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California AG Says He'll Sue Diebold

moby11 points to this Reuters story carried by Yahooo!; it begins "California Attorney General Bill Lockyer said on Tuesday he would sue electronic voting machine maker Diebold Inc. on charges it defrauded the state with false claims about its products."

394 comments

  1. Just hope he doesn't have the case in Florida... by jmcmunn · · Score: 5, Funny


    Or the jury will have to count their votes ten times.

  2. A YRO topic?? by bob+beta · · Score: 3, Insightful

    I thought politics.slashdot.org was just set up for this non-online stuff.

    1. Re:A YRO topic?? by echeslack · · Score: 3, Insightful

      I also think they placed it under the wrong topic, but I think this is just as much a general technology issue as it is about politics. I figure politics.slashdot.org is for actual politics. This is really about technology's role in politics, so it makes sense as general news on this sight. Not sure why it would be under yro though. But a lot of stuff gets put under IT that seems entirely unrelated to IT, so who knows.

    2. Re:A YRO topic?? by Lehk228 · · Score: 3, Insightful

      Diebold eVoting machines and their various flaws are not really a political topic, rather a technical topic, now the conspiracy theories about handing the election to bush (regardless of merit) may be political, the machines and their (lack of) adoption and use is Tech related.

      --
      Snowden and Manning are heroes.
    3. Re:A YRO topic?? by stefanlasiewski · · Score: 1

      It is in politics.

      There are 3 topic icons above: United States, YRO and Politics.

      --
      "Can of worms? The can is open... the worms are everywhere."
    4. Re:A YRO topic?? by Anonymous Coward · · Score: 1, Insightful

      I thought politics.slashdot.org was just set up for this non-online stuff.

      You're right, the topic has nothing to do with nerd stuff and it obviously doesn't matter. The political sideshow of personal attacks on Shelley, an opponent of election fraud, isn't worth mentioning either. Until everyone can buy government on EBay it simply isn't online enough for consideration by anyone other than patriots.

    5. Re:A YRO topic?? by Anonymous Coward · · Score: 0

      Isn't the parent actually "flamebait" or "troll"? How did it get "interesting *WHEN IT IS NOT*???

    6. Re:A YRO topic?? by WindBourne · · Score: 2, Insightful

      In fact, the CEO of Diebold promises to deliver GWB for president. After he goes to prison for doing so, the next CEO may be a democrat who will then do the same.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    7. Re:A YRO topic?? by Petronius · · Score: 2, Insightful

      Soon someone will be asking why it's not posted under crazyliberalconspiracytheories.slashdot.org . That's why it needs to be posted on the homepage.

      --
      there's no place like ~
    8. Re:A YRO topic?? by Anonymous Coward · · Score: 2, Interesting

      But if the CEO of Diebold really does deliver the White House to GWB, he won't to to prison... He'll be a Real American Hero, just like Katherine Harris, who delivered the last election to GWB on a silver platter. Hint: Chads were the diversion, erroneously disenfranchised blacks were the election theft.

    9. Re:A YRO topic?? by jxs2151 · · Score: 1

      One generally uses the term "in fact" when one is referring to actual facts.

    10. Re:A YRO topic?? by arkanes · · Score: 4, Insightful
      He did, in fact, say this, although it was in the context of a speech at a fundraiser dinner. I think it's inappropriate for the CEO of a company that makes voting machines to be so obviously partisan, and it certainly wasn't the wisest thing he could have said, but I don't read a massive conspiracy to defraud into it the way some people do.

      That said, while most of the problems with Diebold software can easily be explained by total incompetence and lack of regard for the importance of correct behavior (as opposed to the appearance of correct behavior), some thing are very hard to see as anything except a deliberate creation of a way to manipulate votes.

    11. Re:A YRO topic?? by jxs2151 · · Score: 1

      When one uses "in fact" one does not disingenuously twist the meaning of the statement. Ah, forget it. I am tired of getting karma-whacked for having an unpopular viewpoint.

    12. Re:A YRO topic?? by arkanes · · Score: 0, Offtopic

      You're being karma-whacked for being stupid, not for being unpopular (is stupidity unpopular?). It's a documented fact that he said it. If you wanted to clarify the issue and perhaps cut down on some of the knee-jerking that sort of statement tends to make, do that instead of making single line, incorrect, trollish posts.

    13. Re:A YRO topic?? by mefus · · Score: 1

      I thought politics.slashdot.org was just set up for this non-online stuff.

      Think sneakernet.

      --
      mefus
      In Open Society, GPL Software frees YOU!
    14. Re:A YRO topic?? by Anonymous Coward · · Score: 0

      You'd never even consider that your viewpoint is so alien to the facts that would cause your karma whack, would you.

      good little dittohead. Hope you are enjoying the cost of living hikes being shoved up your a** because you wanted a few dollars in taxes...

    15. Re:A YRO topic?? by Pig+Hogger · · Score: 1
      When one uses "in fact" one does not disingenuously twist the meaning of the statement. Ah, forget it. I am tired of getting karma-whacked for having an unpopular viewpoint.
      This is slashdot, where you better love Amerika, or else...
    16. Re:A YRO topic?? by Anonymous Coward · · Score: 0

      If it's merely a technical topic what does it have to do with your rights online?

    17. Re:A YRO topic?? by dave420 · · Score: 1

      The how is technical, the why is political. They're two parts of the same problem, and it's very, very hard to draw the line. After all, the technical "features" could be politically motivated.

    18. Re:A YRO topic?? by Zorilla · · Score: 1

      This is what happens when a news page gets too many subsections. You could very well have a news article fall under IT, Linux, YRO, and Politics at the same time. To the demise of many optometrists, they tend to get attributed to IT and YRO quite a bit though.

      --

      It would be cool if it didn't suck.
    19. Re:A YRO topic?? by WoodstockJeff · · Score: 1
      Hint: Chads were the diversion, erroneously disenfranchised blacks were the election theft.

      Strange that the districts that had the problems which you seem to blame on "disenfranchised blacks" were under the direct electorial control of local Democratic administrations. While you blame Katherine Harris, if there was anyone trying to keep blacks from voting in Palm Beach and the other hand-picked areas of disputed counts, it wouldn't have been Republicans doing it.

      Not to mention that every one of the privately-sponsored, post-election recounts done by various news organizations showed that Bush had more votes than Gore. Or that Gore's people petitioned to have the absentee ballots of military personnel excluded, disenfranchising them.

      The recounts requested by Gore in selected districts, rather than state-wide, exceeded that which was permitted under Florida law. The Florida Supreme Court should have stopped them, but didn't - they chose to ignore the law. The U.S. Supreme Court was asked to step in, and they did.

      What I find amusing is how Democrats tell Republicans to "get over" the fact that Clinton committed purjury while in office, but cannot bring themselves to "get over" the fact that Al Gore couldn't find enough defective ballots with his name on them to win Florida. Hell, if he'd have carried his home state, Florida wouldn't have mattered!

    20. Re:A YRO topic?? by jafac · · Score: 1

      ......while most of the problems with Diebold software can easily be explained by total incompetence and lack of regard for the importance of correct behavior. . .

      Seems to be the stock explanation these days for a range of issues, from Enron, to the S&L failures and Iran Contra scandals of the 1980's to the bad WMD evidence, to 9/11, Abu Ghraib, Chalabi-gate, Richard Pearle/Lord Black, etc - - -

      "It's not my fault, I didn't know that my associates were being dishonest. I wasn't in the loop."

      Seems like a few people are getting paid a whole lot of money for being incompetent boobs. Or maybe they were thieves after all. . .

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    21. Re:A YRO topic?? by bob+beta · · Score: 1

      It's a documented fact that he said it. But it's widely taken out of context.

      The context in which he said it is similar to a spokesman for Nike or New Balance saying 'You, Joe Athlete will wear our shoes when crossing the finish line.'

      The company spokesperson can say such a thing without the sneakers having some special property that allows the athlete to cheat.

      The fact that the Diebold president's statement is taken wildly out of context detracts from the real issues here of the durabilty of the voting system his company offers. It makes the people bending his statement in such a fashion seem like demagogues.

  3. And then what? by JakeThompson1 · · Score: 3, Interesting

    So they will sue Diebold, win, and use the money to buy more Diebold products? After all, they are probably engaged in some type of "e-vote upgrade" and have already sold their "old" optical/mechanical/etc. machines to "poorer" [not considering the CA budget deficit] states.

    Have they considered vendor lock-in?

    1. Re:And then what? by nharmon · · Score: 5, Interesting

      Actually, it would be fitting for Diebold to refuse to sell to California.

      This would be similiar to when governments began sueing Ford Motor company because their Crown Victoria police cars would explode after being hit in the rear by vehicles traveling at highway speeds. When the state filed charges, Ford stopped selling them cars.

      So, this begs the question,...is California still buying diebold machines? Because if they are, then this lawsuit is nothing about ensuring voting integrity.

    2. Re:And then what? by AuMatar · · Score: 4, Informative

      Diebold machines have been ruleed illegal in the state.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    3. Re:And then what? by Anonymous Coward · · Score: 1, Interesting

      This would be similiar to when governments began sueing Ford Motor company because their Crown Victoria police cars would explode after being hit in the rear by vehicles traveling at highway speeds. When the state filed charges, Ford stopped selling them cars.

      Is there a shortage of other car vendors willing to sell to police forces?

      Cars aren't built to take massive damage from behind because it almost never happens (aside from police cars parked on the side of the highway). Besides, there is a trunk between the passengers and rear bumper to provide a crumple zone. This isn't a flaw, it's a design choice.

      Being hit from behind is one of the safest possible collisions.

    4. Re:And then what? by triffidsting · · Score: 1

      Indeed. They will be found guilt, and a fine will be levied. Diebold'll pay with old voting machines. Which are illegal to use now in CA, so they will sit in a warehouse somewhere and gather dust until the cockroaches inherit the earth.

      At least old Will Smith CDs are smaller and easier to transport.

      --
      Non, je ne veux pas coucher avec toi ce soir.
    5. Re:And then what? by cmowire · · Score: 1, Offtopic

      Offtopic but.....

      Actually, that's the funny part about police cars. They are very careful about which cars are allowed to do pursuit. It's the Crown Vic and one other.

      The problem is that, until very recently, a police car *must* be rear wheel drive. To change that requires a lot of retraining of police officers because all of the RWD stunts don't work anymore.

      And, of course, all of the newer cars are front wheel drive, so it's awfully hard in general to convince a car company to make a hotrod RWD sedan *just* for the police market.

      So it is an effective lawsuit deterrent.

    6. Re:And then what? by Talez · · Score: 1, Offtopic

      In Australia we have a simple solution.

      Our flagship cars are still RWD. The Ford Falcon and Holden Commodore are both RWD and are both Australia's biggest selling large sedans.

      They come with engines ranging from 219 (3.6L) V6s to 357 V8s. There was a Holden HSV 427 coming to market but it was dropped.

    7. Re:And then what? by Trogre · · Score: 0, Offtopic

      So it was a win-win situation.

      Ford got to keep their pride, and satisfaction of what they could do to people who tick them off.

      And California didn't have to look at Ford motor cars for a while.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    8. Re:And then what? by Jaysyn · · Score: 1

      Aren't the Chrysler 300M & Dodge Magnum both heavy, reasonably fast, RWD vehicles? I know I've already seen Dodge Intrepids & Chevy Luminas used as traffic police vehicles in North Florida. I've seen FHP use Mustangs, Camaros (*she's* a bitch too), Crown Vics, & one or 2 `96 Impalas (probably confiscated).

      Jaysyn

      --
      There is a war going on for your mind.
    9. Re:And then what? by Pig+Hogger · · Score: 1, Offtopic
      Cars aren't built to take massive damage from behind because it almost never happens (aside from police cars parked on the side of the highway). Besides, there is a trunk between the passengers and rear bumper to provide a crumple zone. This isn't a flaw, it's a design choice.
      So this explains why the Pinto exploded: it had no trunk...
    10. Re:And then what? by xs650 · · Score: 1

      The Ford Crown Victoria is also rear wheel drive.

    11. Re:And then what? by xs650 · · Score: 1

      " Actually, it would be fitting for Diebold to refuse to sell to California."

      Sounds good to me. That would be a good stopgap measure.

    12. Re:And then what? by R2.0 · · Score: 2, Interesting

      I also think another factor clouding the issue is that, statistically, Crown Vic's *don't* explode more often then other cars when struck from behind by a car moving at highway speeds. But Crown Vic's are the single model most involved in this type of collision, specifically because police use them so predominantly.

      So now the argument has changed to a warrant of merchantability type thing: in selling Crown Vic's as police card, Ford warranted that they were suitable for use as police cars. Since police cars are especially likely to be involved in high speed rear end collisions, the police cars should be able to withstand them better than other cars. Since they don't (ref previous statistics), they are incorrectly designed for police use, and so Ford is liable.

      As for the tin-foil-hattism about Ford refusing to sell police cruisers to states that sue them, well DUHHH! Ford is not compelled to sell their products to anybody (except race/creed/gender, etc.) and to continue to sell products to an entity that is suing you is stupid. It's like letting the slip-and-fall plaintiff back into your grocery store - it's just giving them another chance to sue.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    13. Re:And then what? by innocent_white_lamb · · Score: 1

      Actually, that's the funny part about police cars. They are very careful about which cars are allowed to do pursuit. It's the Crown Vic and one other.

      Around here, the RCMP (Royal Canadian Mounted Police) pursuit cars are Ford Mustangs.

      --
      If you're a zombie and you know it, bite your friend!
    14. Re:And then what? by red+floyd · · Score: 0, Offtopic

      I think it's the Chevy Celebrity.

      However, for a while, the CHP (CA Highway patrol) bought and certfied Mustangs, so as to be able to keep up with some of the higher powered cars on the freeways.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    15. Re:And then what? by mrchaotica · · Score: 1

      The Chrysler 300M and Dodge Magnum are brand new. They haven't had time to be used for police cars yet.

      I've also seen Dodge Intrepids, which now seems really odd to me since they're not rear wheel drive.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    16. Re:And then what? by sydsavage · · Score: 1
      Cars aren't built to take massive damage from behind because it almost never happens (aside from police cars parked on the side of the highway).

      Well, some cars, such as NASCAR and military vehicles, which are expected to take rear-end hits, have safety features such as fuel tank bladders and shielding between the trunk and passenger compartment. The expensive factory-equipped police cruisers lack these safety features, even though high-speed rear-end collisions are more common in a vehicle used for police duty, as you point out.

      Besides, there is a trunk between the passengers and rear bumper to provide a crumple zone. This isn't a flaw, it's a design choice.

      You are correct that this is a design choice. But it is a flawed design. According to federal statistics, the Crown Victoria is more likely to catch fire when rear-ended than any other car.

      The design flaw is this: the gas tank is positioned between the rear axle and the rear bumper, and is ruptured on a rear end collision when it wraps around the axle. See, the 'crumple zone' is a metal container filled with a flammable liquid. To make matters worse, there are sharp bolts and other protrusions in the area of the gas tank, increasing the likelyhood of a breach. Ford, while not accepting responsibility for the design flaw, has nonetheless issued a recommendation that a hex-head bolt attached to the rear bumper be replaced with a round-headed fastener, and that a metal tab on the undercarriage be ground down.

      After several deaths and one very public disfigurement, the Phoenix Police Department has retrofitted their Crown Victorias with a gas tank bladder, similar to what is mandated by most if not all racing sanctioning bodies, such as NASCAR.

      The part of this story that I find interesting, is that Ford has had problems with gas tank designs going back to the sixties, even before the well known Pinto debacle. Starting with the 'drop-in' tank of the early Mustang, where the gas tank acted as the floor of the trunk. This design flaw caused the passenger compartment to be sprayed with a mist of gasoline on rear-end impact. See here.

      The reason the Pinto incident became so well known, was that Ford knew there was a fatal design flaw, but decided it would be cheaper in the long run to settle with the injured or deceased families than to redesign the gas tank, or fit the cars with a $1 plastic baffle to lessen the likelyhood of it rupturing. The Pinto gas tank had the exact same flaws (mounted between bumper and axle, and sharp objects in it's vicinity) as the current Crown Vics.

    17. Re:And then what? by AndyChrist · · Score: 1

      Maybe this explains the CHP Camaros I saw.

      Unfortunately it also explains the Malibus and Impalas (FWD crap!).

    18. Re:And then what? by glesga_kiss · · Score: 1
      Cars aren't built to take massive damage from behind because it almost never happens

      Are you getting this from somewhere, or just assuming it? Because every single motorway/highway pileup is chock full of rear end collisions, often from cruising speed to rest in a fraction of a second. I'd guess that they are one of the most common impact types.

      Being hit from behind is one of the safest possible collisions.

      As long as you are wearing your seatbelt and your seat has a headrest that is. Otherwise you are in whiplash city.

    19. Re:And then what? by lynx_user_abroad · · Score: 1
      Diebold'll pay with old voting machines. Which are illegal to use now in CA, so they will sit in a warehouse somewhere and gather dust until the cockroaches inherit the earth.

      One of the overlooked problems with electronic voting machines is that, even if they are perfect in every way, they'll still "...sit in a warehouse somewhere and gather dust..." for the next four years, be trotted out for one day, then sit in a warehouse for another four years.

      If I asked someone to do reasonable work on a computer which was "inexpensive" back in 2000 (this was the Pentium III @ 500Mhz era) I'd be accused of crimes against humanity. We expect volunteer election officials to keep half-decade old computer equipment running reliabily when it isn't even run on a daily basis for most of it's life?

      Computer equipment is the most unlikely candidate for long-term depreciation, especially while Moore's Law is still in effect.

      --

      The thing about things we don't know is we often don't know we don't know them.

    20. Re:And then what? by PurplePhase · · Score: 1

      So if Diebold is fined, and they give CA election machines to pay the fine (a la M$), can they then be immediately charged under criminal law? Or since CA doesn't have to *use* the machines they just act as a commodity and CA has to try pawning off (state-illegal) merchandise to another state or country...

      Ow. My brain hurts.

      8-PP

    21. Re:And then what? by Jaysyn · · Score: 1

      Sure, but I was respoding to this.

      "And, of course, all of the newer cars are front wheel drive, so it's awfully hard in general to convince a car company to make a hotrod RWD sedan *just* for the police market."

      No need to convince, they are already out there.

      Jaysyn

      --
      There is a war going on for your mind.
    22. Re:And then what? by Datafage · · Score: 1

      Before this year, though, they weren't. The Camaro was cancelled and there simply were NO suitably fast and cheap rear drive cars available, except the Crown Vic but if Ford decided to abuse the position of being the only company to make a rear drive sedan...

      --

      Nicotine free Amish .sig.

    23. Re:And then what? by Jaysyn · · Score: 1

      A quick update for you, Dodge actually is making a Police Interceptor version of the Magnum 2006 & is offering the Magnux STX(SXT?) in a police package currently. My mechanic & I got in the same discussion.

      Jaysyn

      --
      There is a war going on for your mind.
    24. Re:And then what? by Datafage · · Score: 1

      Did you see where I said BEFORE THIS YEAR? There was a good chunk of time between the cancellation of the Camaro and the introduction of the Magnum. That's what the people here are talking about.

      --

      Nicotine free Amish .sig.

    25. Re:And then what? by Jaysyn · · Score: 1

      Well fine, be a dick, it was news to me.

      Jaysyn

      --
      There is a war going on for your mind.
    26. Re:And then what? by MrResistor · · Score: 1

      However, for a while, the CHP (CA Highway patrol) bought and certfied Mustangs, so as to be able to keep up with some of the higher powered cars on the freeways.

      Indeed they did, but Mustangs are crap so they went to the Camaro, but now Chevy doesn't want to make those anymore, so that basicly leaves the Corvette, which is just too expensive. Any given office only has, at most, one or two of the fast cars though, and they're reserved for senior officers. Everybody else gets a Crown Vic.

      What the CHP, and several other agencies, really want is for Chevy to make a new Caprice, which was supposedly the greatest cop car of all time. Essentially they want a sedan body on a Tahoe frame.

      The Dodge Magnum could certainly be a contender, especially if they made a sedan version.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    27. Re:And then what? by MrResistor · · Score: 1

      Are you getting this from somewhere, or just assuming it? Because every single motorway/highway pileup is chock full of rear end collisions, often from cruising speed to rest in a fraction of a second. I'd guess that they are one of the most common impact types.

      Actually, cop cars are much more likely to be hit from behind.

      The most basic reason is that they spend a lot more time stationary on the sides of roads where drivers aren't really expecting there to be stationary cars. Also, drunks seem to be drawn to the flashing lights like moths to a flame. The lights grab their attention, and thanks to their impairment the car is more likely to go where they're looking.

      My source for this is my wife, who is a CHP Officer.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    28. Re:And then what? by MrResistor · · Score: 1

      The Crown Vic is still the workhorse car for the CHP. There are a few Camaros, but at most there's only one or two in any given office (IIRC my wife's office doesn't have any Camaros, and she's in South LA).

      They're trying to get Chevy to make a new Caprice, basicly a sedan body on a Tahoe frame, but for the time being the Crown Vic is the only rear wheel drive production sedan available, and nobody's happy with it. Chevy could make a fair amount of money on a new Caprice, as could Dodge if they made a sedan version of the Magnum.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    29. Re:And then what? by Aidtopia · · Score: 1
      Diebold machines have been ruleed illegal in the state.

      Certain models were rejected by some counties. I'll be voting on a Diebold touchscreen in Alameda County, California this November.

  4. From TFA... by nuclear305 · · Score: 5, Interesting

    "Secretary of State Kevin Shelley has said Diebold deceived California with aggressive marketing that led to the installation of touch-screen voting systems that were not tested or approved nationally or in California."

    From the sounds of it, the person(s) involved with authorizing the installation gave in to Diebold's hype without bothering to give system a thourough inspection/review prior to making the decision. In addition to suing Diebold, maybe the AG should be looking for some heads to chop for making a bad situation[company pushing false claims] even worse[installation and failure of product]?

    1. Re:From TFA... by Anonymous Coward · · Score: 3, Insightful

      Maybe Diebold should cowboy the fuck up and accept its responsibility as an aid to the democratic process of the United States of America instead of diddling about as an aid to the Republican Party.

    2. Re:From TFA... by nharmon · · Score: 4, Insightful

      Well, since they didn't bother to test the machines, then the state shares in some of the blame.

      Mayber caveat emptor doesn't apply to the gov'ment?

    3. Re:From TFA... by DAldredge · · Score: 4, Informative

      Because we all know that Democrats never commit vote fraud. Just ask all the dead people at the polls in chicago ;->

    4. Re:From TFA... by Money+for+Nothin' · · Score: 2, Interesting

      Agreed Diebold should admit their fault.

      Can I be the first to point out the political party affiliation of the governor of California -- namely, a Republican? That same Republican's state govn't pays the salary of the AG.

      And the AG is suing Diebold, who are Republican shills.

      That should say a lot about:

      1) the integrity of that Republican (Schwarzenegger), and

      2) the sheer incompetence and shilling performed by Diebold

    5. Re:From TFA... by kagaku · · Score: 2, Funny

      I thought we were calling them the gummint now?

      --
      everyday is another shooter.
    6. Re:From TFA... by Dhalka226 · · Score: 2, Informative

      What really surprises me is the last half of what you quoted: "that were not tested or approved nationally or in California."

      Who could authorize the move to Diebold's system, the Sec of State? And how the hell did he manage to let a fact like not being approved in his own state slip by? How did the people funding the change not realize it?

      Somebody's head should be chopped for that alone, nevermind Diebold's other faults. That is just incompetence as far as I'm concerned, and a basic lack of fact-checking.

    7. Re:From TFA... by Anonymous Coward · · Score: 2, Informative

      actually, in this case, it applies a lot less than it would normally. the outcome of this lawsuit, and the quality of the workmanship and technology put into the diebold devices could very well affect an election, probably the most sacred and important events in a democracy. saying, "oops, we didn't test it, guess we have to deal with it!" is not only irresponsible, it's also preventable.

      you learn from the mistakes this time around, but that doesn't mean you have to live with the consequences.

    8. Re:From TFA... by Ralph+Wiggam · · Score: 3, Informative

      The reason they are filing a lawsuit is because Diebold was apparently intentionally misleading in thier "aggressive" marketing of the product. Yes, the state should have done some independant verification of some things. The fact is that we have laws saying that you can't blatantly lie about your product.

      To reply:
      I've always used "guv'mint".

    9. Re:From TFA... by Anonymous Coward · · Score: 0

      Where's the money in that?

    10. Re:From TFA... by Anonymous Coward · · Score: 0

      Hey mods--DAldredge may be an imbecile, but this comment of his wasn't flamebait (at least not any more than the parent post). And I say this as a liberal Democrat myself.

    11. Re:From TFA... by themaddone · · Score: 3, Interesting

      Almost, but no.

      According to the website, http://caag.state.ca.us/ag/index.htm

      Under the state Constitution, the Attorney General is elected to a four-year term in the same statewide election as the Governor, Lieutenant Governor, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction and Insurance Commissioner. In 1990, voters imposed a two-term limit on these statewide offices.

      Meaning you can't draw a conclusion about the Governator's integrity, since he very likely wasn't involved in this decision at all.

    12. Re:From TFA... by greg_barton · · Score: 1

      Well, since they didn't bother to test the machines, then the state shares in some of the blame.

      Lawyer: The victim was walking down an empty street at night.
      Judge: I guess he shares the blame in his brutal cold blooded murder. Probation for the defendant. Next case!

    13. Re:From TFA... by Money+for+Nothin' · · Score: 1

      Hmm, so the AG isn't paid by the Governator -- actually, that makes sense as I think about it; of the CA govn't, one is part of the executive branch, one is part of the judiciary. If the public doesn't like either person, they can be voted out in the next term or resign under public pressure, but the Governator can't fire the AG just for not taking cases he likes (which isn't to say Arnie couldn't pressure the AG to take cases Arnie wants, but from a PR perspective, that would look terrible).

      (in fact, the AG could theoretically wind up prosecuting Arnie should he commit some major crime, as occurred with IL AG Lisa Madigan in suing IL's corrupt governor, George Ryan)

      Good point. I'm willing to admit my mistakes. :-)

    14. Re:From TFA... by bigsteve@dstc · · Score: 4, Informative
      Well, since they didn't bother to test the machines, then the state shares in some of the blame.
      Well, no.

      The purchasor has no legal obligation to verify that claims made by the vendor are true. The obligation is entirely on the vendor. And if the vendor makes untrue claims, a court may award damages, or even find the vendor guilty of fraud.

      Mayber caveat emptor doesn't apply to the gov'ment?
      Caveat emptor is common sense, but it is not a legal principle.

      Caveat emptor says that if I buy second hand car, I would be wise to get an independent mechanic to check its condition. After all, everyone expects used care salesmen to be a bit shonky. But it I buy a brand new car, I shouldn't have to do this. I should be able to trust Ford / General Motors to design and build cars that are mechanically sound when they leave the showroom.

      In this particular case, it is not clear to me whether the State of California or individual voting districts (?) purchased the machines. Either way, the purchaser was entitled to believe Diebold's assertions about the products' fitness for use at face value. Given that Diebold does not disclose its source-code, the purchasors have little choice wrt voting integrity issues.

    15. Re:From TFA... by Darby · · Score: 1

      Just ask all the dead people at the polls in chicago ;->

      Come on now, do you seriously believe that people got up out of their graves, marched down to the polls, and voted?

      Now, granted, lots of live people voted for the dead people, but isn't that what great great great great great grandma would have wanted.

      By the way, I live in Chicago "Where even the dead vote early and often".

    16. Re:From TFA... by 16K+Ram+Pack · · Score: 1
      You know what? The minute any bastard comes near me with aggressive marketing, I show them the door. Simple as that.

      Any cockroach involved in that generally doesn't give a shit about what happens once the ink is dry and the cooling off period has occurred.

      Here in the UK, the best example is double glazing. There are stories of people having salesman with them for like 4 hours before basically signing to get them to piss off and then enacting the cooling-off period.

      Then again, I buy almost everything on word of mouth, not who is in the Yellow Pages.

    17. Re:From TFA... by xSauronx · · Score: 1

      i call them lousy bastards but whaever works for you is fine by me

      --
      By and large, language is a tool for concealing the truth. -- George Carlin
    18. Re:From TFA... by dcw3 · · Score: 1

      Maybe Diebold should cowboy the fuck up and accept its responsibility as an aid to the democratic process of the United States of America instead of diddling about as an aid to the Republican Party.

      Yes they should! But WTF is insightful about the parent's comment? Could it be that some of our moderators find that party bashing is insightful instead of flamebait? Why do you assume that the majority of Republicans aren't against the crap that Diebold was pulling?...everyone I know wants a reciept!

      --
      Just another day in Paradise
    19. Re:From TFA... by Rich0 · · Score: 2, Informative

      Caveat emptor is common sense, but it is not a legal principle.

      Actually, it is legal principle.

      If you buy a house with major defects in plain view, and then decide six months later to sue to get your money back, you'll probably have trouble. On the toher hand, if the house has hidden major defects that the prior owner knew about, you might be able to get your money back.

      Caveat emptor basically says that you can't back out of a deal simply because you kept your eyes tightly shut when going into the deal. If there was a problem that you should have seen, then you are expected to have done enough research to have seen it.

      Now, if there is a defect in plain view that only somebody with a Ph.D. in engineering would recognize then caveat emptor would not apply.

      The fact that we bother to use a latin term for this concept should clue everyone in that it is in fact a legal principle...

    20. Re:From TFA... by Anonymous Coward · · Score: 0

      Good luck getting anyone in the USA to take responsiblity for anything anymore. Ok, that's an exageration, but many companies wont voluntarily take responsibilty for anything. And politicians? Look at Bush, the buck stops where? Of course, there's us the people -- buy a $30,000 SUV they can't afford so they _look_ rich and have a $10,000 credit card debt. Throw in a national debt that's growing again because people would rather their children pay for their lifestyles rather than live within their means. Maybe our children will be a bit more responsible than our parents and my peers are.

    21. Re:From TFA... by Anonymous Coward · · Score: 0

      Acceptance Testing, Post Implementation review, and maintenance were also substandard by the state. Of course the managers who signed off on these should wear the consequences.

    22. Re:From TFA... by Chris+Burke · · Score: 1

      If I recall correctly, what happened is that the State approved one or several versions of Diebold's voting software and then, once the voting machines were already fielded and about to be used in real elections, Diebold engineers came in and changed the voting software to a version that was not on the approved list. They did not have approval to do this, and it is part of what got them bitchslapped several months ago.

      --

      The enemies of Democracy are
    23. Re:From TFA... by Peaceful_Patriot · · Score: 1

      There seems to be a difference in the types of fraud committed by Repubs and Dems. It seems that the Repub version of fraud is massive...ie. stealing billions of dollars from California during the fake energy crisis, manipulating the stock market, changing the rules for the lumber companies to once again allow the raping of the forests in the western US and call it the 'Forest Protection Act.' Invading other countries to enrich select industries and companies....Making deals with the pharmacutical companies to protect their profits and selling it as 'Medicare reform' and pretending it will help seniors. And on and on.

      Democrat fraud seems to be on a much smaller scale. Local thievery and dirty deals to increase their personal wealth or power.

      --
      There is nothing so powerful as an idea whose time has come.
  5. Re:Just hope he doesn't have the case in Florida.. by Paster+Of+Muppets · · Score: 1

    Hopefully not using those electronic voting machines...

    --
    Due to lack of disk space this user has been discontinued
  6. Re:Just hope he doesn't have the case in Florida.. by Anonymous Coward · · Score: 0

    We the jury, find the defendant, to be DENNIS.

  7. Recoup some of our money by tonydiesel · · Score: 5, Insightful

    Good. With California (still) facing rather sizable budget deficits and having paid Diebold so much money to begin with, this seems like a good step. I'm worried about the 2004 election in our state, we don't have enough machines, volunteers or money to solve the problems. Since my taxes went toward paying for those machines in the first place, I'd be happy to see the state get some of my money back so it can put it towards the stuff it really needs.

    Too bad about the criminal case though, it may not be fair, but Diebold sure seem like a bunch of crooks to me!

    1. Re:Recoup some of our money by gmletzkojr · · Score: 1

      In my area of my state (PA), we vote the old fashioned way - a pencil tied to a string (to prevent theft) and a sheet of paper. Laugh if you will, but the paper trail remains. The forms are the standardized test-type (fill in the oval, make the mark dark, no stray marks, ugh), but they are hand counted.
      I've thought about these automated voting machines alot. Our method, although laughable upon an initial look, is fairly open in the sense that anyone that can count can verify the results of our town. No complicated machines with closed source code.
      Perhaps a low-tech answer is what we really need...

      --
      I for one welcome our new [insert main topic] overlords.
    2. Re:Recoup some of our money by bigsteve@dstc · · Score: 1
      Common sense says that California should go back to the tried-and-true method of putting ticks in boxes on a piece of paper. It is the most transparent voting system that there is.

      Saving Nemo.
      Hanging Chad.

  8. Upset? by buckhead_buddy · · Score: 5, Informative
    Well, the President of Diebold did claim in 2003 that his company was
    committed to helping Ohio deliver its electoral votes to the president next year.
    I suppose the California officials are upset that Diebold didn't include their state in the obvious corruptions of an opaque and unmonitorable voting system.
    1. Re:Upset? by Anonymous Coward · · Score: 0

      No, he said " I am committed to helping Ohio deliver its electoral votes to the president next year." Notice that first-person pronoun? The statement takes on an entirely different, equally plausible, and less conspiratorially ominous meaning when you use the appropriate noun. But, oh wait, this is /.

    2. Re:Upset? by ryanvm · · Score: 0, Flamebait

      Guess what, dipshit? Whoever wins the election will be the president next year. Oh, what a horrific conspiracy!!

    3. Re:Upset? by Anonymous Coward · · Score: 0
      committed to helping Ohio deliver its electoral votes to the president next year.

      well if their system doesn't say the president is the winner (or the winner is the president), we've got an even bigger problem.

    4. Re:Upset? by baltimoretim · · Score: 0, Flamebait

      Guess what, asshole? As recounted in most of links posted in this thread (and this one: eff whitepaper), whoever controls these machines can determine the "winner" of the next election. Not the voters. When voters may be disenfranchised without knowing about it and without recourse to an audit/recount, that is a horrific conspiracy.

    5. Re:Upset? by Guppy06 · · Score: 1

      "committed to helping Ohio deliver its electoral votes to the president next year."

      At which point the president will say "No, you want that other white building, over there. Yeah, the one with the funny dome on the top of it."

      This will be after the electors in Columbus tell the confused Diebold representatives "No, we're not supposed to use those machines you bought, we have to write the names down on these sheets of paper by hand. And then mail them. You know, through the Postal Service and all?"

      Something tells me Ohio might not be counted in the electoral vote next January... :)

    6. Re:Upset? by lawpoop · · Score: 1

      "The president is the winner" != "The winner is the president". The winner is sworn in some two months down the road. "The president is the winner" is okay, but "The winner will be president".

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    7. Re:Upset? by ryanvm · · Score: 1

      First and most importantly - nobody was talking to you.

      Second, my point was that the quote referenced by the grandparent was not some subconcious confession of conspiracy by the president of Diebold. It was merely marketing cheerleading. They are committed to delivering the electoral votes to the president. And wouldn't you know it - whoever gets the most votes will be the president.

      I made no apologies for Diebold's countless mistakes and no accepting statements of the generally pitiful state of electronic voting. I was merely protesting the spin that Diebold's president slipped up and promised GWB the election in the middle of a speech.

      How that point managed to escape you and simultaneously trigger such an irrelevant and misdirected rant I have no idea.

    8. Re:Upset? by quantaman · · Score: 1, Interesting

      Well, the President of Diebold did claim in 2003 that his company was

      committed to helping Ohio deliver its electoral votes to the president next year.

      I suppose the California officials are upset that Diebold didn't include their state in the obvious corruptions of an opaque and unmonitorable voting system.


      Grr I already moderated the AC which replied to you up (who btw offered this informative link which will now be negated by this post and I was going to mod you down too btw:). Just to set the record straight he didn't claim that Diebold would help deliver the votes, he said "I am committed", an "I" you conveniently truncated from your quote. It may be your belief that that is what he actually meant, personally I've always felt that it was just an unfortunate choice of words and he was talking about campaigning (I mean how stupid do you think this guy is to admit election rigging publicly).

      Now don't get me wrong, I think it's more likely than not that he has some sort of plan for rigging the election in mind, I know the "don't attribute to malice that which can be attributed to stupidity" axiom but the magnitude of the stupidity required to reach the current lack of security (they can't be that stupid can they?) combined with the fact that other than keeping the exploits more secret and non-obvious I can't think of much that I would do different if I was rigging the election (although I'd rig for the other side;).

      Still that's all secondary since one thing I cannot stand on any side of a debate, and will mod down every time if I don't respond to it, is factually incorrect information, especially if such information is close enough to the truth to avoid a closer inspection and if I feel that inaccuracy may be deliberate. Yes he gave a highly controvertial claim, yes he may infact be planning to use his company to rig the election in Ohio, but the subject in that quote you gave is not his company, it's him. All it takes is one bit of damning misinformation like that to be launched on by the other side in a debate and instantly you've lost your credibility, it might be fun and satisfying to ignore the middleman by combining fact with your conclusion but flase statements like that work only to the benefit of Diebold.

      --
      I stole this Sig
    9. Re:Upset? by yoder · · Score: 1

      Of course it was a "misspeak", I doubt that anyone would seriously think that the CEO of a company making voting machines would admit this anywhere except drunk off his ass in a bar or on the golf course.

      However, it does imply duplicity. Also, it is probable that his (and his company's) politics do play a part in his business, and that political contacts facilitated the signing of contracts with many of his customers. Political donations have gone to both parties, but a majority has gone to the republican party (coincidence?). Their political actions will never truly be addressed though, so I believe the next best thing is to go after their business practices. Whether through ignorance or malice, they have sold substandard equipment to state and local governments and then refused to address issues and concerns. If these were ATM machines, Diebold's CEO would be on trial already and the media would be publishing pictures of him next to Osama.

      --
      "In a time of universal deceit, telling the truth is a revolutionary act!" -- George Orwell (Eric Arthur Blair)
    10. Re:Upset? by CountBrass · · Score: 1

      First and most importantly - nobody was talking to you.

      Of all the childish things I have seen posted on /. (and there have been many) this has got to top the bill.

      What's Ryan going to tell us next, that his dad is bigger than your dad?

      --
      Bad analogies are like waxing a monkey with a rainbow.
    11. Re:Upset? by PsiPsiStar · · Score: 1

      The change does not significantly alter the function of the comment. The simple fact that a company making voting machines is offering partisan support is enough of a condemnation. There's no question that that's what he was doing, and whether he was winking when he made the double entendre (an odd choice of words to begin with) is beyond me. This type of doublespeak is common in politics when a polititian wants to use code words so that part of his audience understands him and another part doesn't. Take Bush's speechs favoring 'crisis pregnancy centers,' i.e. places where women will be convinced not to possibly have abortions. People in the pro choice movement generally don't understand what he's saying, but the quid-pro-quo he's suggesting is obvious.

      --

      ___
      It's the end of my comment as I know it and I feel fine.
    12. Re:Upset? by Ohreally_factor · · Score: 1

      This is how we conduct debate on Fox News, so shut up! =)

      --
      It's not offtopic, dumbass. It's orthogonal.
    13. Re:Upset? by Rakarra · · Score: 1
      First and most importantly - nobody was talking to you.

      You made a public post on Slashdot, thus, you were talking "to" him and anyone else reading. I shouldn't have to explain this, it's not exactly a brilliant observation.

      They are committed to delivering the electoral votes to the president. And wouldn't you know it - whoever gets the most votes will be the president.

      John Kerry is not the president. George Bush is. He did not say "future president," the CEO said "president," which refers to the current president. This was in a letter to Republican contributors, it's pretty clear what his message was intended to be, though I agree it's hardly a stunning indictment of conspiracy.

  9. I Fart in Diebold's general direction by Anonymous Coward · · Score: 0

    on charges it defrauded the state with false claims about its products.

    What false claim was that? "Our product does NOT rig elections."

  10. politics.slashdot.org is different in a way. by Rolloffle · · Score: 1

    I'm not sure why, but things have been rigged so that the politics section is more like a place to view all political stories from one place. If something is more to do with our rights online, it gets placed here but also appears on politics.slashdot.org. Ditto anything which isn't in the politics section but is in the politics topic. So it's more like a tag to be applied to stories with a political slant than a cage to contain them.

    1. Re:politics.slashdot.org is different in a way. by Anonymous Coward · · Score: 0

      shouldn't you be trolling?

      --sa

  11. Sued "Out the Ying-Yang" by Performer+Guy · · Score: 5, Insightful

    This is going to be entertaining. The developer memo that Diebold should "Charge them Out the Ying-Yang" for paper copies because it was a new feature will surely come back to haunt the company. Such a disgusting attempt to exploit the customer over product deficiencies will not sit well with a jury.

    I think the damages in this case may be "Out the Ying-Yang". That's a phrase that really grows on you when the shoe is on the other foot. Come on say it with me Diebold, "Out the Ying-Yang".

    1. Re:Sued "Out the Ying-Yang" by zangdesign · · Score: 1

      What is the deal with Texas companies and California? California is annoying, granted, but since when did Texans decide it was OK to start reaming California every which way? Did California poop in the Wheaties or something? I'm truly mystified here, since one of the basic rules I learned was not to kick someone when their down.

      'Cause they might get up again.

      Disclaimer: I'm from Texas. This whole situation is somewhat embarrassing. We're supposed to be the good guys.

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
    2. Re:Sued "Out the Ying-Yang" by Anonymous Coward · · Score: 0

      he developer memo that Diebold should "Charge them Out the Ying-Yang" for paper copies because it was a new feature will surely come back to haunt the company. Such a disgusting attempt to exploit the customer over product deficiencies will not sit well with a jury.

      Since when do "new features" = "[existing] product deficiencies"? It seems to me that if the customer has added an additional requirement for a feature that didn't previously exist, and puts an agressive timeline on it's completion, they deserve to get charged out the ying-yang. Maybe in the People's Republic of Kalifornia it shouldn't work that way, but in the rest of the Capitalistic Pig based United States (and the rest of the free market world for that matter), it does.

      Oh, I'm reading /. again ... that explains it.

    3. Re:Sued "Out the Ying-Yang" by Performer+Guy · · Score: 1

      The timeline isn't aggressive (in CA it was set years out by the judge, but this memo was in reference to another state) and the work involved is almost trivial if you ask a competent tech, *and* Diebold has products already that use printers so one presumes they have the meagre expertise required. What Diebold did is called gouging and this memo shows a really shitty attitude by employees there and a desire to impose unnecessarily punitive sanctions against customers who ask for a feature.

      The printer was a requirement because so many security concerns were raised over Diebold's automated systems. In addition requesting a feature to be added to a recently aquired system, especially in such a new area should not be greeted with such inflexibility, it was Diebold who initially offered these systems without any paper trail and avoided all mention, as the 'expert' vendor they should and did know darned well about public calls for paper audit trails. So, you keep dreaming that Diebold are OK in charging over a grand per system for a printer feature, and keep dreaming that selling systems so riddled with security holes that they had to be decertified is the customers fault. I'm pretty sure a jury won't see it that way. If you buy a car and it turns out that it has numerous dangerous design deficiencies, the customer is not to blame for those deficiencies, Diebold are bout to discover this.

    4. Re:Sued "Out the Ying-Yang" by jafac · · Score: 1

      I'll be happy when the CEO's cell-mate "Bubba" is taking care of his "Ying-Yang".

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    5. Re:Sued "Out the Ying-Yang" by mink · · Score: 1

      Texas? Diebold is based out of Ohio.

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  12. Like most big lawsuits... by Glowing+Fish · · Score: 2, Insightful

    Like most big lawsuits, especially between the government and a big country, this will probably go through dozens of twists and turns, and motions and objections and requests for odd evidence, and it will probably end up out of court or perhaps just be dropped.


    However, since this is getting covered very widely, on Y! news, for example, it will at least people start asking questions about why people want electronic voting, and how secure it really is.

    --
    Hopefully I didn't put any [] around my words.
  13. California by panth0r · · Score: 2, Insightful

    That's right up their alley... Litigation with the complaint of "I'm too stupid."

    --
    I like suggestions, but I don't like contributing towards them.
  14. more than that. by www.sorehands.com · · Score: 4, Insightful

    It is not just the sale of the machine and things on the hype. Diebold also 'repaired' systems using unahthorized/unapproved/untested software and patches.

  15. I think you are asking for a bit much... by Anonymous Coward · · Score: 0

    (Gross generalization alert)

    What you seek, cannot be. You are asking people in political offices to TAKE RESPONSIBILITIES for their actions, and that just isn't possible in this country.

  16. Re:Just hope he doesn't have the case in Florida.. by Anonymous Coward · · Score: 3, Funny

    Yeah, hopefully before it gets there, the California administration will step in and sue this company into oblivion. With the company being "terminated", we have less of chance of a Bush/Gore fiasco raising its ugly head and saying "I'll be back".

    (Couldn't think of any retarded references to Junior, Predator, etc.)

  17. Backdoor by bluelarva · · Score: 5, Informative

    You might be also interested to know that their system has a HUGE security hole (backdoor).

    http://www.blackboxvoting.org/?q=node/view/78

    1. Re:Backdoor by Anonymous Coward · · Score: 0

      Which is good news for you hackers who want Bush to lose this November.

      (Can you guess why I'm posting anon?)

    2. Re:Backdoor by Anonymous Coward · · Score: 0, Flamebait

      Cause your a dumb fuck?

    3. Re:Backdoor by aussie_a · · Score: 1

      That's a feature that is. Not a security hole.

    4. Re:Backdoor by Anonymous Coward · · Score: 0

      Learn to spell please?
      Not that don't agree with you: parent is a dumb fuck. Mods seem to also fall into the same category as parent and you.

    5. Re:Backdoor by jsebrech · · Score: 1

      That's a feature that is. Not a security hole.

      Even if it was a security bug, it would be extremely scary (since it would demonstrate the lack of adequate quality control), but given that you need to enter a secret code to activate the voter fraud functionality, I would say it is a reasonable thing to say the machines were designed for defrauding the voter. That is truly horrifying.

  18. Diebold needs to be bankrupted by ShatteredDream · · Score: 4, Insightful

    Electronic voting is a guaranteed way to have a dictatorship. Once a closed source machine is in charge of counting your votes, as long as the number matches the participants, who could challenge it, it's a machine. Say good bye to minor parties if this becomes mainstream.

    1. Re:Diebold needs to be bankrupted by j1bb3rj4bb3r · · Score: 2, Funny

      WTF... I'm still waiting to say hello to minor parties.

      --
      *yawn*
    2. Re:Diebold needs to be bankrupted by ScrewMaster · · Score: 1

      17 will get you 20.

      --
      The higher the technology, the sharper that two-edged sword.
    3. Re:Diebold needs to be bankrupted by coopaq · · Score: 1
      Electronic voting is a guaranteed way to have a dictatorship.

      Well a peer-to-peer voting system would certainly help with the checks and balance.

      I think my home PC can hold 300,000,000 votes in a MySQL database.

      My neighbor and I can compare votes... hell the whole country can compare the votes then.

      Course you may here the internet population from the South claim one thing while the North scream the other.

      Too bad our country is so evenly divided by two parties.

      karma risk: Not to troll but it seems to be and urban vs rural difference. Excuse me for any stereotypes.
      I've lived in rural and urban areas and it is my general observation. (Living in rural now)

    4. Re:Diebold needs to be bankrupted by BeBoxer · · Score: 1

      karma risk: Not to troll but it seems to be and urban vs rural difference. Excuse me for any stereotypes.
      I've lived in rural and urban areas and it is my general observation. (Living in rural now)


      I think you're right. You only have to look at a map of what states lean what way to figure it out. But it's not the only factor, otherwise the Republicans would be facing their doom because urban is growing at the expense of rural. But I think one of the wild cards here is suburban, which tends to even things out. I suspect overall suburban areas are fairly evenly split, even though any given suburb may very well have a leaning one way or the other

    5. Re:Diebold needs to be bankrupted by StormyMonday · · Score: 1

      Minor parties? Like, say, the Democrats?

      So what are you going to do if the results come back 70% Bush, 25% Nader, and 3% Kerry? Hey, the machine can't be wrong! That's what it says right here in the Diebold literature.

      (Yeah, I know that any vote rigging would be a lot more subtle. Same point. It's still "bend over and spread 'em". Not a goddam thing anybody could do.)

      --
      Welcome to the Turing Tarpit, where everything is possible but nothing interesting is easy.
    6. Re:Diebold needs to be bankrupted by mrchaotica · · Score: 1

      This makes me wish I was election official. Do you think RMS winning Georgia would make the news? : )

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:Diebold needs to be bankrupted by dave420 · · Score: 1

      You can't truly believe that every closed source electronic voting solution is inherently evil and created solely as a tool for dictatorship? What difference does it matter whether it's closed source or open source? Just because it's closed source doesn't mean no independent party gets to verify its accuracy. We see this with Diebold, but the government doesn't seem to do anything when Diebold is caught using un-certified machines. The framework for a successful closed-source voting solution is there already, it's just that the government doesn't want to stop Diebold, as they're on the same side.

    8. Re:Diebold needs to be bankrupted by Anonymous Coward · · Score: 0

      BS. There is nothing fundimentally different about electronic voting and paper voting. The argument that it leads to uncheckable vote fraud is BS. Rampent voter fraud has easily been carried out in this country with paper ballots that no one could by any means determine to be legitimate or bogus.

  19. Awesome! by Anonymous Coward · · Score: 0

    Totally awesome!

  20. Re:Is this the right way to go about it? by Anonymous Coward · · Score: 5, Interesting
    If Diebold were not an appropriately qualified organisation, California state would have determined that in testing trials and switched to another provider. They aren't the only organisation to provide this civic service.


    You're assuming that there is a company with a good voting machine package available and the ability to ramp up production quickly. From what I've read, the only reason most states are even looking at these machines are because they're being forced to do so by a stupid, reactionary federal law inspired by the 2000 FL problems. Here in Washington state, our government has been aggressively attacking the voting machine manufacturers because none of them make a good product but we have to buy at least one electronic voting machine per county by either 2006 or 2008 (I forget) or break federal law.

    This is a clear case of reactionary legislation mandating solutions worse than the problems.
  21. And now for the finger-pointing! by Brian_Warner · · Score: 5, Insightful

    I was wondering when the blamestorming was going to finally hit the Diebold fiasco. At what stage will people realise that with something as important as a voting machine, independently checking its secrity would be a good idea? Sure, Diebold is partially responsible, but so are the people that decided to pay for their flawed systems.

    1. Re:And now for the finger-pointing! by dasmegabyte · · Score: 4, Insightful

      Problem was, at the time people were looking to pay for voting machines, there was not one mass produced machine with open source code.

      Not one.

      Do you even understand how government, especially local government, works?? You get the money once. It's a set sum, with an additional budget for maintenance and support. If you don't spend the money, it's gone. So you have to buy when you have it. You can't wait. You can't hope or wish. You have to pick a vendor and pay them and hope they do a good job, because the money won't be coming back if you wait too long.

      Diebold had machines. People bought them because Diebold made big promises and nobody else had a decent machine for a fair price. Meanwhile, Open Source lost yet another battle due to a complete lack of understanding of how things work. If an OSS solution had been ready when the evoting money came in, and that solution was cheaper and backed by a solid company with a reputation and support staff, it would have won.

      That didn't happen. Not because local government is stupid and doesn't understand open source, but because open source is nearsighted and reactionary and was not ready.

      --
      Hey freaks: now you're ju
    2. Re:And now for the finger-pointing! by wobblie · · Score: 1

      Oh so this is all "OSS"'s fault then?

      What a fucking idiot.

      The government should have had the fucking foresight to mandate "open source code" in the bid.

    3. Re:And now for the finger-pointing! by laird · · Score: 1
      "at the time people were looking to pay for voting machines, there was not one mass produced machine with open source code."

      Yes, these things take time. States take years to certify voting systems. The Open Voting Consortium has been at it since November 2000, has a prototype system built, with a web demo and publicly demo'd, which the San Jose Mercury referred to as The touch-screen holy grail.

      The goal is to have HAVA funding enable the Open Voting Consortium to finish the system in time for the 2006 elections. Feel free to help out the the project.

    4. Re:And now for the finger-pointing! by AbbyNormal · · Score: 1

      Then get out there and code! If you have the vision of how things work, put a project together and start changing the world. In fact, I challenge most of the readers on Slashdot to do the same. Article after article, "Oh the world is falling". "Big brother is here". Get out there and frickin fix it then!

      Slashdot has become the spot of arm-chair politics No one else that matters in the polictical world seems to be paying much attention to Slashdot, or their reader's concerns. Gasp. Maybe its up to the readers to actually do something on their own Write to your local rep, run for office, go to rallies, start talking with your friends. Anyone can point out past mistakes, but it takes real guts to stand up and try to prevent new ones.

      --
      Sig it.
    5. Re:And now for the finger-pointing! by dasmegabyte · · Score: 1

      Hey, I don't even like electronic voting. I think it's a terrible idea, so no way in hell am I gonna work my ass off to promote it.

      My point is that all of these "tsk they shoulda gone Open Source" posts are really short sighted. There was no option to go Open Source, because Open Source does not drive product development. Product development CAN drive Open Source, but there was no motivation among voting districts, tasked with the hassle of finding and replacing their currently useful equipment with "more secure" e-voting equipment, to wait four years and lose their budget just to get Open Source code -- something that these folks probably don't understand or even know exists.

      I agree with you -- If somebody out there cares enough about Open Source and electronic voting software, they absolutely should get off their asses and do something about it. They did not. As a result, we get Diebold.

      --
      Hey freaks: now you're ju
    6. Re:And now for the finger-pointing! by Anonymous Coward · · Score: 0
      People bought them because Diebold made big promises and nobody else had a decent machine for a fair price. Meanwhile, Open Source lost yet another battle due to a complete lack of understanding of how things work...

      That didn't happen. Not because local government is stupid and doesn't understand open source, but because open source is nearsighted and reactionary and was not ready.

      Electronic voting in general was not ready. Electronic voting is an all-around bad idea. Even if you use entirely open-source software, who is to say the hardware isn't changing the votes or the software on the machine hasn't been compromised?

      When the state of Maryland convened a panel of five experts to choose the best electronic voting system, four of the five said the state should not use any of the available options. Of course, the state went ahead and ignored their advice.

  22. Price on Democracy by weston · · Score: 4, Insightful

    "Out the Yin-Yang" indeed. It's hard to put a price on playing fast and loose with American democracy.

    For as much as modern pundits seem to throw around the term "treason" these days, I'm surprised the term hasn't been applied to Diebold.

    1. Re:Price on Democracy by Performer+Guy · · Score: 4, Interesting

      It'll only be treason after they orchestrate a coup, and even then only if they get caught failing. Until then it's just business :-)

      Seriously though, I'm not one of the hysterical anti-Diebold mob, but there are a number of troubling things about this company and these systems. That said there will always be issues with any system and people crying that the sky is falling, but in this case there's enough substance and evasion by Diebold to cause some serious concerns. The case for code auditing and an open software model seems to have a great deal of appeal. I can't help but think we're rushing into this in a compressed timeframe and installing expensive systems early that will leave a technological legacy for future elections and systems to deal with. You'd have hoped that someone with a clue would have sat down and started some reasonable standards process and a software engineering effort to go along with it. OK this has happened to a limited degree but it has been steamrollered by a drive to do this in haste with intense lobbying in some areas, now what was this lawsuit about again?.

    2. Re:Price on Democracy by DAldredge · · Score: 2, Funny

      Corps can not commit treason, only people who do not donate lots of money to the whores on both sides of the isle in DC can be traitors.

    3. Re:Price on Democracy by Anonymous Coward · · Score: 0

      "Aisle." The word is "aisle."

      You fucking imbecile. Learn to spell.

    4. Re:Price on Democracy by DAldredge · · Score: 1

      mee spl gud, mee edumacated. mee srry iv mee uppsit u.

    5. Re:Price on Democracy by Anonymous Coward · · Score: 0

      Shut the fuck up, Darren.

  23. How about simply... by Nick+Driver · · Score: 4, Insightful

    What false claim was that?
    How about simply that the product was supposed to work correctly as it was claimed to do before the sale.

    All technology vendors need to be foreced to quit hiding behind some software EULA that allows them to escape being held liable when their stuff don't work right. If it takes charging them with fraud, then so be it.

    1. Re:How about simply... by a+whoabot · · Score: 2, Interesting

      I'll probably get modded down for not agreeing with the Slashdot status quo, but I have to say it anyway, even if just for the few freethinking individuals who may read my post.

      If they want to "hide" behind the EULA then so be it. The customer should read it. If you don't agree to the EULA, then don't buy the product, simple as that.

      This whole thing is just a bunch of socialists using the liberal biased court system to attack a tax-paying company. A company that actually does something for this country instead of living off the hard work of others. If their machines don't work the way you want them to, then make your own and sell them. Compete in the real world, the marketplace, not the leftist courts.

      It's right there in the article, Swidarski says it, "the state's decision to intervene". The state shouldn't intervene with the marketplace, only a freemarket will bring true equality to all people. Look at what happened to the Soviet Union with their interventionist measures.

    2. Re:How about simply... by Anonymous Coward · · Score: 0

      Oh what do you know, it took nary a minute before I was modded down as "Troll", when my post brought nothing but some sense. How is my post bringing no information or thought to this discussion and just trying to get a response, which is what a troll is? It's an entirely valid post which does nothing but bring the spiralling leftist thought here back down to Earth. Companies and the freemarket is what makes this country strong, throwing dirt in their eyes from the left through the courts only hurts us all.

    3. Re:How about simply... by Anonymous Coward · · Score: 0

      some licenses are just flat out illegal

      some contracts are too.

      and btw a license/contract cannot strip away all rights the buyer has

      that is what the law says, it supercedes an unreadable piece of garbage some lawyer came up with

    4. Re:How about simply... by Waffle+Iron · · Score: 1
      This whole thing is just a bunch of socialists using the liberal biased court system to attack a tax-paying company. A company that actually does something for this country instead of living off the hard work of others

      It looks like what they have been doing for this country is to undermine the integrity of our electoral process at the taxpayer's expense. BTW, it's mathematically impossible for them to pay more taxes than they absorb when they sell goods to the government.

      The state shouldn't intervene with the marketplace, only a freemarket will bring true equality to all people.

      If they want to sell crappy machines that don't work, that's fine. But they can't knowingly do that while at the same time claiming that the machines do work. That's fraud, and that's what they're being sued over.

      Any free market depends on the purchasers having access to accurate information about the products. There is no such thing as a free market when the the sellers of the goods are making fraudulent claims about them.

    5. Re:How about simply... by agbinfo · · Score: 1
      I'll probably get modded down for not agreeing with the Slashdot status quo, but I have to say it anyway, even if just for the few freethinking individuals who may read my post.

      Yes, you will. Yes, you did.

      If they want to "hide" behind the EULA then so be it. The customer should read it. If you don't agree to the EULA, then don't buy the product, simple as that.

      In the case of Diebold (a state buying hardware and software) I agree, the EULA is the contract and they (the state) have enough resources to ensure that the contract is correct.

      I believe that most "lefties" complaining about EULA complain when the end-user has no bargaining power or when the average end-user is not a lawyer but the EULA is unreadable otherwise.

      trolling deleted

    6. Re:How about simply... by georgewilliamherbert · · Score: 1
      Companies and the freemarket is what makes this country strong, throwing dirt in their eyes from the left through the courts only hurts us all.
      Even die-hard libertarians admit that people and companies can in fact do wrong and should be held accountable for doing so.

      At the very least, Diebold had people doing unauthorized management of voting machines in the last round of electons, and updated a number of voting machines with illegal (not California Secretary of State reviewed and approved) versions of the operating software for some of those machines.

      An extremely good case can be made under product liability law that the machines were simply unfit for their stated purpose, and that Diebold knew or should have known that they were unfit.

      The reason your post is a troll is that you're blaming California for the lawsuit with the presumption that a company can't do any wrong. I am generally a very enthusiastic free market booster and think that companies often get the shaft from the courts, politicians, and media.

      But in this case, they have clearly done some illegal things, and making them out to be the victim is trollish.

      Hold 'em accountable. If the courts decide that it wasn't in fact actionable then so be it. But the suit is entirely justified by the publically known facts, and I have little doubt that much more will come out in discovery...

    7. Re:How about simply... by a+whoabot · · Score: 1

      Wrong is infringing on someone else's natural rights. Whose rights did Diebold infringe? They merely exercised their right to free speech in promoting their product. If there was inaccurate information in their marketing campaign the freemarket would surely bring it out by forcing their advertising to compete with other more factually accurate advertising. The freemarket brings equality by making things compete you see. If there's a bad product, bad information etc. it will simply fail because someone else will make better goods.

    8. Re:How about simply... by EvanED · · Score: 2, Interesting

      Freedom of speech does not mean an absolute right to say whatever you want.

      This is why there are libel laws. And slander. And disparagement.

      This is why there are perjury laws.

      This is why there are laws against speech that is intended and does result in violence.

      This is why there are laws against fraud, and deceit.

      This is why there are invasion of privacy laws.

      And this is why there are laws against false advertising.

      (To clarify, so no one tries to jump on me, almost all of these are civil rather than criminal wrongs, but the fact that they were established mostly through common law rather than legislative statutes does not diminish the fact that they are laws.)

  24. Re:Is this the right way to go about it? by AuMatar · · Score: 5, Insightful

    Umm, what the fuck planet do you come from. Diebold claimed to have a product that fit the purposes of the state (a secure electronic voting system). They marketed the system as that. The system has been found NOT to be secure, and that they knew it wasn't secure. Claiming a produuct is fit for a purpse when you know it isn't is fraud. They shouldn't just be sued, there should be people in jail over this.

    As for not dragging a corporation through the courts because youy have a beef with their practices- thats THE FUCKING PURPOSE OF A COURT SYSTEM. If you think someone is breaking the law, you bring them to court and see if the judge agrees. You think when someone lies about there product and commits fraud, we shouldn't sue their asses for our money back? We sure as hell should.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  25. UK Elections by Paster+Of+Muppets · · Score: 4, Informative

    Similar story in the UK not so long ago, the Government wanted to use postal and telephone voting as a means of increasing turnout, but they were seen as open to fraud and abuse (http://news.bbc.co.uk/1/hi/uk_politics/3602170.st m), including voter intimidation. What is wrong with making it compulsory for people to turn up to a voting station to cast their vote in person? I accept that some people cannot do this, for physical reasons (disabled, etc) or work (emergency services, etc), but if people are saying they're too busy to vote then why not reallocate a public holiday so they don't have to go to work that day? And if voting is compulsory, they cannot complain about who wins in the end. If you don't vote, don't complain!

    --
    Due to lack of disk space this user has been discontinued
    1. Re:UK Elections by Anonymous Coward · · Score: 0

      In the US, at least in every state I've ever lived in, employers are required to let employees take time whatever time off they need to vote.

    2. Re:UK Elections by TheLink · · Score: 1

      "And if voting is compulsory, they cannot complain about who wins in the end. If you don't vote, don't complain!"

      I disagree. There are many valid reasons why you can complain.

      Anyway, here's my proposal to get more people to vote. Allow them to cast negative votes. Most voting systems only allow voters to say "yes".

      I believe that in the case where the voters dislike all the candidates, many voters don't feel like going to the polling station to vote "yes" to the least disliked candidate. Whereas those same voters may actually take the trouble to vote "no" to the most disliked candidate.

      The votes are totalled up (negative = -1) and the least negative/most positive net total wins. Both statistics are kept to give a better picture of voter opinion.

      You can do a similar thing for other voting systems - most of them can be modified to allow negative voting.

      The benefit of the system is if a candidate wins but with a net negative total, he/she cannot brag about it and say nauseating things like "I have the support of the people" and all that crap.

      --
    3. Re:UK Elections by Our+Man+In+Redmond · · Score: 1

      Does the UK not have absentee voting? A significant percentage of voters where I live mail in their votes for every election, myself included. In fact there is a box you can check on your voter registration form to say that you want to always receive absentee ballots.

      So I get my ballot in the mail. I fill it in, put it in a security envelope, put the security envelope in a mailing envelope with my name and address on the back, I sign the mailing envelope to say yes, this is me casting the ballot, put a stamp on it, and mail it in. No muss, no fuss, no worrying about electronic touch screens or jammed levers, no trying to get to the polling place on one end or the other of my commute, I can research the issues and vote at my leisure, there's a record that I voted, there's a paper ballot available in case of a recount, and as far as I can tell there's no more chance for fraud and abuse than there is in an in-person election.

      Frankly I don't see what the problem is with postal voting.

      --
      Someone you trust is one of us.
    4. Re:UK Elections by dfn_deux · · Score: 2, Interesting

      This will probably fall on deaf ears since I've posted much to far down on this topic, but....

      I've always thought that since voting is a civic duty much like jury duty that it should be manditory to cast a vote. I figure the best way to do this would be to require a ballot receipt to be submitted along with your federal income tax filing in order to recieve a return. It would likely result in a huge number of abstentions being cast, but when presented with a choice after already reporting to a polling place I believe that the large majority of eligible voters would prefer to pick SOMEONE rether than NO ONE...
      The alternate and slightly more cynical idea I had would be to require a ballot receipt in order to collect Welfare, Social Security, Medicare, Food Stamps, and/or WIC stamps. This would dramatically increase the turn out in the quickly growing economic lower class and resultantly increase turnout in the middle and upper classes as the realized that they would become increasingly under-represented in government.
      AFAIK no major political figure has ever suggested any sort of election reform even remotely similar to this. The reason is probably simple, if you are already in office there is no incentive to promote any change in the electorate...

      --
      -*The above statement is printed entirely on recycled electrons*-
    5. Re:UK Elections by advocate_one · · Score: 1
      "Frankly I don't see what the problem is with postal voting. "

      Did you even read the linked article about the problems happening in the UK??? The problem, is that those with a vested interest and clout in the ethnic minorities in some UK towns were going round collecting all the postal ballot forms for their area and forcing, by threats, those people that the votes really belonged to to sign the ballots on handover leaving the actual ballot section blank for the local leader to fill in and send off. Also, a large number of those weren't able to even read the ballot form so didn't even know what they'd signed and handed over was for a ballot.

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    6. Re:UK Elections by mrchaotica · · Score: 1

      ACK! The people who don't vote now are even more apathetic and uninformed than the people that do. Why would you want apathetic and uninformed people to vote?!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:UK Elections by Our+Man+In+Redmond · · Score: 1

      Hmmm. Vested interest, large immigrant population, thuggery at election time . . . sounds to me a lot like the sorts of things that happened in cities like New York around the turn of the 20th century. I'm not discounting that there is the potential for abuse (especially since it's already happened), I'm just saying that anyone determined enough to abuse the system is going to find a way ro try to do so, no matter what form those elections take.

      --
      Someone you trust is one of us.
    8. Re:UK Elections by Aydsman · · Score: 2, Interesting

      Australia already has compulsory voting and it works very simply. When you turn up to vote your name is crossed off a list. If you don't vote, you get a fine. Of course there are also postal votes if you are unable to get to a polling booth on the day.

    9. Re:UK Elections by 91degrees · · Score: 1

      I have a bit of a problem with the government forcing me to do something against my will. It's all a little too nannying.

      I'm in the "if they don't want to vote, screw 'em" camp. Yes, they should vote, and it should be made as easy as possible to do so, but if people are too apathetic to do that, I don't see how forcing them to vote will benefit society.

    10. Re:UK Elections by dfn_deux · · Score: 2, Insightful

      I think this could strike a serious blow to voter apathy though; the current problem is a sort of vicious cycle where a minority of the lower classes vote and rarely end up on top since the majority of the lower classes didn't vote (and hence didn't support legislation which is in their interest). The minority group is then suffered the pain of defeat and the majority is given ammo in the form of a "Told ya' So" to those who did vote. If everyone were to vote, people would be presented with choices and would then be more likely to relate the effect with the cause. It's simple classical conditioning. People who vote for things that impact them negatively would be less likely to support similar legislation in the future after experiencing their effects, while those who vote for things that benefit them would be more likely to support similar legislation.
      Any pyschologist will tell you that the combination of both negative and positive reinforcment is a strong motivator for behavioral change.

      Aside from that, the only other really good reform I can think of to our political system would require a complete constitutional rewrite whereby there was proportional representation in both houses of legislature, reduced federal beuracracy, direct elections, and a generally more state/local centric government.

      (I hope some of that made sense, I'm having a difficult time phrasing my thoughts coherently this evening.)

      --
      -*The above statement is printed entirely on recycled electrons*-
    11. Re:UK Elections by makomk · · Score: 1

      For those who don't know about the UK voting system, you've been able to cast postal votes for decades. In recent years, they changed the law so that anyone can ask for a postal vote (before this, only people who couldn't get to a ballot box were allowed to vote by post). However, in a recent election one area had a trial of compulsory postal voting (you couldn't vote at a ballot box at all), which was marred by difficulties getting the papers out and allegations of fraud.

    12. Re:UK Elections by Thomas+Miconi · · Score: 1

      then why not reallocate a public holiday so they don't have to go to work that day?

      In France elections are usually held on a Sunday.

      This does not prevent high abstention rates (read: people who couldn't be bothered to vote), and side effects...

      Thomas Miconi

    13. Re:UK Elections by HyperVerbal · · Score: 1

      I think thats a great idea but i also think we all should be given the money to by 510's and races them with out being pulled over. :P

      --
      Stan M. ~~~Verbal~~~
  26. [OT] Florida...? by Black+Parrot · · Score: 2, Interesting


    I wonder how things are going to go in Florida this time around, between Diebold machines, institutionalized electoral mismanagement ('00 was neither their first "00", nor their last), and 2-3 hurricanes wiping the state's infrastructure flat during the run-up to the election.

    --
    Sheesh, evil *and* a jerk. -- Jade
  27. Hip Hip, Hurray! by dtfinch · · Score: 1

    I bet DieBold will try to counter sue for slander of title, in order to hold onto investors while they bail out.

  28. In other news . . . by base3 · · Score: 1

    California Attorney General Bill Lockyer was terminated by Republican governator Arnold Schwartzenegger.

    --
    One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    1. Re:In other news . . . by Stevyn · · Score: 1

      In related news...23 girlymen state officials "will not be back"

    2. Re:In other news . . . by Anonymous Coward · · Score: 1, Informative

      In other news, it was reported that comedy is actually harder than it looks. Film at 11.

      Face it guys, +5 Funny isn't in the cards.

    3. Re:In other news . . . by Anonymous Coward · · Score: 0

      Who was trying to be funny?

  29. Problems? Whoooo Booooey! & LINKS! by Joe+'Nova' · · Score: 3, Interesting

    more proof of malfeasance(previous diebold owners running away with elections when behind in polls, etc...)
    Politicians
    Halfway down, see ctrl-f rigging
    convicted fellons working for them!
    i don't have an account :(
    Backdoor vote rigging?

    That is a starter list, I'll post more later, just mod the parent up(this one!)

    --
    This mind intentionally left blank.
    The KKK a bunch of sheetheads? You decide!
  30. Twelve Angry Men by Anonymous Coward · · Score: 2, Funny

    And the dozen jurymen vote: 2 for the plaintiff, 13 for the defendant, 1 for Buchanan.

  31. Good Plan by bahwi · · Score: 2, Funny

    1) Accept, without proper testing, Electronic Voting Machines. Pay ridiculous amount.
    2) Find out machines suck
    3) SUE for Much More than the original cost
    4) PROFIT!!

    1. Re:Good Plan by Anonymous Coward · · Score: 0
      Yes, but did you see who could stand to profit from this? For those of you who don't RTFA...
      The lawsuit is the first e-voting case to rely on an obscure legal provision for whistleblowers who help the government identify fraud. Programmer Jim March and activist Bev Harris, who first filed the case in November, are seeking full reimbursement for Diebold equipment purchased in California.

      Alameda County has spent at least $11 million on paperless touchscreen machines. State election officials have spent at least $8 million.

      Because the lawsuit relies on an obscure provision called "qui tam," March and Harris could collect up to 30 percent of a reimbursement. The state could collect triple damages from Diebold, or settle out of court.

      Imagine if March & Harris (and oh yeah, California) win? Taking Diebold's money? How sweet would that be?
    2. Re:Good Plan by Anonymous Coward · · Score: 1, Interesting

      You're an idiot. Do you think states test even the lever machines or punch card machines for security when they buy them? Testing the security of electronic voting machines is a much more expensive proposition.

      Likewise, when you buy a car, do you test the air bags? No, you take the company's word on it. If it turns out that the air bags don't work, sue them for as much as you can (not how much you paid because otherwise the company would have no incentive to reform).

  32. Re:California / Business -- Not a good combo by WindBourne · · Score: 2, Insightful
    changed to the "The Sue me State!"

    Not really. Just do not try to pull a scam. They will nail you. There were a number of real reasons why Enron was located in Texas and not all of them had to do with Oil.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  33. First to market: Corporate natural selection by Theovon · · Score: 3, Insightful

    Sometimes, competition and rush to market is so intense that companies simply CANNOT do a proper job. The reason? No one is going to do a proper job. If you wait and do things right, then a competitor will get their half-ass product to market before you, and then you lose. No one is the wiser until way down the road. Now, since everyone is doing the hack-and-slash job, the winner is whoever managed to cover their mistakes better or who had fewer visible mistakes (or marketed better, etc.). By the time people figure out that the chosen product is shite, the companies that might have done a good job are either long gone or on to other things.

    Only after this first wave of a new kind of product do companies "learn from the mistakes of the past" (translation: we can do it right this time because customers finally expect to wait on a proper product).

    Capitalism is wonderful, but as with anything run by humans, it has its challenges.

    Diebold is the sacrificial lamb in this case. There's no way that history could have turned out any other way. If it hadn't been Diebold, it would have been someone else doing the same crap job and then getting sued by CA. They were the lucky ones who got to market first and the unlucky ones who got caught at doing what they and all of their competitors were doing. As usual, some other company will soon come along and produce a slightly better machine, etc.

    1. Re:First to market: Corporate natural selection by Theovon · · Score: 1

      BTW, I thought I'd add something: Perhaps if a pattern emerges where companies get sued for doing a shit job, companies thinking of doing a shit job will think twice before doing it, and better products will be produced.

      But even then, there's bound to be some jackass who tries to take the shortcut and ruins things for themselves and everyone else. The only way to deal with THAT is to have stricter testing.

    2. Re:First to market: Corporate natural selection by DrInequality · · Score: 1
      Yep, true. Rush crap to markets is a wonderful trend in technology.

      But you forgot to mention the "steal all other companies' good ideas while you're at it" strategy.

      Somehow, the word "Microsoft" springs to mind!

    3. Re:First to market: Corporate natural selection by lendude · · Score: 1
      Whilst I would agree with the overall argument re: the 'first to market' issues, I'm not sure that the tag 'sacrificial lamb' is appropriate: it carries with it far to many sympathetic tones for my liking.

      Given that Diebold would also be well cognizant of the 'first to market' scenario, and it's potential consequences, and decided to pursue that strategy anyway, well then... Maybe call them 'voluntary guinea pigs' - Just my 2c worth.

      --
      "Get off the cross - we need the wood" - Tori Amos
    4. Re:First to market: Corporate natural selection by BlueFashoo · · Score: 1
      --
      Nice Marmot
    5. Re:First to market: Corporate natural selection by kidgenius · · Score: 1

      I'm sorry, but I don't agree with this particular case. Our votes being properly handled is in no way, shape, or form, something that should be allowed to be done through "hack and slash." I don't want 3rd generation voting machines that DON'T have errors, because the first two generations of machines did have errors and the company learned its mistakes. Sorry, but voting is not something that you can easily "learn from the mistakes of the past." It needs to be done right the first time.

    6. Re:First to market: Corporate natural selection by Teancum · · Score: 1

      I disagree that your philosophy will work at all in any market, and especially in the voting arena.

      Companies that push real hard to go to market regarless of quality gain a reputation of being an awful company to do business with, ruins any brand they are associated with, and totally loses money for the company that engages in such practices.

      An example of this is with two different computer hardware companies from the past. Do you know of any Timex or AT&T computers? Timex became totally equated with very, very cheap throwaway computers that you wouldn't line your garbage can with. While AT&T computers weren't terrible, even with an incredible brand name (& Death Star logo) they couldn't gain more than a foothold in the computer industry. This was even pre-Dell, and you couldn't even dispute the fact that AT&T had the cash to make things work.

      Some companies can push their way into a market simply through throwing $$$ at the product. Microsoft is particularly famous at doing this, although I would have to say that if MS-DOS 1.0 was a piece of garbage and didn't compare favorably to existing operating systems of its day (like CP/M), there is no way that MS would have become the company that it is today. MS-DOS and later Windows did a very good job for the job those operating systems were designed for: Single user single CPU computers.

      In the case of voting machines, this is in particular something where the companies involved should have been really doing their homework and pushing quality assurance standards higher and stronger than even what they've done in the past. Diebold was already an established manufacturer of voting equipment in the past (they made some of the scanning machines that scanned paper ballots).

      Standards for voting are much higher than similar standards for dealing with monetary transactions. While most businesses on paper claim that they concentrate on keeping track of each penny, the truth is that often hundreds of dollars are wasted or "misplaced" even with well run companies and efficient auditors. Losing a couple of hundred votes in an election like Bush vs. Gore can end up deciding the election. Diebold is treating the election issues like it is something they would deal with in their ATM division. While you can refund the couple of hundred dollars that got misplaced, a couple of hundred votes misplaced simply can't be refunded.

    7. Re:First to market: Corporate natural selection by Theovon · · Score: 1

      Well, the thing is, I'm not sure that companies are always aware of when they're doing this. You know how Markering never seems to understand Engineering and always imposes unreasonable deadlines and requirements. This is no different. Marketing says "do X", and Engineering does its best, but used to rediculous schedules, does what it can. They produce a prototype, but never understanding what prototypes are, Marketing says "ship it", and that's what gets shipped.

      Yes, it's a lot of stupidity on the part of Marketing and Engineering, but no one individual (when in the middle of the whole things) really understands that (a) there are lots of mistakes, and (b) where those mistakes are leading.

      I'll bet you dollars to doughnuts that Diebold management is totally baffled by this situation. Mostly because those who are baffled are the incompetent boobs that let it happen in the first place.

      The point I'm trying to make here is that there was no INTENTIONAL malice here. It was all incompetence, stupidity, and lack of forethought.

    8. Re:First to market: Corporate natural selection by Theovon · · Score: 1

      I don't disagree with what you're saying. I believe every vote is important, even those which disagree with mine. It's a vital part of the democratic process and the right of every citizen to have their vote counted properly.

      I'm not saying that it should be ALLOWED to be done through hack and slash. I'm saying that it HAPPENED that way, and that this follows the typical trend of most of the rest of the industry. Putting moral judgements aside, I'm just trying to explain/explore why things happened the way they did.

      Perhaps through this, people can learn how to do better? [Fat chance. :)]

      Personally, I think that in this case, the government should oversee and audit an open source project. Normally, with government projects, I think BSD license is better, but in this case, it's important to force the software to stay open, so GPL would be better.

    9. Re:First to market: Corporate natural selection by Theovon · · Score: 1

      This link appears to be broken.

  34. Re:Is this the right way to go about it? by Cecil · · Score: 2, Insightful

    I could be wrong, but my finely-tuned USENET senses suggest that YHBT. YHL. HAND.

  35. Re:Is this the right way to go about it? by Anonymous Coward · · Score: 5, Informative

    > They don't deliberately insert loopholes into their electronic voting systems

    How would you know? It's closed-source, trade-secret code.

    > and it's only because of relentless pounding that a periodic vulnerability is found.

    If you actually bother to read the sordid history of Diebold's voting products, you'll see they've been bug-ridden and insecure from the get-go. Yay for our MS Access-backed product!

    "For a demonstration I suggest you fake it. Progam them both so they look the same, and then just do the upload fro [sic] the AV. That is what we did in the last AT/AV demo."

    Read the memos at any number of sites, like http://www.hacksonville.org/diebold/

  36. Re:Is this the right way to go about it? by cmowire · · Score: 4, Insightful

    Would you accept a pacemaker that was made by a "good company" that wasn't "necessarily adequately tested"?

    Is a voting machine any different than a pacemaker? If a pacemaker fails, you die. Consider that every election features some real whacko candidates. What if voting machines conspired to elect a whacko to presidental office? Do you really want to think how many people would be killed if we a madman in the Whitehouse?

    The problem is that Diebold assured the technically inept California voting folks that they were perfectly able to build a good system. And then lied. And have been knowingly breaking the law. And are trying to still profit from this by charging as much as possible for printers so that there is a verifiable paper record of the votes, to fix *their* decided security holes.

    I mean, really, do you *know* that they haven't been inserting loopholes? Of course not. There's a variety of ways that they can mess with the machines. We just don't know and, since each voter has neither the ability nor the knowlege to dissassemble their voting machine to ensure that it is properly recording votes, we *can't* know.

  37. Mo' LINKS! by Joe+'Nova' · · Score: 3, Informative
    --
    This mind intentionally left blank.
    The KKK a bunch of sheetheads? You decide!
  38. Not to troll but... by Stevyn · · Score: 1

    ...if the product were open source and it was later found to have flaws, could California sue? I think voting terminals should be open source because it allows people who may be a lot smarter than those working at Diebold to dissect it and make sure it's working properly and secure. For something as fundamanetal as voting, people should know what happens when they click on a candidate.

    But back to what I was saying, California knows that if Diebold violates the contract, they can sue. If this was done by a bunch of people, they wouldn't have that insurance. They also wouldn't have had as much risk though.

    I don't know, this is an interesting set of circumstances because it seems so new in our culture. I'd like to hear any opinions on people close to this matter who have some valuable insight.

    1. Re:Not to troll but... by John+Hasler · · Score: 1

      > ...if the product were open source and it was
      > later found to have flaws, could California sue?

      Of course they could sue whoever they bought the machines from. Why do you think that the fact that the vendor chose (or was required) to deliver machines running Open Source software would relieve him of his obligation to fulfill the contract?

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    2. Re:Not to troll but... by mrchaotica · · Score: 1
      ...If the product were open source and was later found to have flaws...
      ...they could fix it themseleves (and still sue anyway)!
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  39. What He Really Oughta Said by ackthpt · · Score: 4, Interesting
    Or the jury will have to count their votes ten times.

    You misunderstand...

    "Lockyer determined sufficient evidence existed to go forward with a false claims lawsuit against Diebold," the statement said. The state's top lawyer earlier had dropped a criminal investigation of Diebold.

    It's an electon year, right? Even if he's not up for re-election, it's the natural behavior of a politician.

    To whit:

    Diebold Vice President Thomas Swidarski said in a statement that the company was pleased Lockyer dropped the probe. Despite Lockyer's decision to sue, the company is "confident that the state's decision to intervene will aid in a fair and dispassionate examination of the issues raised in the case," Swidarski said.

    What Swidarski really oughta said, "[the company] is confident that this is a political ploy and will amount to nothing."

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:What He Really Oughta Said by mefus · · Score: 2, Insightful

      Even if he's not up for re-election, it's the natural behavior of a politician.

      You don't think it has anything to do with the false claims made by diebold, or their failure to place certified machines in the voting districts?

      Or the wild insecurities in the system?

      --
      mefus
      In Open Society, GPL Software frees YOU!
    2. Re:What He Really Oughta Said by HiThere · · Score: 0, Troll

      Just consider who's the governor.

      It's a publicity ploy...and since the ex-actor is now a politician, that means it's a political ploy.

      I'm not disputing that Diebold made false claims and defrauded the state. But The Gov. isn't usually bothered by such triffles.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    3. Re:What He Really Oughta Said by Guppy06 · · Score: 4, Informative

      "It's a publicity ploy...and since the ex-actor is now a politician, that means it's a political ploy."

      Not that the governor of California has anything to do with California's AG. California, like most states, chooses its attorney general by direct popular vote, in accordance with Article 5, Section 11 of the California Constitution.

      If you're going to criticize a government, it helps to know a little about how it works.

    4. Re:What He Really Oughta Said by Anonymous Coward · · Score: 0

      Lockyer plans to run against Arnold, retard.

  40. Guess... by michael_cain · · Score: 3, Funny

    the California state government didn't get the memo: How do you tell when a vendor is lying? Their lips move.

    1. Re:Guess... by d474 · · Score: 2, Informative

      Another way to tell when a vendor is lying...

      Th-th-th-th-the MEMOS

      --
      Authority questions you. Return the favor.
  41. Re:Is this the right way to go about it? by Anonymous Coward · · Score: 0

    How about a helping of STFU & RTFA? Before things get completely FUBAR?

  42. Not Approved? by GSpot · · Score: 2, Insightful

    "Secretary of State Kevin Shelley has said Diebold deceived California with aggressive marketing that led to the installation of touch-screen voting systems that were not tested or approved nationally or in California."

    Not approved? WTF, why would any vendor, save a car mechanic, do anything without the customer's approval? Especially in the case of a multi-million dollar rollout of such a large product. I call bullshiat, I bet Diebold has many signed approvals by authorized members of the government of California. This is just the start of all the "election irregularies" finger pointing when Kerry takes it up the arse in November.

    1. Re:Not Approved? by Tony · · Score: 2, Insightful

      I call bullshiat, I bet Diebold has many signed approvals by authorized members of the government of California.

      I call bullshit too, but on Diebold. This isn't the start of it; this was reported and investigated months ago. Diebold *did* install untested software on many of their voting machines. They had a specific list of build numbers that were authorized. They ignored this list.

      This is well-known, and well-documented. Diebold tried to pull a fast one, fucked up the engine of democracy, and tried to weasel out of it.

      Companies do this. It's easier to make money by sometimes not following the rules than it is by following the rules all the time.

      This is just the start of all the "election irregularies" finger pointing when Kerry takes it up the arse in November.

      If Bush wins, we *all* "take it up the arse."

      --
      Microsoft is to software what Budweiser is to beer.
    2. Re:Not Approved? by /dev/trash · · Score: 1

      Are you already making excuses as to why Kerry will lose?

  43. Re:Is this the right way to go about it? by Anonymous Coward · · Score: 2, Insightful

    Just because when they made the law they were reacting against an event doesn't make them reactionary. Reactionaries generally react against change. While you may dispute whether this was progress or not, it was at least an attempt to change\fix a problem.

  44. What good will that do? by RayDude · · Score: 1

    How is suing Diebold going to help anyone or the situation any? Don't you think we should save the damn money for some good systems? I mean can we even get enough money form them to pay for the stupid law suit? Pointless. The only people who benefit from this lawsuit is the lawyers. Raydude

    1. Re:What good will that do? by InfiniteWisdom · · Score: 1

      Why put murderers behind bars? Holding them accountable is hardly going to bring the victim back to life!

    2. Re:What good will that do? by Anonymous Coward · · Score: 0

      You're an idiot. They're suing Diebold for more than the cost of the systems.

      What would you have them do? Trash the machines, and have all the money they spent on them wasted?

  45. who needs a brain when you have lawsuits? by vijayiyer · · Score: 1

    It seems to me that Diebold hasn't done anything wrong here. They have a horrible product which doesn't hold up to any scrutiny. Incompetent, perhaps, but not wrong. The politicians, who are absolutely incapable of critical thought, especially when it comes to using tax money, screwed up buy buying into an obviously flawed system, and now they're trying to shift the blame (as politicians always do) to Diebold. Oh well, I guess that always has been and will be the way of things. Diebold's job was to sell their product. It was the customers job to decide if they needed it, and unfortunately, that customer uses our money.

    1. Re:who needs a brain when you have lawsuits? by TheLink · · Score: 1

      What do you mean they haven't done anything wrong?

      Given the "quality" of the product and the "mass vote switching feature", it should be considered treason to try to sell such a product for national/state elections.

      The politicians and everyone along the line who helped approve such a product should also be tried for treason too.

      The US claims it is serious about democracy. If it is then all this crap should be considered treason.

      The US is willing to spend billions and sacrifice thousands of lives to pick the leaders in Iraq. So which is more important? Picking the leaders of Iraq or picking the leaders of the most powerful nation in the world?

      --
    2. Re:who needs a brain when you have lawsuits? by frizzbit · · Score: 1

      The hypocrisy is all too transparent, isn't it?

    3. Re:who needs a brain when you have lawsuits? by vijayiyer · · Score: 1

      I'm not saying that such a product is good, or should be used. Rather, my stance is that the very concept of e-voting is flawed, unnecessary, and a waste of money. I consider it doubly insulting to use tax money to degrade the integrity of our democratic process. All I'm saying is that Diebold isn't the root cause of this problem - it's the politicians who decided that they couldn't leave well enough alone, and then proceeded to do hare-brained research justify an electronic voting system to somehow solve a problem that doesn't really exist. They're the ones who are going scot free without scrutiny here.

  46. Whose Heads? by ackthpt · · Score: 1
    From the sounds of it, the person(s) involved with authorizing the installation gave in to Diebold's hype without bothering to give system a thourough inspection/review prior to making the decision. In addition to suing Diebold, maybe the AG should be looking for some heads to chop for making a bad situation[company pushing false claims] even worse[installation and failure of product]?

    Hard for me to tell, who are you refering to? Diebold heads? Innocent state employees caught in the crossfire? Or the stupid shit who failed to understand the concept of 'Due Diligence'?

    Oh, and by the way, I know it's not the custom in the political arena, but isn't a leader supposed to take responsibility for the errors of his subordinates?

    --

    A feeling of having made the same mistake before: Deja Foobar
  47. Finally by xombo · · Score: 2, Insightful

    It's finally good to see Diebold get its come-uppens. It's highly important to see this as the first step in realizing that commercial companies are incapable of securely managing our infrastructure (applies to voting and Diebold's ATMs) without the people's ability to scrutinize such products.

  48. Well well well... by Reene · · Score: 2, Informative

    It's about freaking time.

    (okay, so I'm a little biased.)

    --
    "He does look a bit Oompa like, even if his Loompa is a bit off-kilter."
  49. In related news... by starrsoft · · Score: 3, Funny

    Diebold CEO, Bob Urosevich, announced, "Like our motto says, 'We won't rest!' We will fight this lawsuit until we win! For us, it is do or die bold!"

    --
    Read my blog: HansMast.com
    1. Re:In related news... by starrsoft · · Score: 3, Funny

      Also, in a statement addressed directly to the California Attorney General Bill Lockyer, Diebold Vice President Thomas Swidarski said , "It isn't our fault that you didn't make sure to Lockyer voting systems!"

      --
      Read my blog: HansMast.com
  50. How can we tell people about electronic voting? by FleaPlus · · Score: 4, Interesting

    Has anybody tried talking to non-computer people about electronic voting? I've tried it a few times, even toning down things, but people often either don't understand what's at stake or assume I'm exagerrating.

    I think this is quite possibly the most important US domestic issue this year, and feel that the word needs to get out about this, so we can try to fix what we can before it's too late. Unfortunately, I haven't been successful thus far. Has anybody else had better luck?

    1. Re:How can we tell people about electronic voting? by sholden · · Score: 4, Insightful

      people ... assume I'm exagerrating.

      See "The boy who cried wolf".

      See "The Y2K bug will destroy civilisation so you better stock up on cans of food and bottled water and shotgun ammunition, and a bunker in the middle of nowhere would be good too..."

      Of course you personally probably didn't do the wolf crying but the media did and people know nothing happened (and don't believe that the people working to fix problems might have had something to do with that).

      Also the "fear of computers" has been reduced by the wide acceptance of ATMs. After all if the banks trust them with huge amounts of money, why shouldn't I with voting]?[*]

      * Of course banks don't want to lose money and don't gain anything from ATM fraud. The makers of the machines could steal lots of money but the banks would notice... Whereas with voting the machine makers and the election runners (or a section of them) can be working together to rig the vote - a very different, and much harder to secure situation.

    2. Re:How can we tell people about electronic voting? by evilviper · · Score: 1
      people know nothing happened (and don't believe that the people working to fix problems might have had something to do with that).

      Hell, I know computers very well, and I don't think the people working behind the scenes had any affect anyhow... At least not with the things the media was using to scare people shitless.

      There was nobody working behind the scenes to shore-up the Russian ICBM systems (highly publicized) yet we aren't dead in a smoking crater, as the media insisted.

      The same goes for bank systems. The media was crying about how all our money was going to be erased, as if an incorrect date is going to delete a database, and banks only keep one single record of their billions of dollars, right?
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    3. Re:How can we tell people about electronic voting? by sholden · · Score: 1

      That's a fair point. The "end of the world" scenarios were just plain stupid - as everybody I knew who knew anything about computers understood (where they found the paranoid lunatics for their TV spots I'll never know)...

      Some other scenarios were less stupid, but would have had less impact and those got fixed. The banks were never going to lose track of who owns what, but they may have had a few ATMs stop working if nothing had been done.

      I remember our honours year "seconds until thesis is due" counter ignored the existance of daylight saving and hence was incorrect until daylght saving started. Y2K was at about that level of inconveniance...

      I'm still waiting for the "Panel discussion with the idiots who predicted the world would end" TV shows. Maybe a five year aniversary show :)

    4. Re:How can we tell people about electronic voting? by AlinuxNCSU · · Score: 1

      I agree that it's very difficult to introduce non-technical people to the woes of electronic voting. Surprisingly, however, the Daily Show (from Comedy Central) did a very good spot on e-voting which covers many of the main introductory issues involved. Not only does it make one think, but it's funny and very believable. It has certainly made many people I know stop and think.

      The video is available at Avi Rubin's site -- he's a security expert who wrote a report exposing the flaws of voting machines. The video clip is available here.

    5. Re:How can we tell people about electronic voting? by Beryllium+Sphere(tm) · · Score: 1

      >Also the "fear of computers" has been reduced by the wide acceptance of ATMs.

      So start with what people know. Ask nontechnical friends whether they'd accept an ATM with no way to check whether their transaction actually happened. Ask whether they'd be happy if their ATMs were programmed by a convicted embezzler.

      Start with ATMs as an example of something done (more or less) right (yes, I have read Ross Anderson!). Explain that current-generation voting machines don't have the auditing features that banks demand reflexively.

      Don't talk technology. Talk about the coverups and evasions. Everyone's used to depending on computers. Everyone's also used to figuring out that secrecy in government procurement leads to corruption.

      Get people thinking. Ask how they think the certification of voting machines is done. Ask how they imagine it should be done. Then gradually break the news about how it actually is done.

  51. Re:Is this the right way to go about it? by Anonymous Coward · · Score: 0

    If you guys had been paying attention to the GNAA crapfloods and press releases, you'd know that Rolloffle is one of their shock troops. Morans.

  52. Logical fallacy by leviathanap · · Score: 0

    Something tells me people just enjoy passing on the blame. Let's look at the 2000 election. "Damn those voting machines!" How about the people operating them? Hmm? "Damn these voting machines!" User and technician error is thrown aside as people realize that they can criticize the maker of the product (who is obviously working for a secure system) with support. Creator accountablility is recognized - user accountability is ignored. Maybe a cooperative effort funded by state dollars to fix the problem - as opposed to using all the money on legal fees - would offer a more secure system, more public integration and input in a government system (something our founding fathers, especially Jefferson, wanted), and an overall happy situation. Let's do it for ol' TJ.

    --
    "Leisure is the mother of philosophy" - Thomas Hobbes
    1. Re:Logical fallacy by BCW2 · · Score: 2, Insightful

      The well documented problems with Diebold have been known for over two years. Their system is badly flawed. To fix this requires a complete rewrite of the software and some hardware work. Diebold doesn't want to spend the money to fix the problem. Maybe this will force them to.

      How could anyone have bought a system with poor security and no accountabilty for voting?

      --
      Professional Politicians are not the solution, they ARE the problem.
    2. Re:Logical fallacy by leviathanap · · Score: 1

      I'll agree with you there. Either Diebold will have to spend the money, or the government will.

      Something tells me that both groups will be spending too much time AND money on this issue. That's why making it into a public project would be "spiffy."

      --
      "Leisure is the mother of philosophy" - Thomas Hobbes
    3. Re:Logical fallacy by BCW2 · · Score: 1

      If they were spending "productive" money it wouldn't be so bad. All they are spending now is lawyer fees and thats "wasted" money.

      --
      Professional Politicians are not the solution, they ARE the problem.
  53. Right... by NEOtaku17 · · Score: 1

    "Claiming a produuct is fit for a purpse when you know it isn't is fraud."

    You mean like using a Linux distro as a Key Distribution Center via Kerberos 5 ? "But they said that it was a secure!" Yeah so what. If you sued everyone who had vulnerabilities in their "advertized as secure" software we wouldn't have Mandrakesoft, SUSE, Windows XP, OSX, FreeBSD, etc...

    All software has security flaws!

    1. Re:Right... by kidgenius · · Score: 2, Insightful
      All software has security flaws!

      Yes, but when you are dealing with the government, and you have been given the task of designing something that is secure and does not have security flaws, then you either better:
      A) Damn well do it
      B) Don't even bother trying and tell them that
      Otherwise you have now said you are doing something, and you are not. That is fraud. Mandrake, Suse, Windows, et al, have never claimed that their products are secure. They are claiming that they are increasing security, but they have never said "We are secure"

    2. Re:Right... by AuMatar · · Score: 2, Insightful

      The difference- Diebold knew about specific flaws that compromised its key functionality. Mandrake, SUSE, etc fix the bugs when they are found, usually fairly quickly. Not to mention tyhere's the degree of insecurity found in Diebold. Its one thing to design yourself to be secure and have a flaw found. Its another to market as secure a product with as many laws as Diebold is.

      Windows XP is another kettle of fish, but I think they should be responsible for their flaws as well. Its not secure and its a well known fact that it isn't- Microsoft should be liable.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    3. Re:Right... by Anonymous Coward · · Score: 0

      Hey fucktard, what part of ***knowingly*** selling a faulty product and thus breaking laws don't you understand?

  54. Interesting by ebsf1 · · Score: 3, Interesting

    It is interesting how this has played out. /.ers have been moaning (rightly so) about how this stuff is bad and how the ppl in charge have been ignoring it. And now the ppl in charge seem to be waking up. There appears to be hope after all. Having said that, it should never have happened in the first place.

    1. Re:Interesting by mcwop · · Score: 1

      ...and the people in charge should be sued for not doing better due diligence.

      --

      "I don't think it's selfish, to eat defenseless shellfish." -NOFX

  55. Good thing that this is a Republic by trolman · · Score: 0, Troll

    Good thing that this is a Republic because it will be the electoral college to get things straight this time. Second runner ups will be the blood sucking lawyers.

  56. Twinkie Hot Dogs! by ae-valkyre · · Score: 0, Troll

    Who do I sue when life makes false promises of being fair?

    +35 points for dark teen angst! +600 bonus points for a subject heading that as nothing to do with the original topic or this post!

  57. Problems with Explaining eVoting to Non-techies by Teancum · · Score: 2, Insightful

    I've tried to explain the whole issue to my wife, while not computer-phobic and somewhat familar with issue in the computer industry (simply by living with me) she does think I am exaggerating the issues with machines like Diebold's. To further enhance the facts here, she has also been serving as the head election judge for my voting precinct, and is directly responsible for making sure the vote is counted fairly and accurately.

    To be more blunt here, I think I understand her issues more than she understands where I'm coming from.

    People are familiar with software upgrades, however, and if you tell them that you want to upgrade their comptuer just before they have a major report to turn in for work, or upgrade their operating system while they are uploading their favorite pictures to grandma, I think they would totally understand the issues without explainations even being necessary. Why a software upgrade is dangerous during the middle of an election would be of similar seriousness.

    Most people consider computers to be a "black box" (no pun intended to Black Box Voting) where all sorts of "magic" occur, and the current battles over the legitimacy of eVoting are merely duels between wizards and their apprentices. Since it doesn't affect them (really... even when you are talking about who they are voting for), they don't see what the big issues are that you are complaining about.

    I still say that the best way to push this all out into the open is to make sure that some obscure 3rd party candidate wins some relatively insignificant contest and breaking this down into something that the mainstream news media would be able to comprehend and complain about. Something like that might just kill eVoting altogether (which wouldn't be my goal with such a project).

    Specificly, I openly suggested that this be done with the election of student body officers at a major university (less likely to land you in jail, and you might even get the student government to agree to do this in advance). I wouldn't cry too much if Nader or even Ross Perot (yeah, I know he isn't running) won Wyoming for U.S. President, but I wouldn't want to get into jail doing that.

    Explaining the issues that way would be easier to explain to non-techies, that such an election could even happen, which cuts across most partisian viewpoints as well and explains why this is something that both political parties should be concerned about.

    1. Re:Problems with Explaining eVoting to Non-techies by mrchaotica · · Score: 1
      I still say that the best way to push this all out into the open is to make sure that some obscure 3rd party candidate wins some relatively insignificant contest and breaking this down into something that the mainstream news media would be able to comprehend and complain about.
      Better yet, just have RMS win the entire Presidential election!
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  58. No, this is CALIFORNIA! by derrith · · Score: 2, Funny

    1) Accept, without proper testing, Electronic Voting Machines. Pay ridiculous amount.
    2) Find out machines suck
    3) SUE for Much More than the original cost
    4)???
    5)End up with an even larger deficit!

    .

    --
    why does the porridge bird lay his eggs in the air?
  59. Re:Is this the right way to go about it? by Anonymous Coward · · Score: 0

    I heard the count on CNN today.. 1002 US troops have died in warring in Iraq/Afganistan(combined).

  60. Re:Is this the right way to go about it? by K1-V116 · · Score: 5, Funny

    Do you really want to think how many people would be killed if we a madman in the Whitehouse?

    I know some might answer that question "Over a thousand and still counting...." ;) *innocent whistle*

    --

    Got mead?

  61. I wonder how much longer... by m2bord · · Score: 3, Insightful

    we will be able to be protected by whistleblowers.

    someone please correct me if i am wrong but...

    this suit and the carnage over it began some time back with diebold's documents being leaked onto the net and posted just about everywhere.

    the following articles will jar some memories...

    http://yro.slashdot.org/article.pl?sid=03/10/29/07 26256&tid=103&tid=137&tid=126&tid= 17

    http://yro.slashdot.org/article.pl?sid=03/10/17/21 18218&tid=153&tid=103&tid=17

    http://yro.slashdot.org/article.pl?sid=03/10/22/01 42252&tid=153&tid=172&tid=103&tid= 17

    and there are many more on this topic, http://slashdot.org/search.pl?tid=103&query=diebol d&author=&sort=1&op=stories

    basically...the new features prposed in the upcoming versions of windows and ms-office, plus the pending legislation before congress would protect the company and will kill this kind of information from being leaked.

    once those leaks are sealed and only authorized eyes see these documents, you can bet that whistleblowing on nefarious activities will come to a halt.

    --
    Is it 5:30 yet?
    1. Re:I wonder how much longer... by Narphorium · · Score: 1
      once those leaks are sealed and only authorized eyes see these documents, you can bet that whistleblowing on nefarious activities will come to a halt.

      Okay, so is it on odd numbered days that we're against security? I always thought it was the even ones...or does mentioning M$ trump the whole scheme?

      Seriously though, you can't actually ask for insecure software so that whistleblowers can save us all from the evils of the world.
      No whistles would ever have needed to have been blown had the State done it's homework and invested in a secure and auditable system.

    2. Re:I wonder how much longer... by mrchaotica · · Score: 1
      or does mentioning M$ trump the whole scheme?
      Yes.
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  62. Re:Just hope he doesn't have the case in Florida.. by Guppy06 · · Score: 3, Funny

    We, the jury, find the defendant to be Pat Buchannan.

  63. Let the AG know! by bshort404 · · Score: 3, Informative
    --
    -B
  64. Incorrect Assumptions by Tony · · Score: 1

    [Diebold] is obviously working for a secure system

    And where is the evidence for this? Diebold set up machines with code that was not vetted by the CA electoral commission folks. The system had so many flaws that new ones were popping up every week. Email published to the web showed the Diebold honchos in a rather bad light, saying things like, "If democracy really worked, it would be outlawed," and, "We will sue anyone who exposes flaws in our system."

    Yeah, they sound like real keen guys.

    If they really were interested in providing a secure system, they would have. They are trying to replace a system that has proven relatively secure, easy to use, and fairly accurate (FL's 2000 presidential election clusterfuck notwithstanding). They should at least provide one advantage over the old system: make it more secure (it isn't), more accurate (definitely not), or easier to use (debatable).

    Diebold sold them machines on promises. Those promises turned out to be lies. Let me say this exactly once: If a company sells a product based on promises, it is up to the company to provide a product that lives up to the promises.

    Don't try to blame this on the operators. That's like blaming the rape victim. It's Diebold's fault for promising one thing, and delivering another.

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:Incorrect Assumptions by leviathanap · · Score: 1
      And where is the evidence for this? Diebold set up machines with code that was not vetted by the CA electoral commission folks. The system had so many flaws that new ones were popping up every week. Email published to the web showed the Diebold honchos in a rather bad light, saying things like, "If democracy really worked, it would be outlawed," and, "We will sue anyone who exposes flaws in our system." Yeah, they sound like real keen guys.
      Why not be part of the solution, as opposed to just pointing fingers?

      They should at least provide one advantage over the old system: make it more secure (it isn't), more accurate (definitely not), or easier to use (debatable).
      Agree with you there. However, a lawsuit will solve asbolutely nothing. There's an election in 2 months. How about they try to fix the problem?

      If a company sells a product based on promises, it is up to the company to provide a product that lives up to the promises.
      And California didn't have a backup plan? How were these people seen as reliable in the first place if it's taken them this long to get it working?

      --
      "Leisure is the mother of philosophy" - Thomas Hobbes
  65. It's all about accounting by Infonaut · · Score: 2, Interesting
    If you don't spend the money, it's gone.

    Absolutely right. If there is one thing ordinary citizens fail to understand about how government works, it is that in government accounting, recipients of funds do not get to "roll it over" the following fiscal period. Not only do you have to spend what you have, if you don't spend what you have, you don't get more money later.

    With large government IT projects (as voting machines are), the projects that get funded get funded again only if they use the money they've been given in the first place. Complaining that government agencies *don't get it* is beside the point. They are in many ways completely hamstrung by the accounting system used by government.

    In fact, dasmegabyte raises an interesting point. If you want to change things for the better, get on Congress to come up with a better means of accounting for all of those tax dollars and managing their use. There is so much waste inherent in the system that has nothing to do with Democrats and Republicans, but with bean counters and spreadsheets.

    --
    Read the EFF's Fair Use FAQ
    1. Re:It's all about accounting by dasmegabyte · · Score: 1

      If you want to change things for the better, get on Congress to come up with a better means of accounting for all of those tax dollars and managing their use. There is so much waste inherent in the system that has nothing to do with Democrats and Republicans, but with bean counters and spreadsheets.

      This is a terrible idea. If we did this, my company couldn't sell software and consulting services to towns that have money allocated and no other use for it. We love these little windfalls...what's that Simpsons quote about a mule with a spinning wheel?

      (J/k of course...my company is actually really good about only selling towns what they need and what we can offer. Government NEEDS software these days...hiring freezes and tiny budgets combined with increased regulations means the need for efficiency and the elimination of redundancy is huge. Joke about the inefficiency of government if you like...but when you have one full time guy managing all of the development regulations for a town of 15,000+ people, it's hard to be anything BUT inefficient.)

      --
      Hey freaks: now you're ju
    2. Re:It's all about accounting by Infonaut · · Score: 1
      I'm definitely not against the government paying contractors to do work for them. I've been known to work on a government contract or two myself, and as frustrating as it often is, I ususally feel like I'm more a part of the solution than part of the problem.

      One of the reasons government has to outsource so much these days is that they're under tremendous much pressure to become efficient, as you mention. Of course, the irony is that the money gets spent one way or another. They do it through outsourcing or through hiring, and nobody wants to pay for more government employees.

      No matter how you slice it, the layers of local, state and federal government in the US form a staggering entity, and as you accurately suggest, bringing efficiency to something that sprawling is difficult at best.

      I just can't help but think that with better accounting rules, government entities could do so much more with fewer funds. Of course, you and I would still stay in business because we're so much more efficient than our own government contracting competition. :-)

      --
      Read the EFF's Fair Use FAQ
    3. Re:It's all about accounting by dasmegabyte · · Score: 1

      Maybe you're right. Personally, I think what government needs is a little less defense spending and a little more local programs...but how are you gonna spin THAT on the campaign trail? "Yeah, that whole War on Terror thing? It's not worth close to a trillian dollars (300 million per person who died in 9/11) for an initiative with unmeasurable success that seems to be decreasing the international opion of out nation. Let's take some of that cash and give it to the local guys, who might be able to use it for, you know, local cops, schools and programs to improve your conditions."

      It's a lot easier to create a War on X. And maybe I shouldn't post this after six Coors.

      --
      Hey freaks: now you're ju
    4. Re:It's all about accounting by fishbowl · · Score: 1

      "They are in many ways completely hamstrung by the accounting system used by government."

      Doesn't any politician see this as a career-making opportunity to fix?

      --
      -fb Everything not expressly forbidden is now mandatory.
  66. Re:Is this the right way to go about it? by Anonymous Coward · · Score: 0

    "Do you really want to think how many people would be killed if we a madman in the Whitehouse?"

    The last count was approximately 11,000 in Afghanistan, a quarter of which were civilians.

    Another 42,000 in Iraq, again, a quarter of which were civilians.

  67. Re:Is this the right way to go about it? by complete+loony · · Score: 0, Troll

    "... how many people would be killed if we a madman in the Whitehouse?"
    So, and Bush is different how exactly?

    --
    09F91102 no, 455FE104 nope, F190A1E8 uh-uh, 7A5F8A09 that's not it, C87294CE no. Ah! 452F6E403CDF10714E41DFAA257D313F.
  68. What about conspiracy to commit election fraud? by nietzsche_freak · · Score: 5, Informative
    California Attorney General Bill Lockyer said on Tuesday he would sue electronic voting machine maker Diebold Inc. on charges it defrauded the state with false claims about its products.
    A good start, maybe, but what about the election fraud backdoor built into Diebold machines? From my link:
    By entering a 2-digit code in a hidden location [on the vote tabulation machine], a second set of votes is created. This set of votes can be changed, so that it no longer matches the correct votes. The voting system will then read the totals from the bogus vote set.
    Now I (who ANAL) would call building such a backdoor into a voting machine conspiracy to commit election fraud, which is, by the way, a felony in California.

    Why isn't the attorney general taking them to court over that?

    1. Re:What about conspiracy to commit election fraud? by Anonymous Coward · · Score: 0

      >Now I (who ANAL) would call building such a
      >backdoor into a voting machine conspiracy to commit
      >election fraud, which is, by the way, a felony in
      >California.

      Uh, because until someone actually USES the backdoor to commit election fraud, there can't have been a [provable] conspiricy to commit same.

    2. Re:What about conspiracy to commit election fraud? by nietzsche_freak · · Score: 3, Informative
      Uh, because until someone actually USES the backdoor to commit election fraud, there can't have been a [provable] conspiricy to commit same.
      Totally untrue. "Conspiracy to commit crime X" is a crime in its own right, totally seperate from crime X.

      Conspiracy is the crime of "conspiring" or agreeing with someone to do something which, if actually carried out, would constitute another crime or offense. Since the crime of conspiracy is merely the plan or agreement to commit crime X, it is not necessary for you to actually commit crime X to be convicted of conspiracy.

  69. Check yer facts there, sonny by schmaltz · · Score: 1, Informative

    While I'd like to agree, just to stick it to the Republikkkins, Lockyer's a Democrap, he was elected to the position of AG (not appointed by the gov.), and it looks like he may be running for goverbator against Ah-nuld in 2006.

    --
    Big Daddy, Johnny, Burp, Aunt Zelda, Scott, Slurp, Big Momma ... where's Siggy?
  70. Re:Is this the right way to go about it? by georgewilliamherbert · · Score: 2, Insightful
    The problem is that Diebold assured the technically inept California voting folks that they were perfectly able to build a good system. And then lied. And have been knowingly breaking the law. And are trying to still profit from this by charging as much as possible for printers so that there is a verifiable paper record of the votes, to fix *their* decided security holes.
    I would agree except for the slam technically inept California voting folks.

    The California Secretary of State, and the local county Registrars of Voters, have been working to improve our voting systems quite dilligently.

    They aren't technically inept. They aren't e-voting security experts. Which isn't suprising... the lesson of the last couple of years seems to be that only a few independent experts are e-voting security experts, and that the companies doing it clearly aren't.

    That was only really clear even to techies about a year ago...

  71. what's up with the apologists? by Tony · · Score: 2

    They have a horrible product which doesn't hold up to any scrutiny.

    Several things wrong with that statement. The first thing wrong is simple: you can't scrutinize the product, because the source code was hidden. Second, the product that Diebold deployed was not always the same product that the elections commission in CA had vetted.

    The problem is simple: Diebold promised one thing, and delivered another.

    Diebold's job was to sell their product. It was the customers job to decide if they needed it, and unfortunately, that customer uses our money.

    See, this is the problem. Every free market apologist I read seems to think that every consumer can know everything about every product they buy. They further assume that it's okay for companies to lie, cheat, and steal to sell their product. Or, they assume that companies won't lie, cheat, or steal to sell their product.

    The state of CA did study the issue, and they did try to purchase a product they thought would work. They are the ones who discovered the flaws in the system. They were promised those flaws did not exist.

    Diebold has interfered with our electoral system, the underpinnings of our democracy, on a a grand scale. This is not simply a bag of Fritos that turned out to suck (duh). This is stuff that Diebold should have been more careful about, just like makers of nuclear reactors have to be more careful than makers of 50KW diesel generators.

    Or are you saying that when a nuclear reactor has a design flaw and goes chernobyl, the designer/manufacturer isn't to blame?

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:what's up with the apologists? by vijayiyer · · Score: 1

      If CA studied the issue, that points to incompetence. What problem are they trying to solve with electronic voting? The very concept is flawed. And therein lies my blame. Any electronic voting machine is going to have bugs - it's what happens when you come up with a complex solution to a simple problem. Many competent technical people have held this position from day one, but we're just labeled as old fashioned. It's as if I sell someone wings that I say can let them fly, and they go out and jump off a roof wearing them.

    2. Re:what's up with the apologists? by vijayiyer · · Score: 1

      As for the Chernobyl reference - isn't it interesting that the only serious nuclear disaster occurred in an anti-free-market environment? It's what happens when you breed a culture lacking personal responsibility and instead blame "The Man".

    3. Re:what's up with the apologists? by Anonymous Coward · · Score: 0

      You're an idiot. He wasn't advocating communism but pointing out an established flaw in laissez-faire free market systems. In reality, the U.S.'s economy isn't such a system and has regulations on businesses (e.g. truth in advertising), and that is why CA is justified in suing Diebold.

    4. Re:what's up with the apologists? by Anonymous Coward · · Score: 0

      You're an idiot. There is nothing inherently wrong with electronic voting. The implementation is to blame.

      As for it being complex -- you could make the same argument for the punch card readers or the complicated mechanics of the lever machines. There is some amount of complexity mandated by the requirements (like fast vote tallying).

    5. Re:what's up with the apologists? by Ohreally_factor · · Score: 1

      I'm so glad that the effects of Three Mile Island were mitigated by the open market.

      --
      It's not offtopic, dumbass. It's orthogonal.
    6. Re:what's up with the apologists? by vijayiyer · · Score: 1

      Three mile island had no significant external effects. It was a successful demonstration of the final backup of a nuclear power plant - the containment building.

    7. Re:what's up with the apologists? by sexylicious · · Score: 1

      Gotta love how the nuclear storage containers at Hanford in Washington State still work today...

      hanford leaks

      And cleanup of the waste is not cheap...
      cleanup

  72. Screenshots showing how to hack election by FleaPlus · · Score: 2, Informative

    While reading through news items on the various Diebold electronic voting controversies, I came across this page showing step-by-step screenshots of how to secretly alter the votes on the central tabulator machines, as mentioned in a previous slashdot story.

    If we can't get remove these systems (or give them paper trails) by November, perhaps we can instead follow the steps ourselves? Actually, we wouldn't even need to click through MS Access as shown above -- a quick little Visual Basic script would do the trick. It'd be neat if the US had Michael Badnarik and Ralph Nader as President and Vice President for the next four years.

  73. Re:Is this the right way to go about it? by cmowire · · Score: 0, Offtopic

    Dude. The previous 3 messages called. They want their anti-bush party line back. ;)

  74. Re:Is this the right way to go about it? by Anonymous Coward · · Score: 0

    That's interesting, I didn't know there was a federal mandate, no wonder the machines are such crap, they're all just rushing to get crap out the door and onto the market.

  75. the part by NEOtaku17 · · Score: 1

    The part where everyone "knowingly" has security flaws, because everyone knows that all software has flaws.

    1. Re:the part by Anonymous Coward · · Score: 0

      You're an idiot. They knew they had specific flaws that they didn't fix.

      If Redhat knew of a fixable security flaw in their modded Apache and sold it to me anyway without fixing it, I would be pissed off.

    2. Re:the part by 808140 · · Score: 1

      You should add "and didn't inform me of the shortcoming before I agreed to buy it". Lots of software ships with known bugs, but these are usually non-critical and always reported.

      If they aren't, it's definitely fraud. And while I probably wouldn't have called the GP a "fucktard", I agree with the spirit of the comment.

  76. Re:Just hope he doesn't have the case in Florida.. by SomeGuyFromCA · · Score: 4, Interesting

    > we have less of chance of a Bush/Gore fiasco raising its ugly head and saying "I'll be back".

    Except it's California. If Kerry doesn't take the state easily, that's a red flag to investigate. :P

    --
    if the answer isn't violence, neither is your silence / freedom of expression doesn't make it alright
  77. Re:Is this the right way to go about it? by Anonymous Coward · · Score: 0

    They mandated the use of electronic voting machines as a solution when at the time, and even now, no good electronic voting machine solutions exist. Perhaps I used the term "reactionary" differently than its traditional political meaning but the definition from your own link fits - "Characterized by reaction", where "reaction" is defined as "A response to a stimulus." I particularly meant in as a near-reflex reaction, where not much thought was involved in the process.

    They are reactionary in that the legislation was a knee-jerk response (aka reaction) to the stimulus of the Florida voting problems. This is what has been defining much of the legislation recently, such as the Patriot Act. Something bad happens and then it's all good intentions when a bill is proposed. But no one bothers to stop to think or even just read the legislation and we usually end up with extremely regrettable side effects from laws that often prove ineffective for their original purpose as well. In most states we're pretty happy with our current mechanisms for voting but thanks to a bunch of idiots reacting to FL we're being forced to use new systems that are openly and admittedly extremely flawed and, at this point, seem to be much more open to election fraud.

  78. Download the election software to try at home! by FleaPlus · · Score: 3, Informative

    After skimming around some more, I found this page which has links to voting machine executables and some election results which Diebold inadvertently made public. You can actually run the software on your home computer to try it out.

    Also on the page is Election Support Guide for Diebold staff pulling support duties at the elections. It includes such gems as:

    The AccuFeed is often sensitive to the orientation, size, and print quality of the ballot.. AccuFeed units tend to reflect varying behavior in terms of speed and quality of processing. Familiarize yourself with the functioning of the AccuFeed before the election if it will be used in the election. Do not offer information as to the AccuFeed's shortcomings to the jurisdiction, even where obvious.

    1. Re:Download the election software to try at home! by syukton · · Score: 1

      you should have maybe bolded and underlined that last part:

      Do not offer information as to the AccuFeed's shortcomings to the jurisdiction, even where obvious.

      --
      Reinvent the wheel only at either a lower cost, greater effectiveness, or your own personal enrichment and satisfaction.
  79. Re:Is this the right way to go about it? by cmowire · · Score: 1

    You are quite correct. It isn't fair to call them technically inept. ;)

  80. Wider implications ? by paulydavis · · Score: 2, Insightful

    Most software I have used does not live up to it's hype... but are protected by thier ULAS does this mean that there could be an opening to challange software that doesnt live up to the hype. IANAL so I couldn't say.

  81. 1998 Called by bool+morpheus() · · Score: 1

    It wants it's joke back.

    --

    ----
    Ground Control to Major Tom...
    1. Re:1998 Called by wheany · · Score: 1

      It wants it is joke back? Whaaaaa?

    2. Re:1998 Called by bool+morpheus() · · Score: 1

      Jeez, give a tired geek a break every once in a while.

      --

      ----
      Ground Control to Major Tom...
  82. In other news... by Anonymous Coward · · Score: 1, Funny

    Election officials report California Attorney General Bill Lockyer was defeated by over 218 million votes in the latest recall election.

  83. silver lining? by Trailer+Trash · · Score: 1

    Now that California has a bunch of worthless machines laying around, is there any chance that we can install Linux on them along with some real, open source voting software?

    1. Re:silver lining? by mrchaotica · · Score: 1

      You would need to add a printer for each machine, too.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    2. Re:silver lining? by JimMarch(equalccw) · · Score: 1

      The "Optical Scan terminals" by Diebold are seriously proprietary inside. Trying to cut a Linux or similar OS for same would be a pain, and then you've got to know the specs for the scan hardware in extreme detail to write the app.

      But let's say we scrapped those and went to touchscreens (WITH paper trail printer!).

      The Diebold touchscreen hardware is seriously weird. Doing a Linux build would be *possible* but annoying.

      The real killer is the cost per terminal (over 3k!), and that it would still give Diebold access to the firmware and I wouldn't even trust 'em with that at this point.

      Nope. Better to take cheapo basic PCs and write an app for those - I'm convinced that a good user interface that's even compatible with blind folks and a headset for audio instructions can be done with just four buttons - left/right for forward/back, up/down for yes/no. That eliminates the expensive and error-prone touchscreens and lets you use basic monitors.

      Here's what we do with the Diebold terminals:

      We set up a big Trebuchet. At a shotgun range. We invite every geek with a 12ga to take pot-shots at them as they fly by overhead, and we cheer as we blow the crap out of 'em while they achieve "terminal velocity" :).

      PULL!

      We'll call it "Geek Skeet".

      Jim March

  84. Re:California / Business -- Not a good combo by Darby · · Score: 1

    There were a number of real reasons why Enron was located in Texas and not all of them had to do with Oil.

    Of course, once Arnie got elected he dropped the suit against them like a hot potato.

  85. 4 more years of Dubya guaranteed? by Zigmund555 · · Score: 1

    Given the Diebold machines are easily hacked, "seemed to be designed to allow for tampering", and factoring in the unwillingness of voting boards to change in the next two months, we're screwed? Seems Dubya is a shoe-in, probably why he's not doing jack squat recently.. knows he's going to win.

    1. Re:4 more years of Dubya guaranteed? by JimMarch(equalccw) · · Score: 5, Interesting

      It's a weeee bit more complicated than that.

      OK.

      Everybody is looking at how Diebold "Corporate" in Canton OH (the parent company) is riddled with Bush/GOP links. And that's true.

      But it's NOT true of Global Election Systems, the Canadian company that Diebold bought in 2002 and renamed "Diebold Election Systems" (still based in Vancouver BC to this day). Diebold corp of Ohio had been investing slightly before buying them outright but the investments do NOT go all the way back to Oct. of 2000.

      Late Oct. 2000, GEMS version 1.17.5 was released. Per Bev Harris, this was the earliest version she could find that had the "double set of books" hack in it apparantly designed for election fraud. See also:

      http://www.equalccw.com/deandemo.html ...for a more complete demo.

      Early Oct. of 2000, Global hired a new head programmer for GEMS: Jeffrey Dean.

      During the mid to late '80s, Dean embezzled more than $400,000 from a Seattle law firm he was doing computer consulting for. Dean was convicted in the early '90s of 23 counts of computer-aided accounting fraud in what the court called a "sophisticated scheme".

      How did he end up hooked up with Global?

      He shared a jail cell with another of the founders during the '90s.

      Upshot: Global appears to have been run by a genuine bunch of crooks. *Not* political crooks, just plain ol' crooks. Diebold corporate didn't do enough background checks at the time of the buyout and I doubt they understood what sort of pirates they'd swallowed.

      I can't be sure of course, 'cuz maybe the Canton boys DID know what they were getting involved in. But if they didn't, then the whole "Bush/GOP connection thing" that the Diebold Corporate people in Ohio are now famous for was a deeply unfortunate coincidence and God only *knows* what's going to happen in November!

      Keeerist.

      Think this is unlikely?

      The big MONEY in election fraud involves rigging *local* elections, esp. building projects, construction bonds and the like. And people don't pay near the attention to that like they do national races.

      I suspect that's what Global was really after. And I suspect keeping a secret all the way up to the Bush White House would be...unmanagable and dangerous as hell.

      Am I certain Bush is "clean" (of this, at any rate)? Hell no. I *do* know that a heck of a lot of Democrats in various places have pushed for Diebold (starting with Georgia) and I know that county election officials can use the "cheats" Diebold built in very damned easily. Guys, I've personally seen MS-Access loaded onto GEMS boxes within counties - Fresno County's elections staff let me peek at their systems some months back (but the MS-Access was an older version (97) not compatible with the more recent GEMS databases so any ill with it happened some time ago, not recent).

      Anyways. I don't want to end up betting on whether or not Diebold will "win out" in "hacking contests" with county elections officials :(. This crap has to go regardless.

      Jim March

    2. Re:4 more years of Dubya guaranteed? by jafac · · Score: 1

      And I suspect keeping a secret all the way up to the Bush White House would be...unmanagable and dangerous as hell.

      Given the current political climate in the US today, where the media is roundly accused of having "liberal bias" - where anyone who questions the Administrations Policies is accused of "Treason", or not being Patriotic, hell, people who have made accusations about Bush's relationships to Saudi Royals, or his Pentagon staffer's relationships to Israeli Lobbyists were labelled "tinfoil hats" (all of it has been borne out as true.) - I think it's VERY plausible that this particular issue could go all the way to the White House (and beyond).

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    3. Re:4 more years of Dubya guaranteed? by JimMarch(equalccw) · · Score: 1

      Regarding the media being "accused" of Liberal bias:

      You're making the wrong argument to the wrong guy there!

      Please recall that I'm also a self-defense rights activist. I'm the paid state lobbyist and field rep for the Citizen's Committee for the Right to Keep and Bear Arms (www.ccrkba.org). This voting thing is what I got into purely because I care.

      (For the record: I'd been involved in Diebolddrama for about six months when attorney Lowell Finley figured that a Qui Tam type suit (yes, the one Lockyer just validated) was necessary. He knew he needed at least one California plaintiff and he came to me after deciding that I was the strongest activist in the state. I in turn said that Bev was deeper in than me, and insisted she be brought in - cutting any possible "take" on my part in half.)

      I've seen "Liberal Bias" up close and personal on the GUN issue in spades.

      Need an example?

      You're no doubt aware there's been a dozen or so "school mass shootings" over the last decade, all of them reported very widely. One happened at Pearl, Mississippi - nutcase kid with a deer rifle shot the place up and was stopped by an assistant principle.

      That's what over 400 reporters printed in the week following the event. What fewer than a dozen mentioned is that said principle sprinted 1/4 mile to his car, retrieved a .45 and sprinted back to take the bastard prisoner at gunpoint.

      But oh my, we can't possible mention that an eeeevil GUN was used for good by somebody who wasn't a COP, right?

      I could list similar examples for days if I did nothing else.

      So do NOT tell me "Liberal Bias" doesn't exist. Don't you DARE.

      Jim March

  86. Re:Is this the right way to go about it? by Chris+Burke · · Score: 1

    Oh gee, a hasty decision made in the wake of calamity without much thought just to do something ended up being a massive clusterfuck with exactly the opposite effect of what was intended? I'd pretend to be shocked, but it's not like anyone couldn't see it coming.

    Glad at least some of the state governments are getting their heads out of their ass.

    --

    The enemies of Democracy are
  87. mod up! by mabhatter654 · · Score: 1
    great link about how elections REALLY work in a republic. the electoral college is where the election is really at....perhaps it's time to amend those state constitutions so the 2 party system isn't so powerful!!! If all the states took back charge like Maine and Nebraska there would be no more election fraud.

    Like in any good game it's all about following the rules and letting the game play out! That was THE fundamental flaw of the 2000 election...proper protocol was not followed by the media in order to create a sensation...

    1. Re:mod up! by Anonymous Coward · · Score: 0

      Basic game theory says that given a two party system, the equilibrium is with both of them pretending to be exactly in the middle (sounds familiar?). That's why you need a 2+ party system - than it has no equilibrium and the parties actually end up representing something (like, their true colours, perhaps).

  88. Ahem... by Anonymous Coward · · Score: 0

    American "democracy"? I think the previous presidential elections have shown that democracy isn't the operative word here.

  89. The rest of the story: the OTHER plaintiffs by JimMarch(equalccw) · · Score: 4, Informative

    Folks,

    This is the March/Harris lawsuit. Lockyer has decided to "join in", bringing the government in as a co-plaintiff.

    At around 10:30am today, Lowell Finley (our lawyer) calls me with the news that Lockyer and the AG's office have decided to join the suit Bev Harris and I filed all the way back in October. Lockyer and company have taken this long to decide whether or not to jump in.

    Their decision to do so is VERY welcome by myself, Bev and our lawyer.

    Here's the repercussions:

    * Bev, Lowell and myself will be splitting 15% of any winnings, versus 30% if we had to prosecute this on our own.

    * We ain't complaining, first because we were never in this for the money and second because Diebold is much more likely to settle early, confronted with Lockyer's legal staff instead of just Lowell. MAYBE they'll cave in before the November election, which would be great.

    * Second, our odds of any sort of win is now better.

    * Third, Lockyer has sent notice to the REST of the Diebold customer counties in California that they can "join in the fun". So this could spread beyond Alameda County, the original gov't entity that Bev, Lowell and I filed on behalf of.

    * This idea of suing Diebold for fraud becomes the alternative to what Solano County decided to do: pay $415,000 in their case to get out of their Diebold contract! (Note: Solano's settlement means it's TOO LATE to join in the March/Harris/Lockyer lawsuit and solution. There's a fair chance Lockyer announced all this today to prevent any more "Solano-style" mistakes.)

    Other bits:

    The AG's staff are promising Lowell that they are NOT getting into this in order to "sabotage the case and settle early for peanuts". They *could* do that but I believe them that they aren't.

    The fact that this is being done as a "whistleblower suit" by two private citizens strongly HELPS the government versus a situation where they did it themselves, even when you factor in the small "bounty" to Bev, Lowell and myself. This is because the whistleblower laws include a triple damages provision if we can prove fraud. This becomes a "big stick" to threaten Diebold into settlement with (for less than triple damages; we'll be OK with actual costs returned plus 15% so that the gov't agencies get "made whole" despite the 15% cut.)

    Without whistleblowers, first off the gov't wouldn't have had the data to do this at all and even if we just gave them the data "for free", the gov't wouldn't have the damage tripler "stick".

    Finally, the question WILL come up (and already has among these replies): "Is all this legit? Did Diebold REALLY screw up here in a fashion worth suing over?"

    My answer to that is at this new page showing the actual vote fraud rigged into Diebold's central tabulator software via screenshots of actual Diebold code and database structures:

    http://www.equalccw.com/deandemo.html

    That is all I need to say about the basic morality of this lawsuit.

    Jim March / jmarch@prodigy.net

    1. Re:The rest of the story: the OTHER plaintiffs by Racter · · Score: 2, Funny

      Mod parent up to 6, please. Hopefully that will swell the parent comment to superhuman proportions, so that it escapes /. entirely and goes flying around the 'net so fast it turns time back four full years.

  90. Re:California / Business -- Not a good combo by MoneyT · · Score: 1

    Screw that, california passed up ona good scam years ago. They only nail big political scams.

    --
    T Money
    World Domination with a plastic spoon since 1984
  91. I'm confused by calculadoru · · Score: 0

    So if they're successful then in capitalist America the machines no longer count you?

    --
    The power of accurate observation is commonly called cynicism by those who have not got it. -- G.B. Shaw
    1. Re:I'm confused by JimMarch(equalccw) · · Score: 2, Interesting

      If we're successful, the courts will determine (or Diebold will admit via settlement) that their software was...well, crap. It didn't have the security features they claimed for it when they sold it, or even the security features required by Federal (FEC) regulation and the California Elections Code. So the gov't gets back the money they paid for the junk, because Diebold didn't live up to their contract. Basic fraud. The SIDE EFFECTS: 1) Diebold could leave the elections business. At a minimum, a court loss of this scope would hurt sales something fierce. Voting is a small percentage of their overall business but is the cause of most of their negative PR; closing up the voting division they bought in 2002 becomes a serious option at some point coming up REAL soon now. 2) With strong evidence that the Diebold software was crap, people may finally start realizing that the Federally approved oversight process (independent testing labs approved by the FEC and hired by the voting system vendors to check source code, etc) is seriously broken. That same oversight process approved the ES&S, Sequoia, Hart Intercivic and other such computerized voting system products. If the oversight process is broken, then those products aren't trustworthy either. The ultimate oversight would be via Open Source; that concept in voting is gaining momentum (see also the Open Voting Consortium via google). At a minimum, those other products need scrutiny. Fast. Jim March

  92. Re:Is this the right way to go about it? by JimMarch(equalccw) · · Score: 5, Informative

    The problem with this "blaming of the victims" (California and it's "customer counties") is that they weren't allowed to see the source code for the product!

    Only the Federally approved "Independent Testing Authorities" (ITAs) are allowed to see voting product source code. In the case of Diebold, this was Wyle Labs and Ciber Inc. (formerly "Metamor"), both in Huntsville Alabama and often relying on the same pool of employees. These agencies are approved for this "certification" process by the Federal Elections Commission.

    These two acted as the "Arthur Andersons" to Diebold's "Enron".

    We know that in at least two cases Diebold specifically decieved the testing labs. We have Diebold's internal memos in which managers instructed lower-level people to lie to the labs; in one case Ken Clark (Sr. Engineer and head of the tech support group) didn't think that the BS they were to pass off would fly, but the report came back from the underling that it did.

    For detailed quotes of all this and technical analysis, see also my first two letters to the California Secretary of State, archived in the yellow table, right column:

    http://www.equalccw.com/voteprar.html

    Without the ability to even see source code, it's rather hard to blame anybody in California for this fiasco.

    Diebold on the other hand had a contractual duty to provide software that obeys the Federal certification process sans fraud AND California's election laws (which require high-security products). They blew off both contractual elements, so this isn't "tort law", it's "contract law", a much more cast-in-stone (and legitimate) area of law.

    Jim March / jmarch@prodigy.net

  93. Re:Just hope he doesn't have the case in Florida.. by McNally · · Score: 5, Insightful
    Except it's California. If Kerry doesn't take the state easily, that's a red flag to investigate
    I know that the Bush v. Kerry battle is the main event on the political calendar this year but it's important for people to remember that we have three branches of government in this country, two of them elected, and it's just as important who controls the other two. (And that's just at the federal level! State and local races matter, too!)

    Both federal legislative houses are fairly evenly divided and the Senate in particular is completely up for grabs. But a few closely contested House seats that get swung the wrong way while everyone's eye is on the big show could have a huge effect, too..

    I don't believe the tinfoil hats are called for just yet, but please try to remember that there's more than one election taking place this fall.
  94. Don't forget... by Anonymous Coward · · Score: 0
    More specific to the 2000 elections: "... Or the Republicans will threaten half the jury with jail time if they show up, and convince the other half that they aren't due for jury duty for another week, then use higher up, Republican judges to declare the whole thing kosher afterwards."

    Or democrat judges in Florida who MADE UP SHIT and IGNORED LAWS to find for Gore?

    I mean, let's be clear here.

    1. Re:Don't forget... by Anonymous Coward · · Score: 0

      I love the way both sides of the argument are always careful to provide cites, references and facts during the debate in order to support their argument.

      Or hey, I guess just writting IN CAPS can work just as well.

  95. Caveat emptor doesn't apply in general by Sycraft-fu · · Score: 1

    In the past in the US, yes, the onus was almost 100% on the buyer to see if a product really did waht it said it did and if not, too bad, should have checked harder. That's not so anymore, now companies must be generally truthful about their products. As many ads demonstrate, it's not like they have to be totally straight and narrow, but they can't make blatantly false claims.

    Now seeing how central to the operation of a voting maching security is, and since I'm sure California asked about, Diebold is probably liable here.

  96. Voting isn't all they do, you know by Sycraft-fu · · Score: 1

    There big bussiness is in ATMs, security, and card access systems. Thing is, all these systems have a group running them that WANT them honest. That an ATM might have an exploit such that the bank could hack it's records doesn't matter, banks WANT the ATMs to maintain an honest transaction record that matches their systems. There is no incentive to hack them. Not the case with voting machines.

    I really think the Diebold thing is more incompetence than malicious intent. Not sure who said it but "Never attribute to malice what can be attributed to stupidity." They know how to make ATMs secure, not voting machines (they require different kinds of security).

    1. Re:Voting isn't all they do, you know by jsebrech · · Score: 1

      And how do you know their ATM's are secure?

  97. Jesus Christ by DavidTC · · Score: 4, Informative
    How the hell did we get a story about Diebold without a link to blackboxvoting. There's a fucking backdoor in Diebold's tallying system where you can disconnect various tables in the database via typing a code in a secret location. And the tallying software doesn't just count Diebold votes, it normally counts all the votes.

    But, let's all yammer about California suing them while ignoring the huge revelations that have happened in the last two weeks WRT Diebold.

    --
    If corporations are people, aren't stockholders guilty of slavery?
    1. Re:Jesus Christ by Slashi · · Score: 1
      There's a fucking backdoor in Diebold's tallying system
      I even submitted this to slashdot almost a week ago, but it got refused. I find this very curious, too.
  98. Re:Jesus Christ - the BlackBoxVoting connection by JimMarch(equalccw) · · Score: 4, Informative

    AP is covering the same story in a wee bit more detail:

    http://www.theledger.com/apps/pbcs.dll/article?A ID =@@2004409071097

    Yup - Lockyer didn't FILE suit, he joined in the one by Bev Harris (Executive Director of BlackBoxVoting.org) and myself (Member of the Board of Directors, same org).

    AP keeps reporting that I'm a "programmer". Not true, I've tried to correct that several times now (I'm a former LAN sysadmin/tech support type).

    You can see an alternate version of Bev's "cheat code problem" described with screenshots here:

    http://www.equalccw.com/deandemo.html

    See also my other posts in this thread for more of the background by one of the OTHER plaintiffs - Bill Lockyer is only the newest :).

    NOTE: Bev and I demoed the same stuff as described in the link above to the California SecState's staff on August 18th of this year. Also present was an attorney from Lockyer's office. That may have been the final "tilt" Lockyer needed to join in; that or he saw how Solano County hosed themselves by paying Diebold $415,000 to go away less than two weeks ago.

    Jim March

  99. Well, they can't. by devphil · · Score: 1


    For as much as modern pundits seem to throw around the term "treason" these days, I'm surprised the term hasn't been applied to Diebold.

    Treason only applies to government and military. (And plain ol' citizens in certain contexts.) Not corporations. So any labels of treason would have to be applied to the officials of the State of California, not the appointed executives of Diebold. Even modern pundits know this, so they won't go there.

    (On the other hand, in this country, Corporations Are People Too!, so you might have a good run at trying to apply it.)

    I'll also mention this little gem by Harrington:

    Treason never prospers,
    what's the reason?
    For if it doth prosper,
    none dare call it treason.
    --
    You cannot apply a technological solution to a sociological problem. (Edwards' Law)
  100. we need more states to pick this up by Sjobeck · · Score: 0

    Next, we need a heaping helping more states to pick this up. This travesty is inconceivable. I mean, c'mon, really, this is disgusting. I wonder if a democrat would do this? So far, there is only history of republicans doing this, which isnt to say that there arent some loons in the DNC but just that it hasnt happened yet. So, hey, GOP, congrat's.

    1. Re:we need more states to pick this up by Kpau · · Score: 1

      You only have to review history to see that both parties and their ancestors have rigged elections, stuffed ballot boxes, and screwed the vote. Tammany Hall, Boss Tweed, and other wonderments come to mind.

    2. Re:we need more states to pick this up by iphinome · · Score: 1

      you forgot something a bit more recent, richard daily delivering the whitehouse to kennedy.

    3. Re:we need more states to pick this up by Kpau · · Score: 1

      oh yeah... Chicago and Daly during the 60s.... sheesh, that thought just made me want to go non-political again... eek.

  101. Stop the insanity by Scrameustache · · Score: 0, Redundant

    Oh for crying out loud!

    MODERATORS! STOP MODDING THIS UP!

    I have nothing against the guys in this thread, but DAMN this is WAY off topic. the mechanics of Australian police cars are off topic. Duh.

    Sheesh, you don't have to mod them down for eing off topic, but don't mod 'em up!

    --

    You can't take the sky from me...

  102. Re:Is this the right way to go about it? by Anonymous Coward · · Score: 1, Insightful

    That's Americans. Iraqi dead due directly to US action looks like between 15,000 to 35,000.

    Have a nice day.

  103. Re:Just hope he doesn't have the case in Florida.. by CountBrass · · Score: 1

    Don't know whether you noticed or not by The Governator is not a Democrat.

    --
    Bad analogies are like waxing a monkey with a rainbow.
  104. Re:Download the election software - author's reply by JimMarch(equalccw) · · Score: 5, Informative

    As the author, I can tell you that's a good page and the links to actual code still work.

    The information therein should be supplemented with this later data:

    http://www.equalccw.com/deandemo.html

    That's a "walkthrough" of the "hack demo" Bev Harris did with Howard Dean on CNBC a bit over a month ago. Complete with screenshots. It can be replicated with pieces downloaded from the "Dieboldtestnotes" page.

    Putting the actual code and sample data online REALLY pissed Diebold off something fierce; they filed a cease'n'desist notice against my ISP.

    Which did NOT succeed in taking my site down; on the contrary, mine is the only site to have completely survived a Diebold C&D with no downtime.

    To see how I pulled that trick off:

    http://www.equalccw.com/liebold.html

    My main "Diebold page" is at:

    http://www.equalccw.com/voteprar.html - the "Dean Demo" page will be linked from there soon (prolly tomorrow).

    Jim March

  105. Re:Is this the right way to go about it? by Beryllium+Sphere(tm) · · Score: 2, Funny

    >Glad at least some of the state governments are getting their heads out of their ass.

    Having some software knowledge among decision makers helps. For example, my state legislator used to work at Microsoft. He was the program manager for Access. His reaction to the idea of using Access to count votes is, umm, direct and to the point.

  106. And the funny part is. . . by Excen · · Score: 0

    That the "Liberal Communist Hippies" of California are doing the single-most important thing this year to preserve our system of representative democracy

    --
    "No beer until you finish your tequila!" -Leela's Dad
  107. The BIGGER issue... by d474 · · Score: 3, Informative
    You know, even if Diebold was competent, it wouldn't matter:
    "Meanwhile, William A. Arbaugh, an assistant computer science professor at the University of Maryland, College Park and part of the team, easily sneaked his way into the state's computers by way of his modem. Once in, he had access to change votes from actual precincts - because he knew how to exploit holes in the Microsoft software."
    Hacking democracy
    --
    Authority questions you. Return the favor.
    1. Re:The BIGGER issue... by JimMarch(equalccw) · · Score: 2, Interesting

      Yup!

      This year, the California legislature came up with a simple "recommendation only" bill to the Calif SecState urging him to look at Open Source as a concept. It was fought bitterly by, basically, Microsoft (via industry flunkies).

      M$ doesn't want Open Source seen as a higher-security alternative in a mission-critical app that *everybody* is involved in...even if it's the better alternative.

      Jim March

  108. Re:Is this the right way to go about it? by Kpau · · Score: 2, Insightful

    I spent a lot of the 80s working with software they called "mission critical" (you know.. like B-52 nuclear launch code or shuttle flight software). I view voting software as "mission critical", not some fucking variation of an Excel spreadsheet. Diebold's ATMs apparently were developed as "mission critical" ... isn't it interesting that voting software was treated so differently by a company with announced interests in who wins elections. I'd go with the AG if he called election fraud conspiracy and threw the book at Diebold's senior management and the project team for that matter.

  109. Fair Examination by ForThePeople · · Score: 1

    "confident that the state's decision to intervene will aid in a fair and dispassionate examination of the issues raised in the case,"

    Read as "Bush will let us off"

    --
    To make laws that man cannot, and will not obey, serves to bring all law into contempt. --E.C. Stanton
  110. Re:Download the election software - author's reply by FleaPlus · · Score: 1

    That's some great information. Thanks!

    Also, I'd like to thank you for all the work you've been doing to expose what Diebold has been up to. Please keep up the great work, and good luck in your efforts! Hopefully it'll be enough to keep us from getting disenfranchised in a couple of months.

    Is there anything that the rest of us can actually do to help?

  111. Another Mistake! by Farley+Mullet · · Score: 1
    . . .of the CA govn't, [the governor] is part of the executive branch, [the attorney general] is part of the judiciary

    Nope, they're both part of the executive: the judicial branch refers to judges, and the AG is the head lawyer -- like you alluded to, she decides what cases to pursue, and how to manage the legal affairs. That's executive function. The courts that decide those cases are judicial.

  112. People stupid enough... by Anonymous Coward · · Score: 0

    ... to let machines count their votes don't deserve democracy.

    Public counting is the first foundation of democracy.
    If you don't get it, then i understand why you don't live in a democracy (anymore).

    1. Re:People stupid enough... by Anonymous Coward · · Score: 0

      Yes, paper ballots are easily checked. No question about that. But how is the possibility of electronic vote fraud any different then election fraud in the past? That fraud is possible against some version of GEMS is immaterial. Fraud in elections has been constantly with us with paper ballots. Seems the good old days of residents of cemeteries voting in precinct elections in Chicago, to name one example, are easily forgotten. Has anyone seen anything that indicates that someone outside the election officials in a given precinct could alter the vote tabulation? Has anyone shown that the machines fail to account for all votes cast? These would be real issues, not some BS claim that electronic voting outside some proscribed use of open software will corrupt the election system. From my skimming of the responses posted here, no such situation has been alledged or evidence presented. Hmmmm.

    2. Re:People stupid enough... by DirkDaring · · Score: 1

      "At best, voting machines let you check the process, but not every single vote anymore, which is waaaay weaker however you take it."

      And you're proof of this is where? Are you telling me the machine can't be programmed to record:

      "DirkDaring, voted for Tom Brady for President on November 20th at 1:34:32pm. Click here for an .mpg video of him pushing the button for his vote taken from 15 angles in the voting booth."

    3. Re:People stupid enough... by BrainP1L07 · · Score: 1

      That's a brand new concept of anonymous voting i'd never thought about...

      I suggest you get a candy whenever you happen to vote for the winner guy, and get spanked otherwise. What do you think?

      --
      "Take away our PlayStations
      And we're a third-world nation"
      A.D.
  113. Re:Is this the right way to go about it? by 808140 · · Score: 1

    Are you including sanction related deaths in that estimate? It seems rather conservative, really.

  114. Speak for yourself! by Anonymous Coward · · Score: 1, Informative

    If Bush wins, we *all* "take it up the arse.
    Some of us are Multi-millionaires incorporated in the Cayman Islands so we don't have to pay income tax, and, like the President and Vice President, hold a sizable fraction of our personal wealth in companies, like Halliburton, that help maintain important energy infrastructure in rogue terrorist nations like Iran.

    Keep your eye on the ball if some Saudies blow up my accountant, I can get a new accountant. But the value of my shares increase proportunately with the uncertainty in energy production, since theoretically Halliburton provides services that reduce that uncertainty. That kind of return, you can't just get that anywhere....

  115. No security, or even backdoors? by Slashi · · Score: 3, Informative

    According to http://lists.seifried.org/pipermail/security/2004- August/004631.html and http://www.blackboxvoting.org/?q=node/view/78, there is even more than just missing security in the Diebold election machines. If these are true, than Diebold might have more troubles than it seems so far.

  116. Re:Just hope he doesn't have the case in Florida.. by zeruch · · Score: 2, Interesting

    California has for quite a while had a largely Dem legislature and an often enough GOP member for Governor (i.e. Reagan, Deukmajian and Wilson).

    That being said, CA as a state in Federal elections leans quite heavily towards Democratic candidates.

  117. Diewhining by bushwahd · · Score: 2, Funny

    Damn trial lawyers. Protecting our right to vote! Well, they'll all be rounded up when Bullsh 'wins' again and installs Oberflecksaspittenfuhrer Zellfire Miller as the new Minister for Protection of Das State.

  118. People stupid enough... by BrainP1L07 · · Score: 2, Insightful
    ... to let machines count their votes don't deserve democracy.

    Public counting is the first and the strongest base of democracy. Interestingly enough, it's the first process in humankind where security has been achieved by transparence. And as such, the first open-source philosophy process in human history. Anybody must be able to check the process. Originally, you had to able to count (raised hands). Then, with more candidates, more people voting and anonymous voting process, paper ballots implied you also had to know how to read. Fair enough, as 97% of US people over 15 can read, according to the CIA world factbook (it's doubtful weither the 3% left care at all about politics, blind people left appart). It's a very powerfull process, for each and every vote is publicly checked, and can be checked by anyone (above defined). At best, voting machines let you check the process, but not every single vote anymore, which is waaaay weaker however you take it. Furthermore, this process itself, FOSS machine or not, can only be checked by a ridiculously small and elitist group of people.

    --
    "Take away our PlayStations
    And we're a third-world nation"
    A.D.
  119. I'm sure that's not all being defrauded by sl4shd0rk · · Score: 1

    There seems to be a large push by the political leaders in this country to get these digital voting machines implemented as quickly and as widely as possible. Nothing ever happens fast in politics unless there is a lot of sex, money, or scandal involved. The fact that several articles have been posted on /. about the fucked integrity of these machines makes me question all the more the intentions of this "political system".

    --
    Join the Slashcott! Feb 10 thru Feb 17!
  120. First you get machines to count your votes... by BrainP1L07 · · Score: 1

    ... then you get a prez that's worth a 16MHz 80386.

    --
    "Take away our PlayStations
    And we're a third-world nation"
    A.D.
  121. Re:Just hope he doesn't have the case in Florida.. by Anonymous Coward · · Score: 0
    Except it's California. If Kerry doesn't take the state easily, that's a red flag to investigate. :P

    Don't bet that Kerry will win California. In fact don't bet that he will win any state with the possible exception of Mass-uh-chew-setts. There again, the people in Mass. are not that bright. They elect Ted Kennedy after all. What does he do for them? Not much. He is wasted space.

    Kerry's campaign is doomed. He has foot-in-mouth syndrome bad. He also does dumb things. He's got 3 purple hearts!... yea John, tell it to someone who cares. The first one you got because you were screwing around. Lucky you didn't blow your head off or kill one of your shipmates. A John Paul Jones your not! Your just a wanna-be. Everyone realizes it. You say "bring it on" at the convention and then get upset when they do. Can't stand the heat then get out of the kitchen.

    Don't get me wrong, I'm not a Republican. You guys don't seem to understand that John is just the entry in a contest that the Dem's knew they couldn't win. A placeholder. Sort of like Mondale was in 1984 when Reagan beat him bad (won every state but one). That is because the Democratic party is to leftist and out of ideas. The country is moving to the right. Hilary understood this long ago, that is why she didn't take being VP. If she had and he bombed, she would be done. She may be done anyhow, I doubt she could get re-elected.

    Kerry knows this too. That is why he and Edwards haven't resigned their Senate seats like Bob Dole did for the 1996 election, and others have done in the past. They know they can't win.

    Finally the MTV awards tells the story well. The cheared for the Bush girls and booed the Kerry girls. That in heavily democratic Miami, in what is supposed to be heavily democratic MTV! It was then that I realized Kerry is done. Their "get out and vote" very well could have backfired. They thought kids were stupid and would blindly vote for Kerry.

  122. y2k catastrophy by Anonymous Coward · · Score: 0
    See "The Y2K bug will destroy civilisation so you better stock up on cans of food and bottled water and shotgun ammunition, and a bunker in the middle of nowhere would be good too..."

    Huh, are you telling me that it's safe to come out of my bunker now?

  123. Re:Just hope he doesn't have the case in Florida.. by Anonymous Coward · · Score: 0

    > > we have less of chance of a Bush/Gore fiasco raising its ugly head and saying "I'll be back".
    >
    > Except it's California. If Kerry doesn't take the state easily, that's a red flag to investigate. :P

    Right. In California, there are other things that can raise their ugly heads and say "I'll be back."

  124. Re:Jesus Christ - No, Pierce Morehouse Patchett by timothy · · Score: 1

    Actually, we mentioned the backdoor a little while ago.However, a lot of people have resubmitted it, so I realize that not everyone saw it.

    timothy

    --
    jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
  125. Look at Diebold's ATM Machines by ImaLamer · · Score: 1
    now the conspiracy theories about handing the election to bush (regardless of merit) may be political, the machines and their (lack of) adoption and use is Tech related.

    Conspiracy theories?

    Well, no matter what about the Diebold machines out there that do malfunction...

    Do you want your "eVote" machine to fall back into a Windows or Linux interface. (Us Slashdot'ers should boycott Diebold for their use of Windows, right?)

    But seriously, there are plenty of non-profits out there that don't support either candidate that oppose electronic voting machines. I'm not sure of their slant, but look at Black Box Voting(.org) for a whole list of problems.

    I'm no Luddite, but please let's not give the election away to anyone. Even if it's my candidate...

  126. On a side note.. by Jakhel · · Score: 0

    I was at the bank's drive through "express" teller yesterday and looked over at the machine used to send money to the teller's box (you know, the one with the little canister and vacuum tube) and guess who's name was imprinted there? That's right, Diebold.

    Kind of makes you think doesn't it? No? Ok nevermind then.

    1. Re:On a side note.. by JimMarch(equalccw) · · Score: 1

      THAT is what Diebold is best known for, along with bank vault security systems.

      Voting stuff is a recent sideline that happened when they bought a Canadian company called Global Election Systems in 2002. See my other post in this thread discussing the history of that.

      Funny sidenote: the Diebold ATMs sure as hell feature a "paper trail" :).

      Jim March

    2. Re:On a side note.. by raiyer · · Score: 1

      A friend from India pointed out that the recent elections in India (with more than 300 million votes cast) were all on Electronic voting machines and nary a problem. See : http://eci.gov.in/EVM/ Sure they took 3 weeks to complete it, given security and other concerns..but that is still faster than the 2000 US presidential elections :-) /Ravi

  127. I'm baffled... by Cboyd0319 · · Score: 2, Informative

    Last year (state elections) I worked for Diebold in Georgia. As far as Sys Admin jobs go, this one was VERY simple, and the county I was supervising had NO problems. I briefed my elections officials the day before the election, making sure that if they had any questions to ask before hand. Come election day, they brought in the results, I entered them into the system, printed the verification reports, and that was all. Extremely simple, and there was no point when any machines were on a LAN (I've heard stories that there had been problems because people put the machines on LAN's. Cover your bases, don't hire idiots, and show some type of security. (Since the systems aren't that secure, you must keep them off a LAN.)
    ...Survival of the fittest...
    ...So when do all these idiots get dealt with?

    1. Re:I'm baffled... by Anonymous Coward · · Score: 0

      You're baffled?

      Well maybe you should RTFA!

  128. Re:corruption by NSupremo · · Score: 0

    I feel you've underestimated the degree to which this country is fucked up.

    I don't trust the election process a single bit and have no faith it will be carried out legally or honestly.

    --
    http://en.wikipedia.org/wiki/2004_U.S._Election_co ntroversies_and_irregularities
  129. LINK POSTS TO 404 REDIRECT by Benanov · · Score: 1

    Someone has hijacked that link. http://www.equalccw.com/deandemo.html now redirects to http://www.microsoft.com/ Someone's toyed with your link, my friend.

    1. Re:LINK POSTS TO 404 REDIRECT by JimMarch(equalccw) · · Score: 1

      Huh. Works for me. Anybody else have a problem?

      That AP link is down, but:

      http://www.equalccw.com/deandemo.html ...still works.

      Jim March

  130. Wha... by PurplePhase · · Score: 1
    ...we have three branches of government in this country, two of them elected, and it's just as important who controls the other two.
    Three equals two elected plus two.. uh, wait, almost got it... let me try again:
    3 = 2 + 2...

    BOOOM!
    [head explodes]

    8-PP
  131. Conversely... by kria · · Score: 1

    Indiana is a state that is a give-me for the Republicans for Presidential elections, but frequently has Democrat governors and other elected officials.

  132. Lockyer loves the cameras by ackthpt · · Score: 1
    You don't think it has anything to do with the false claims made by diebold, or their failure to place certified machines in the voting districts?

    I think it's because it's in the news and Bill likes to see his name in print.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Lockyer loves the cameras by mefus · · Score: 1

      But the fact it's his job doesn't influence you...

      oookay.

      --
      mefus
      In Open Society, GPL Software frees YOU!
  133. Solution for a problem that doesn't exist? by Ohreally_factor · · Score: 1

    It depends on how you define the problem. Florida was a close call, and if it weren't for the last minute action of the Supreme Court, Bush would have lost the presidency.

    So the problem is really, "How can we more easily and reliably fix elections? How can we make the election-fixing process more obscure?"

    Now, part of the implementation of the solution is to make up another pressing problem for which it is the supposed answer. And what is that problem? Hanging chads! Messy recounts! Messy Democracy!

    By the way, the fix is already in in Florida. The courts in Florida have already ruled against requiring auditable electronic voting machines.

    So I wouldn't blame all politicians. I'd blame those in power that will do anything to remain in power, including overturning our democracy.

    --
    It's not offtopic, dumbass. It's orthogonal.
  134. More likely... by Anonymous Coward · · Score: 0

    I deal with crap like this often. More likely they asked if their machines *could* do this and that. The sales guy says they *can* do that. But this never gets marked up as a formal request.

    During the project these features are assumed to be there by the customer, California.

    Later, the project manager requires changes of the product.

    The end result is a product to California Spec, but the California project manager forgot to formally mandate certain requirements and then suggested other features which broke existing functionality.

    Not saying this is what happened, but lord do I see this happen often.

    Regardless, if it is anyones' fault, it is the State of Californias' project leader.

    My .02

  135. GOATSE LINK! MOD THIS DOWN! by Sans_A_Cause · · Score: 0

    Links to a goatse site.

  136. Re:Just hope he doesn't have the case in Florida.. by SomeGuyFromCA · · Score: 1

    > You guys don't seem to understand that John is just the entry in a contest that the Dem's knew they couldn't win.

    Funny, I thought Kerry was just their somewhat-good enough candidate to ride the Bush backlash into the white house. After all, Anyone But Bush, right? [35 kb animated gif, sfw]

    --
    if the answer isn't violence, neither is your silence / freedom of expression doesn't make it alright
  137. Randi Rhodes of Air America Quotes. by DAldredge · · Score: 1

    "But before we get to the interview, Randi forwarded some of her recent musings to BuzzFlash.com, which are posted below:

    "It's disgusting looking back now at the friends you keep when you are addicted (when you are a news junkie). Brit Hume, Tony Snow, Bill O'Reilly... They are bad men. Very bad men. All they want is to get you into it. I call it "THE LIFE." They're dangerous. They distort your mind. They seem like they care about you getting the news, but really they just want their money and fix of Clinton...

    Although... I am Glad that Laura Bush is in the White House... She believes that a child beginning at the very earliest age must be taught (how to respect the servants). What a great job she did with Jenna and the "other one". But by now I think the secret service must be used to those late night runs to the convenience store for beer, rolling papers, and condoms. Not to mention the boyfriend pick ups at the local county jail. But she tips well, though, as a liberal... I must observe that even when you are the progeny of a Patrician Dynasty there is certainly no excuse for not knowing how to hide your boozing...

    GEORGE is a completely different matter. Did he really declare our Long National Nightmare of Peace and Prosperity is finally over? I thought I heard that. I MEAN here is a guy who thinks we should solve California's energy crisis by running an extension cord from Vegas. Guess Exxon's losing too much money on those free coffee refills. The only explanation we've gotten is that Clinton had no energy policy. Well then I guess the DRUNK MONKEYS that pick the daily oil prices have been in a bad mood since Bush came to town... "

    ---999---

    Sure looks like that meets the 'lefts' def of hate speech.

    1. Re:Randi Rhodes of Air America Quotes. by Darby · · Score: 1
      Hmmm..
      Well, I responded with a joke to your comment which was IMHO quite incorrectly modded as flamebait since you were, in fact, correct if perhaps offtopic (no more than the parent you were responding to if so though) and you come back with an ignorant response to my sig.

      Do you know anything but attack?
      Well, the fact that there is one station in the country airing any sort of response to the mindless hate spewing from oh so many radio and TV stations is scary to you, I guess. But the fact is that there is no comparison between the raw evil hatred spewing from the right wing fanatics and Air America.

      Some examples:

      They are bad men. Very bad men.... They're dangerous. They distort your mind.

      Presumably you don't agree with this? Well, people will believe the most irrational things.

      "We should invade their countries, kill their leaders and convert them to Christianity." -Ann Coulter on Muslim nations.

      Oh yeah, the right wing nutjobs are *really freaking dangerous*
      Oh, I'm sorry, that was hateful of me, right?

      Although... I am Glad that Laura Bush is in the White House... She believes that a child beginning at the very earliest age must be taught (how to respect the servants). What a great job she did with Jenna and the "other one". But by now I think the secret service must be used to those late night runs to the convenience store for beer, rolling papers, and condoms.

      Well, let's see. Laura Bush killed her old boyfriend. George was an alcholic coke addict. Yet they are the "family values" types. Hmmm...
      Their family has a pretty bad record. From actively supporting the Nazi's during world war 2, to raising Crack addicts, the family clearly has no sense of decency or any clue as to what it takes to raise a decent human being. Now the Bush twins (so far as we know ) just like to get falling down drunk, which is typical for college, but given that their dad is a non-drinking but unreformed alcoholic, the odds of them turning out that great are pretty slim. Now, granted they didn't ask to be where they are. It is so awful to attack the children of a public figure. The right wingers would never imply that known college partiers were partying, would they.

      No, they attack 13 year old girls for things they have no control over.

      "Everyone knows the Clintons have a cat. Socks is the White House cat. But did you know there is a White House dog?" Limbaugh said on TV, before holding up a picture Chelsea.--Rush Limbaugh

      In fact, they actually advocate murdering her:
      Here's a real nice piece of work from John Derbyshire, Natonal Review:

      Chelsea is a Clinton. She bears the taint; and though not prosecutable in law, in custom and nature the taint cannot be ignored. All the great despotisms of the past -- I'm not arguing for despotism as a principle, but they sure knew how to deal with potential trouble -- recognized that the families of objectionable citizens were a continuing threat. In Stalin's penal code it was a crime to be the wife or child of an "enemy of the people". The Nazis used the same principle, which they called Sippenhaft, "clan liability". In Imperial China, enemies of the state were punished "to the ninth degree": that is, everyone in the offender's own generation would be killed, and everyone related via four generations up, to the great-great-grandparents, and four generations down, to the great-great-grandchildren, would also be killed. (This sounds complicated, but in practice what usually happened was that a battalion of soldiers was sent to the offender's home town, where they killed everyone they could find, on the principle neca eos omnes, deus suos agnoscet -- "let God sort 'em out".)

    2. Re:Randi Rhodes of Air America Quotes. by DAldredge · · Score: 1

      It is rather telling that you consider my posting of the words of one of the top AirAmerica hosts as idiotic.

      You get pissed when the right says, what you call hateful, things. But, when your side does the exact same thing it is OK.

      It is either wrong when both sides do it or it is right when both sides do it, you can not have it both ways.

      You will also note that I did not defend the RNC echo chamber that most talk radio has become. Why is it that neither side can respond to criticism of their side? The two main sides just attack each other, never discussing anything important.

      Last, you need to quite makeing assumptions as to what side the person you are responding to is on.

    3. Re:Randi Rhodes of Air America Quotes. by Darby · · Score: 1

      It is rather telling that you consider my posting of the words of one of the top AirAmerica hosts as idiotic.

      You get pissed when the right says, what you call hateful, things. But, when your side does the exact same thing it is OK.


      Obviously, you completely missed the point
      Critical is not hateful. Honest debate is not hateful. Pointing out the lies people tell and refuting them with the actual facts with an admonition to examine the facts yourself before deciding is not hateful.
      The quotes you posted were critical, mostly in a humorous fashion. The quotes I responded with were calls for murder, attacks on 13 year olds, and demonstrations of howthe typical right wing media personality deals with attempts at open discourse.

      I didn't say that you posting quotes from Air America was idiotic, I said it was ignorant to try and use quotes like that to try and demonstrate that they use hate, when there is no hate there.
      Bush gets his energy policy from blind monkeys versus we need to murder Chelsea Clinton to prevent Bill and Hillary's bloodline from polluting the world?
      Those are not even in the same league.

      You will also note that I did not defend the RNC echo chamber that most talk radio has become.

      No, you said it was bad after 10+ years of this mindless bashing for Liberals to step up and defend themselves.

      Why is it that neither side can respond to criticism of their side? The two main sides just attack each other, never discussing anything important.

      Untrue.
      The majority of the programming on Air America is response to criticism, and discussing the issues in a meaningful way. Certainly, there is some emotionalism, but most of it is presenting the actual issues or refuting the lies spewed out by some of these delusional psychopaths. It certainly isn't happening anywhere else in the media. Look again at that O'Reilley transcript. That was an attempt by one side at open discourse with O'Reilley shouting down every point and making up new delusional lies to cover up his previous lies which were being exposed while the so called moderator did nothing to aid in an honest discourse.

      Last, you need to quite makeing assumptions as to what side the person you are responding to is on.

      I'm not sure where I did that. You seemed to be saying that being critical of people is on the same level as inciting murder, because you certainly didn't present anything even remotely hateful. If that isn't what you were saying, then I'm really not sure what your point is.

  138. Re:Just hope he doesn't have the case in Florida.. by LifesABeach · · Score: 1

    I read the article. It looks like State's DA went after Diebold like a bunch of hustling wise guys. I don't think that's the problem.

    The problem is in the engineering, NOT the money. The inability to count votes manually in this day and age is an act of nieve ego combined with insanity. Accidents happen with new products. This is not a case of 'oh-well, we'll do better next time'. The raving lunitic in the executive branch of the U.S. government is a clear sign of voting gone wrong, for all the right reasons.

  139. Non-News Links by Adam9 · · Score: 1

    Here's a nice video of Diebold's sales pitch in Texas.

    Here's a preliminary security report that Ohio and Maryland paid for in the beginning of the year.

  140. Re:Is this the right way to go about it? by Anonymous Coward · · Score: 0

    No, that is the answer to the question "Do you really want to think how many Americans would be killed if we a madman in the Whitehouse?

  141. Re:Just hope he doesn't have the case in Florida.. by JimBobJoe · · Score: 1

    I don't believe the tinfoil hats are called for just yet, but please try to remember that there's more than one election taking place this fall.

    And I would agree with you,but thanks to the way that California redistricts, almost all of those races have already been decided in advance.

  142. There you go again... by Infonaut · · Score: 1
    It's a lot easier to create a War on X.

    Whazzumatter with you? Did you stop drinking the soma or something? When you stop thinking in binary fashion, you become very dangerous. So stop looking for multiple-choice answers and be a good malleable American, dammit!

    --
    Read the EFF's Fair Use FAQ
  143. Re:Download the election software - author's reply by JimMarch(equalccw) · · Score: 1

    Well the thing is, we didn't expect Lockyer to actually get this decision right. He took his own sweet time about it (correction though: we filed in November '03, not Oct. '03).

    But now that he HAS done the right thing, it's the wrong time to put political pressure on him.

    We should know fairly soon whether or not Diebold is going to settle. The AG's office says they're going to amend the complaint to reflect the results of their technical inquiry that they apparantly did this year.

    The real question is, how do we use Lockyer's decision to affect Maryland, Ohio, etc? I'm not sure.

    I think we hang tight for now. Understand, a settlement in California that drives them out of state WILL drive Diebold out of the vote biz (which is a small percentage of their overall revenues and leaving the vote biz will probably drive their stock price UP because the hideous PR will start to dry up).

    We take whatever happens in the next month (settlement or an enhanced amended complaint) and we use that to bash the elections departments in other states with.

    Jim March

  144. Re:Is this the right way to go about it? by CrkHead · · Score: 1
    What if voting machines conspired to elect a whacko to presidental office? Do you really want to think how many people would be killed if we a madman in the Whitehouse?

    I'd say about 12,000.

  145. You're forgetting about intent by name_already_taken · · Score: 1
    A prosecutor would have to prove beyond a shadow of a doubt that Diebold intended to have the backdoor available for the purpose of election fraud.

    It would probably be easy for Diebold's attorneys to show that Diebold's intent in making the backdoor was for maintenance of the system or for diagnostic purposes, or was just the result of a screw up.

    I think it would be difficult to prove such a conspiracy unless there is a lot more evidence out there to support the other parts of a conspiracy.

    --
    Putting moderation advice in your .sig lowers your karma!
  146. Re:Is this the right way to go about it? by K1-V116 · · Score: 1

    Indeed. That's the population of the town I grew up in, right there, and then some. :(

    --

    Got mead?

  147. Re:Is this the right way to go about it? by cmowire · · Score: 1

    Yes, and the bloody slot machines in Vegas have better security.

  148. Re:follow up article by Anonymous Coward · · Score: 0
    Ok, I fell for this one and stepped right in it.

    It looked like an informative link.

    Apparently what this joker does is post something like this, and redirects to a good relevant link, then waits to be modded up.

    Then he opens up the page and changes the redirector to a goatse.

    And makes the moderators look like an ass.

    Remember this link. If you see it again, mod carefully.

    I "stepped right in it" and now have to clean my boots. Please learn from my mistake so you don't step in it too.

    http://technewslive.info is NOT http://www.technewslive.com !!!

    anubi.

  149. Diebold Campaign Contribution to Bush $14,965 by MtbRocket · · Score: 1

    FYI, Walden W. O'Dell, Diebold Systems, $14,965 in campaign contributions to Bush