <[e-mail]>
To: "RCR" <[e-mail]>
Sent: Tuesday, October 16, 2001 12:46 PM
Subject: BS 4.0.11 / R6 Automatic L & A generating wrong totals


>
> Travis, tx database is on the ftp site - 18 mg
>
> I get votes for top candidate ONLY in every race.
>
> what should the correct scenario be?



___________________________________________________________________

Re: BS 4.0.11 / R6 Automatic L & A generating wrong totals

--------------------------------------------------------------------------------

To: "Global Support" <[e-mail]>
Subject: Re: BS 4.0.11 / R6 Automatic L & A generating wrong totals
From: "Talbot Iredale" <[e-mail]>
Date: Tue, 16 Oct 2001 13:22:25 -0700
References: <[e-mail]>

--------------------------------------------------------------------------------

Cathy,

This should have been posted to support not RCR.

You have selected "Cast One Ballot per Precinct". This only applies a vote
to the first candidate in each race for each ballot in each precinct.
Unselect this and you will get what you want.

Tab
----- Original Message -----
From: "Cathy Colgan" <[e-mail]>
To: "RCR" <[e-mail]>
Sent: Tuesday, October 16, 2001 12:46 PM
Subject: BS 4.0.11 / R6 Automatic L & A generating wrong totals


>
> Travis, tx database is on the ftp site - 18 mg
>
> I get votes for top candidate ONLY in every race.
>
> what should the correct scenario be?


blank ballot

--------------------------------------------------------------------------------

To: "Support" <[e-mail]>
Subject: blank ballot
From: "John McLaurin" <[e-mail]>
Date: Tue, 16 Oct 2001 16:09:56 -0400
Importance: Normal

--------------------------------------------------------------------------------
Folks,



Have we ever seen an RCR, or do we have the ability, to identify/return to the voter a ballot this is not voted on one side or the other. The suggestion, from Duval County, is that the on a two sided ballot, it would be nice to reject a ballot that was not voted on one side or the other, presumably inserted by the ignorant, uninformed, or elderly voter, that only voted one side of the ballot. Is this something we do, or can do?



Thoughts, suggestions, opportunities.


RE: blank ballot

----------------------------------------------------------------------


To: <[e-mail]>
Subject: RE: blank ballot
From: "Larry Dix" <[e-mail]>
Date: Tue, 16 Oct 2001 15:35:40 -0500
Importance: Normal
In-reply-to: <[e-mail]>

--------------------------------------------------------------------------------
Don’t go to far out with the promises. Firmware changes, software changes = re certification in Florida.





Larry J. Dix

Vice President of Operations

Global Election Systems

RE: blank ballot

--------------------------------------------------------------------------------

To: <[e-mail]>
Subject: RE: blank ballot
From: "Ken Clark" <[e-mail]>
Date: Tue, 16 Oct 2001 13:36:51 -0700
Importance: Normal
In-reply-to: <[e-mail]>

--------------------------------------------------------------------------------
Yep, I brought that up offline with John. I said we can do just about anything. What Florida can do is an entirely different matter.

Ken





RE: BS 4.0.11 / R6 Automatic L & A generating wrong totals

--------------------------------------------------------------------------------

To: <[e-mail]>
Subject: RE: BS 4.0.11 / R6 Automatic L & A generating wrong totals
From: "Cathy Colgan" <[e-mail]>
Date: Tue, 16 Oct 2001 19:33:02 -0500
Importance: Normal
In-reply-to: <001701c15680$468c5890$[e-mail]>

--------------------------------------------------------------------------------

If I unselect it I get 78 ballots. i.e. travis database - 231 precincts,
297 base precinct and 3 styles. I don't understand where the 78 ballots
come from?

-----Original Message-----
From: [e-mail] On Behalf Of
Talbot Iredale
Sent: Tuesday, October 16, 2001 3:22 PM
To: Global Support
Subject: Re: BS 4.0.11 / R6 Automatic L & A generating wrong totals


Cathy,

This should have been posted to support not RCR.

You have selected "Cast One Ballot per Precinct". This only applies a vote
to the first candidate in each race for each ballot in each precinct.
Unselect this and you will get what you want.

Tab
----- Original Message -----
From: "Cathy Colgan" <[e-mail]>
To: "RCR" <[e-mail]>
Sent: Tuesday, October 16, 2001 12:46 PM
Subject: BS 4.0.11 / R6 Automatic L & A generating wrong totals


>
> Travis, tx database is on the ftp site - 18 mg
>
> I get votes for top candidate ONLY in every race.
>
> what should the correct scenario be?

[RedEagle]

89. Back up you go!

Kick!

[Vadem]

91. Right to the top, again!

:bounce:

[Andy_Stephenson]

92. weeeeeee

:bounce:

[DEMActivist]

95. Another day

another kick.

[Romberry]

93. I'd say this could actually be good news for BBV

Diebold's C&D is a defacto admission that these memos are "real". The next time someone says they are not authentic you can simpy show them the C&D. After all, Diebold could not seek a C&D for something that was not "theirs". Right? Right!

[Andy_Stephenson]

94. Logic would Dictate.

But Logic went out the window a long time ago...

[creativelcro]

96. ...

This thread rocks! -CV

[dusty64]

97. Into the trap, I

LOVE it.

[laylah]

98. Way to go!

A standing ovation to all that have made this possible! :kick:

[Vadem]

99. First, again, to the top!

:kick:

[SeattleRob]

100. Thanks, Bev...

I have been a lurker on all of this and I want to commend you for your work and dedication.



:kick:

[Trajan]

101. Kick for the Century .....

Damn ... missed it by one ..........

[loudsue]

102. WOW!! WOW!! WOW!!

:bounce:

THIS GETS BETTER EVERY DAY!!!! CONGRATS ALL!!!

:bounce:

[seaflipper]

103. Does anyone know if Diebold is paying a license fee to use Access?

I know this might not be the best thread to post this in, but I have been reading all about Bev's and other's work on this whole Diebold thing for last couple of months or so. One thing I wonder is about the use of Microsoft Access. This might be a way to put more pressure on Diebold, and sorry if it's been asked before:

If Diebold makes no mention of Access anywhere in their manual, do we know if Diebold is actually paying for a license to use Access in the first place? In other words, perhaps Diebold is not even paying for each GEMS workstation Access license and maybe somebody can get Microsoft to look into this from a violation of license code issue, that would put some more heat on Diebold.

It's a shot in the dark, but who knows.

[BevHarris]

104. I've wondered about whether a license was procured for

Windows CE, also. They had BSquare do some CE development, and BSquare is certainly licensed for it, but then they did a bunch of their own changes. To resell any item that contains CE, a license is required. Both Global Election Systems would have had to have it and Diebold.

Regardless of whether they had the license, I'm sure that did not include the right to post all the Windows CE source code files on an open web site, which is what they did.

Bev

[gristy]

105. Bev, are you kidding me?

Regardless of whether they had the license, I'm sure that did not include the right to post all the Windows CE source code files on an open web site, which is what they did.

That can't be right. Diebold had in their possession ALL of the Windows CE source code files? Is the implication here that Diebold was modifying and recompiling the source code to generate their own version of the Windows CE operating system?

I'm not a software developer, but that would seem to be a de-facto security breach.

[Occulus]

110. Not only that

but it would definitely open the hood on M$ software.

[BevHarris]

112. Clarification: They had 15,900 Microsoft CE developer files up

The developer's library, which includes source code. Understand that Windows CE is like a set of legos: licensed users build their own operating system.

Because of that, Diebold is in deep doo-doo if they claimed to certifiers that Windows was exempt from examination because it was used as is "commercial off the shelf" software.

In July, the memos refer to one rewrite after the next on parts of the Windows CE system. They did it on July 2,4,5,7 and Aug 8, and submitted a new nk.bin file (kind of like a mini Windows operating system) with the name "clockfix" on July 8.

The way Windows CE works, you pay a nominal fee for a developers license, but can't distribute anything without a customized licensing fee arrangement.

The developer's kit they had sitting out there for all to grab retailed for about $2,000, not including license fees, which were required before purchasing it.

[seaflipper]

106. All it would take

Would be for some employee of Diebold who has an idea that something might be amiss to make an anonymous phone call to the Business Software Alliance. They investigate this kind of stuff. I'm not sure what kind of proof or allegations one would have to make in order to get them to investigate, and since it's Diebold we're talking about, I would not be surprised if Microsoft would have to be consulted on this before any investigation would be started. However, based upon the fact that Diebold seems to hide the fact that they even use Access at all in the GEMS software, it seems reasonable to me that Microsoft would like to at least "take a look at this."

[hunter]

113. The first one is always free!

Cigarettes, drugs, Microsoft...

It's not as big of a deal as you think. Microsoft has always turned a blind eye towards any kind of software piracy that increases their market share.

Microsoft to Diebold: You are using our software in your very successful voting machines. You owe us money.

Diebold: Here is a big fat check.

Microsoft: Okay.

Having the Windows CE developers kit on an open ftp site isn't an issue if Diebold's check is big enough. Any "damage" this might have done to Microsoft is actually a kind of advertising.

Microsoft: Look, Diebold uses our kit, and so can you!

It's almost like a free trial, and no, Microsoft will never admit this, and they may even swat a few flies as they ignore the rats and even the rampaging elephants.

My prediction is that Microsoft won't fuss if they get paid by Diebold -- now, then, or later.

[JasonBerry]

107. A Question For BBV Activists !!!!!

This is simply unbelievable and shocking. My question is simple: Why aren't these memos alone evidence enough to take to the US Attorney for an indictment and if they are uncooperative - to ANY Grand Jury in a state using Diebold software?

[JasonBerry]

108. One Other Thought...

If anybody should be giving Cease & Desist orders - it should be a Federal Judge stopping the use of Diebold software.

[BevHarris]

109. The memos are enough -- this should be an action taken

by as many people as possible.

Understand that, by issuing cease and desists, Diebold is claiming authorship to those memos. Thus, even if you simply read the memo on a web site, I think you can take the memos in, demand an investigation, and Diebold will then be hard-pressed to claim the memos aren't authentic.

Open trap, stick foot in.

[JasonBerry]

111. That is the key

Understand that, by issuing cease and desists, Diebold is claiming authorship to those memos.

Absolutely! That should be hammered home.

Job well done. Some of us who haven't been involved, you just stirred an active interest.

Incredible. In America!

[Eloriel]

114. Another

:kick:

Eloriel

[Andy_Stephenson]

115. One Kick

:kick:

[4dog]

116. Kick - read this, then act.

[oasis]

117. Kick for a fighting spirit.

[FDRrocks]

118. Inform me of something.

On the page listing the infringement (Diebold e-mail)... they reference the same page housing the text of the e-mail.

http://www.blackboxvoting.org/diebold-memos-1.htm

It has recently come to our clients' attention that you appear to be
hosting the following web page:
http://www.blackboxvoting.org/diebold-memos-1.htm
This web page includes the Diebold Property.

The owner of the http://www.blackboxvoting.org/diebold-memos-1.htm
page does not have Diebold's consent to use or distribute any Diebold
Property.


Does diebold time-travel? Or what?

[barbaraann]

120. Oh, dear.

Kick.

[Isome]

121. *whew*

This is unbelievable! ...figuratively speaking of course.