Diebold Chases Links To Leaked Memos

bllfrnch writes "Mary Hodder, over at The Berkeley School of Journalism's bIPlog, reports that electronic voting bigwig Diebold has begun sending cease-and-desist letters to universities whose students are linking to hijacked internal company memos that elucidate the company's level of respect for citizens' right to vote. Particularly shocking is the line: "If voting could really change things, it would be illegal.""

Comments

mirrors

[Anonymous Coward]

list of mirrors here

http://cultcom.com/mirror.html

Copy of cease & desist letter

[Anonymous Coward]

October 28, 2003

James Bruce
Vice President for Information Systems
Massachusetts Institute of Technology
77 Massachusetts Avenue
Room 10-219
Cambridge, MA 02139

XXXXXXXX@mit.edu

Re: Copyright Infringement

Dear Mr. Bruce:

We represent Diebold, Incorporated and its wholly owned subsidiaries Diebold Election Systems, Inc., and Diebold Election Systems ULC (collectively "Diebold").

Diebold is the owner of copyrights in certain correspondence and other material relating to its electronic voting machines, which were stolen from a Diebold computer ("Diebold Property").

It has recently come to our clients' attention that you appear to be hosting a web site that contains Diebold Property. The web site you are hosting infringes Diebold's copyrights because the Diebold Property was reproduced, placed on public display, and is being distributed from this web site without Diebold's consent.

The web site and Diebold Property are identified in a chart attached to this letter.

The purpose of this letter is to advise you of our clients' rights and to seek your agreement to the following: (1) to remove and destroy the Diebold Property contained at the web site identified in the attached chart and (2) to destroy any backup copies of the Diebold Property in your possession or under your control.

Please confirm, in writing, that you have complied with the above requests.

To the best of my knowledge and belief the information contained in this notification is accurate as of the time of compilation and, under penalty of perjury, I certify that I am authorized to act on behalf of Diebold.

Our clients reserve their position insofar as costs and damages caused by infringing activity with respect to the Diebold Property. Our clients also reserve their right to seek injunctive relief to prevent further unauthorized use of Diebold Property, including reproduction, distribution, public display, or the creation of derivative works, pending your response to this letter. We suggest you contact your legal advisors to obtain legal advice as to your position.

We await your response within 24 hours.

Very truly yours,

Ralph E. Jocke

INFRINGING MATERIALS POSTED ON:
XXXXXXXXX.net

Re-inventing the wheel

[Moderation abuser]

Ah how I like to spend my time re-inventing what others have done many times before but in an incompatible manner.

How to distribute documents across a whole organisation in an available manner? I could install Usenet News servers and have them do it, or I could waste weeks writing wrappers round apt-get, hacking dselect and tie myself directly to Debian, and spend time installing apt on hundreds of machines.

Or I could just post the document to a newsgroup... DOH!

My favorite line from their files....

[vidstudent]

First off, I'd like to thank Wired News for linking me a couple of days back regarding this, and Why War? for providing a way for me to get at these files.

Now, then, from a January 2002 memo titled, Nearterm AVTS 4.x roadmap, discussing the classification of a major update as a bugfix:

What good are rules unless you can bend them now and again.

These are just the sort of people I want in charge of the machines that people vote on in my election. No, really. [/sarcasm]

Re:Why don't the idiots use the DMCA?

[register_ax]

http://www.why-war.com/features/2003/10/diebold.ht ml#update

Day Eight, Oct. 28: Amherst and MIT have received cease-desist letters (copy of MIT cease-desist letter). New mirrors are now up at UNC, Duke, Berkeley, NCSU and U Penn.

Diebold has publicly admitted that leaked memos do not meet DMCA standards for copyright infringement. In the Associated Press article, a Diebold representative declares:

... the fact that the company sent the cease-and-desist letters does not mean the documents are authentic -- or give credence to advocates who claim lax Diebold security could allow hackers to rig machines.

"We're cautioning anyone from drawing wrong or incomplete conclusions about any of those documents or files purporting to be authentic," Jacobsen said.

Ernest Miller explains that the DMCA requires that documents be authentic; if the documents aren't authentic, it isn't copyright infringement. Our position is that even if the memos are authentic (which we believe they are, or Diebold would be pursuing a libel campaign), they are not copyright infringment as they are covered under DMCA fair use guidelines .

Since some of you have been asking, yes, Swarthmore College is still enforcing its policy of cutting off network access to students who link to information about the memos (or the memos themselves). There have been many discussions of this absurd policy -- see, for instance, LawMeme's analysis -- and we appreciate the letters that are being sent to Dean Gross and The Phoenix (e.g. Seth Finkelstein's). We hope that by expanding to other colleges and universities we can broaden the campaign while minimizing the impact of our own institution's refusal to take a stand. (If other educational institutions encounter such policies, this script may be of help.)

News Flash...

[cnelzie]

The 'last war' with Iraq had been going on since 1991. If you understand basic international diplomacy and what a cease fire really means, you will understand that the war was never declared over, just an end to overt hostilities was declared between the US (and coalition forces) and Iraq.

It was similiar to what continues on today between North and South Korea, those two countries are at war and have been at war for over 50 years. Yes, 50 years. There was never a declaration of peace between North and South Korea, just a cease fire armistice.

I can't blame you for not knowing. I have the impression that most people aren't really taught such truths in school anymore. These days, for one to actually learn the truth, they have to hunt for it themselves.

from Dave Farber's [IP] mailing list:

[treebeard77]

Delivered-To: dfarber+@ux13.sp.cs.cmu.edu
Date: Tue, 28 Oct 2003 21:24:48 -0800 (PST)
From: Joseph Lorenzo Hall
Subject: Students receiving cease-desists from Diebold...
To: Dave Farber , Declan McCullagh

Hi Dave, Declan,

We could really use your help publicizing this.

Myself, along with students from 20 other universities are starting to
receive cease and desist letters from Diebold Election Systems. A copy
of the cease-and-desist letter received by MIT is here:

http://www.sims.berkeley.edu/~jhall/temp/diebold _c -d.pdf

The letters are in response to our coordinated electronic civil
disobedience effort to keep a compressed file of internal Diebold
memos alive and force them to do a legal version of "whack a mole."
We have other students with the files lined up ready to take our place
as sites are taken down.

For more on the disobedience effort, See:
http://why-war.com/features/2003/10/diebold. html

We need help getting the word out and having other institutions/
individuals post mirrors to the files. The Berkeley copies will be
available here (below) until we are forced to take them down or can
convince our University to fight the cease-and-desist actions on fair
use grounds.

http://sims.berkeley.edu/~jhall/nqb/archives/lis ts .tgz
http://sims.berkeley.edu/~parkert/misc/lists .tgz

We are within the bounds of fair use as the memos are highly
newsworthy and seem to implicate illegal activity on behalf of Diebold
Election Systems. A more extensive legal case is available by reading
Wendy Seltzer's response to one of the cease-and-desist letters:

http://www.chillingeffects.org/responses/notice. cg i?NoticeID=912

If you are a student reading this and can host a mirror, send a link
and your institution's name to info@why-war.com .

Thanks for your time,
Joe

Joseph Lorenzo Hall http://pobox.com/~joehall/
Graduate Student blog: http://pobox.com/~joehall/nqb/

"If voting could really change things, it would be illegal."
--Excerpt from a Diebold Election Systems internal memo.
http://why-war.com/features/2003/10/diebold .html

More conflicts of interest

[fiannaFailMan]

From the writings of Greg Palast:

• In 2000, 5 of the 12 directors of Diebold, a leading voting machine manufacturer, made donations totaling $94,750 to predominately Republican politicians;
• Former Florida Secretary of State Sandra Mortham (R) and Former State Election Supervisor of California Lou Dedier (R) both have ties to Election Systems and Software (ES&S), one of our nation's leading voting machine manufacturers and tabulators. Sandra Mortham was a lobbyist for ES&S and the Florida Association of Counties during the same time period. The Florida Association of Counties made $300,000 in commissions from the sale of ES&S's voting machines;
• In Georgia's most recent election, William Wingate, a lobbyist for ES&S, contributed $7,000 to Gov. Roy Barnes (D), $1,000 to Lt. Gov. Mark Taylor (D), and $500 to Secretary of State Cathy Cox (D);
• Michael McCarthy is the Chairman of the McCarthy Group, of which ES&S is a subsidiary. According to Federal Elections Commission (FEC) filings, McCarthy is also the Primary Campaign Treasurer for Republican Senator Chuck Hagel, who (according to FEC filings) is also financially tied to the McCarthy Group by substantial investments (valued between one and five million dollars). According to officials at Nebraska's Election Administration, ES&S machines tallied around 85 percent of votes cast in Hagel's 1996 and 2002 senatorial races.

Occasionally, politicians have used their ties to voting machine companies for fraud and illegal activities:

• Former Louisiana State Elections Official Jerry Fowler (D), is currently serving five years in prison for charges related to taking hundreds of thousands of dollars in kickbacks from voting machine scandals.
• Bill McCuen (D), former Arkansas Secretary of State, pled guilty to felony charges that he took bribes, evaded taxes, and accepted kickbacks. Part of the case involved Business Records Corp. (now merged with ES&S) for recording corporate and voter registration records.

Full Story here.