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Diebold To Drop Suit Against Whistleblowers

segment writes "Fox News reports that 'Diebold said it would not sue dozens of students, computer scientists and Internet service providers who had received cease-and-desist letters from the company from August to October,' which is great for academia land, but one should still ponder using Diebold on any level: 'an executive scolded programmers for leaving software files on an Internet site without password protection.' Kind of a scary thought with all the United States went through during the Bush/Gore election, imagine the theories should a Diebold product be used in a situation like that. " Reader doormat points out, however, that "the EFF is still going after Diebold over the C&D letters." Several readers also submitted links to Paul Krugman's New York Times column about Diebold's approach to public trust and accountability.

19 of 190 comments (clear)

  1. They should drop something else first: by jkrise · · Score: 4, Insightful

    Their product, I mean - until it's passed a fitness certificate by a reliable agency. Dropping lawsuits is only a partial respite. The problem lies elsewhere.

    --
    If you keep throwing chairs, one day you'll break windows....
  2. Re:EFF *still* suing? by SimianOverlord · · Score: 5, Insightful

    The logic is to punish the company for using C&D letters as a means to intimidate and harass. After all, they seem to now be admitting the C&D letters were baseless.

    --
    Meine Schwester ist sehr, sehr reizvoll - Nietzsche
  3. Re:EFF *still* suing? by Liselle · · Score: 4, Insightful

    IANAL either, but it seems to me that at the very least it sends a message that you can't abuse the DMCA without paying the fiddler. If companies like Diebold thought they could get away with sending worthless C&D letters to scare people, and then retracting it at the last minute before the case fell through, that's bad news. If the EFF's lawsuit puts some fear of god into at least one litigious corporate numbskull, then it's for the good of everyone, imo.

    --
    Auto-reply to ACs: "Truly, you have a dizzying intellect."
  4. It's a harassment policy by SexyKellyOsbourne · · Score: 5, Insightful

    Companies like Diebold and its cousin, the RIAA, know that they couldn't win an actual court case against groups like BlackBoxVoting and a bunch of college students that get in the way of their draconian agendas, but what they can do is win a warrant to send their corporate servants, the fascist pig cops to trash the place, arrest the owners, take down their websites, and confiscate all their property, most of which is never returned.

    After the harassment, they then drop the suits or whatever so they don't have to lose in court, and move on to other targets. The students still haven't won anything, but as long as Diebold machines live, democracy loses. The only way around it is for everyone to cast an absentee ballot, which HAVE to be hand-counted -- but it's not like voting makes a difference in corporate America, anyways. :(

    1. Re:It's a harassment policy by maximilln · · Score: 3, Insightful

      If one considers the millions of dollars that are poured into developing electronic voting systems, and the millions of dollars spent on half-baked propaganda attempting to convince an ignorant public that such things are inherently secure, and the millions of dollars that are spent covering up for any flaws found in the system...

      Well, all those millions sound pretty draconian to me. Additionally, if it takes that much money to convince someone of something then it can't be a pure honest fact.

      --
      +++ATHZ 99:5:80
    2. Re:It's a harassment policy by October_30th · · Score: 3, Insightful
      If one considers the millions of dollars that are poured into developing electronic voting systems

      R&D.

      and the millions of dollars spent on half-baked propaganda attempting to convince an ignorant public that such things are inherently secure

      Marketing.

      and the millions of dollars that are spent covering up for any flaws found in the system

      Company PR.

      Quite frankly, most corporations do R&D, have marketing people dreaming up ads to convince ignorant public to buy their products and try to spin bad PR into good ("It's not a bug, it's a feature").

      How's Diebold any different? Sounds like circular reasoning to me. "Diebold is evil and therefore their R&D/Marketing/PR is suspicious. Because their R&D/Marketing/PR looks suspicious they must be evil."

      In the end, nobody's forcing the states to buy Diebold's machines.

      --
      The owls are not what they seem
    3. Re:It's a harassment policy by plumby · · Score: 2, Insightful
      In the end, nobody's forcing the states to buy Diebold's machines.

      But no one's giving the state's voters a choice of whether they should trust their votes to it or not.

    4. Re:It's a harassment policy by Afty0r · · Score: 4, Insightful
      Diebold isn't putting a gun to anyone's head forcing them to use Diebold machinery.
      Being fair, if Diebold is using lobbying, PACs, and other forms of legalised bribery at the state or federal level, they are putting a gun to the voters head by proxy...the government rules by force. If the government or state, or county mandates that voters must use Diebold machines, they get no choice. They cannot turn up at the polling station and ask to have their vote registered by hand, can they?
  5. The EFF by Space+cowboy · · Score: 5, Insightful

    I think it's excellent that the EFF is still going after Diebold. I think it's about time that corporate-types realised that actions have consequences, and that using the law as a big stick isn't a good idea. If you have a valid argument, fine; if you're using bully-boy tactics, I think the "throw away the key" attitude approaches mine pretty closely :-)

    Simon

    --
    Physicists get Hadrons!
  6. Score one for the good guys by rm007 · · Score: 5, Insightful

    Amid all the talk of corporate bully tactics that will continue until the lesson is learned, it is worth pausing to consider the potential step forward in bringing more accountability to American society. The ability of groups like the EFF and the various university groups to spread information about something that a large company wants to keep hidden (and use the full force of the legal system to do so) and keep going despite all the pressure against them is certainly a "good thing".

    --


    I've finally got around to changing my sig
  7. Re:EFF *still* suing? by AndroidCat · · Score: 4, Insightful
    Large organizations can fire a DMCA attack by just sending a letter claiming a DMCA violation. This frequently results in ISPs taking down sites or releasing names without any struggle at all. The target of one of these can try a counter-claim, but if the target is an individual, fighting back can be difficult even if the claim is completely bogus like a $cientology avagram.

    Since those claims are sent on penalty of perjury it would be nice to see someone lose a metaphorical hand for frivolous use of them.

    --
    One line blog. I hear that they're called Twitters now.
  8. It appears to me by Karl+Cocknozzle · · Score: 5, Insightful

    That Diebold is now realizing the folly of opening themselves to discovery that filing a suit against the sites hosting the data would open them to. After all, if I go to court and claim I'm running an investigative report, the truthfulness of my report becomes a legitimate issue in court. If you're Diebold, do you really want it to be a matter of public record that your equipment is insecure, poorly designed, and easily manipulated?

    --
    Who did what now?
  9. Re:Are they open source now? by DataCannibal · · Score: 3, Insightful

    Why is it that everytime a story about some problem with voting machines comes up yet another Slashdotter (yawn) comes up with yet another idea (yawn)for building a system that anyone could pick holes in in less than five minutes when the answer is that voting machines are not needed for elections?

    The way to design any system is to start off by defining what it is that a system is supposed to achieve. The only answer that you can then come up with is a secret ballot on paper voting slips.

    How hard is it to understand people? Names and boxes on paper, a pencil and ballot boxes and a counting that is open to verification are all the are needed.

    --
    No but, yeah but, no but...
  10. Re:Um... I thought Diebold machines _WERE_ used! by dentar · · Score: 4, Insightful

    "I believe that opposing it with violence is not only necessary but ethically justified."

    Using violence does not take power away from the govenment, it gives the government MORE power.

    It NEVER works. The only way for average joes to work the system is to pressure their elected things into doing so, without violence, and probably WITH the proper palm greasing.

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    -- I am. Therefore, I think!
  11. Re:Devil's Advocate by arkanes · · Score: 3, Insightful
    Sa I truly, honestly, believe that black people are inferior to whites and therefore I, in my official capacity as a government employee, do my best to ensure that benefits and such go to white people and not black people. Should I be punished for what I believe in?

    It doesn't matter if Diebold (insofar as there is a "Diebold" and not just a grouping of people) truly believes that it's DMCA takedown notices are a legitimate, honest use of the law, although I find it difficult to believe that - it's far more likely that they don't give two shits about the legitimacy of it, and instead are trying to supress information that makes them look bad in an utterly predictable corporate behavior. Thier ACTIONS are reprehensible, at least to me. Thier motives aren't really relevent.

  12. Re:Starting a PAC to lobby for sensible copyright by herrvinny · · Score: 3, Insightful

    Yeah, sure, $10 million against the multibillion dollar RIAA. $10 million is chump change to them.

  13. Re:Um... I thought Diebold machines _WERE_ used! by dentar · · Score: 4, Insightful

    That still does not accomplish anything.

    The best thing anyone can do is create public outcry, and pressure the press into reporting on this sort of thing. Unfortunately, even though NPR has done a halfway decent job reporting on DIEBOLD, as compared with the other bread and circus news outlets (e.g. FAUX news) people still prefer to stick their head in the sand. Destroying a machine at a polling place will not cure apathy.

    In fact, destroying their equipment will get them SYMPATHY that the sycophantic republican press is dying to give them anyway.

    --
    -- I am. Therefore, I think!
  14. The AP version made me cringe by ianscot · · Score: 4, Insightful

    Electronic voting firm drops legal case

    By RACHEL KONRAD
    ASSOCIATED PRESS WRITER

    SAN JOSE, Calif. -- In a major victory for free speech enthusiasts on the Internet, Diebold Inc. has agreed not to sue voting rights advocates who publish leaked documents about the alleged security breaches of electronic voting...

    "Enthusiasts"? Sort of makes it sound like the Bill of Rights is a remote-controlled airplane, doesn't it? (Hey, what's your hobby? Mine is living in a free society... That and Pinochle.)

    Odd word choice in an odd story altogether. (Diebold, a banking company that makes ATMs, bought out this voting machine company. Amazing how their expertise in the one area seemingly doesn't translate. I mean, this story starts when someone cracks into their e-mail system using an employee's ID. Bad start to a story about the lack of security, yes? The e-mails show a geuinely cavalier attitude about the perception of their clients -- bizarre in a banker, you'd think. Then they bluster around sending their C&D letters, the effect only being to make their problems more conspicuous. Does this make sense in a company that makes banking equipment? You'd think they'd have their PR act together. Bankers do not project this sort of cavalier bluster.)

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    "Fundamentalism" isn't about divine morality. It's about human authority.
  15. US Rep Kucinich caused this by linking to memos by Cryofan · · Score: 5, Insightful

    I cannot believe no one has mentioned that Presidential candidate Dennis Kucinich almost certainly caused this to happen by linking to the diebold memos on his US Congressional website, and by calling for a congressional investigation of Diebold's legal actions.

    Kucinich appears to be one of the few politicians who will stand up for the citizen againt the corporations. He is certainly the only presidential candidate to do so....

    --
    eat shiat and bark at the moon