Feeds

E-voting vendor sued for DMCA takedown

Never mind the ballots

  • alert
  • submit to reddit

Choosing a cloud hosting partner with confidence

Two college students and a non-profit will seek a restraining order tomorrow to prevent electronic voting machine vendor Diebold Systems from using the DMCA to plug a leak.

Diebold has threatened several websites with the 1998 Act to prevent them publishing a large number of internal memos from the company's technical support database.
The two students hosted the memos at Swarthmore College, PA., which was one of several sites which received a threat from Diebold. Diebold says that the memos reveal copyrighted information and therefore fall under the DMCA. Tomorrow's case is likely to be a prelude for a case which will determines whether a public interest defence can trump copyright.

The documents cover some chaotic backroom scenes at the 2000 Presidential Election count involving machines from Global Elections System (now Diebold) One from a Volusia County, Florida employee appeals for help:

I need some answers!  Our department is being audited by the County.  I have been waiting for someone to give me an explanation as to why Precinct 216 gave Al Gore a minus 16022 when it was uploaded.  Will someone please explain this so that I have the information to give the auditor instead of standing here "looking dumb".  I would appreciate an explanation on why the memory cards start giving check sum messages. We had this happen in several precincts and one of these precincts managed to get her memory card out of election mode and then back in it, continued to read ballots, not realizing that the 300+ ballots she had read earlier were no longer stored in her memory card .  Needless to say when we did our hand count this was discovered.
Any explantations you all can give me will be greatly appreciated.
Thanks bunches,
Lana [Hires]
[More here]

The EFF and a Stanford law school are backing the two students and the Online Policy Group, a non profit founded by the EFF's media relations director Will Doherty.

"Instead of paying lawyers to threaten its critics," said the EFF's legal director Cindy Cohn in a statement, "Diebold should invest in creating electronic voting machines that include voter-verified paper ballots and other security protections."

The EFF hopes that the DMCA's safe harbor provision will apply. This gives ISPs the right to restore material. An educational institution can in some circumstances be exempt from copyright infringement liabilities. ®

Related Stories

Fraud potential found in e-voting systems
Black Box Voting Author replies
Computer ballot outfit perverts Senate race, theorist says

Choosing a cloud hosting partner with confidence

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
Facebook, Apple: LADIES! Why not FREEZE your EGGS? It's on the company!
No biological clockwatching when you work in Silicon Valley
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
Sysadmin with EBOLA? Gartner's issued advice to debug your biz
Start hoarding cleaning supplies, analyst firm says, and assume your team will scatter
YARR! Pirates walk the plank: DMCA magnets sink in Google results
Spaffing copyrighted stuff over the web? No search ranking for you
Microsoft EU warns: If you have ties to the US, Feds can get your data
European corps can't afford to get complacent while American Big Biz battles Uncle Sam
Don't bother telling people if you lose their data, say Euro bods
You read that right – with the proviso that it's encrypted
prev story

Whitepapers

Cloud and hybrid-cloud data protection for VMware
Learn how quick and easy it is to configure backups and perform restores for VMware environments.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Three 1TB solid state scorchers up for grabs
Big SSDs can be expensive but think big and think free because you could be the lucky winner of one of three 1TB Samsung SSD 840 EVO drives that we’re giving away worth over £300 apiece.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.