Justice Department Warns It Might Not Be Able To Prosecute Voting Machine Hackers (vice.com)
An anonymous reader quotes a report from Motherboard: After more than a decade of headlines about the vulnerability of U.S. voting machines to hacking, it turns out the federal government says it may not be able to prosecute election hacking under the federal law that currently governs computer intrusions. Per a Justice Department report issued in July from the Attorney General's Cyber Digital Task Force, electronic voting machines may not qualify as "protected computers" under the Computer Fraud and Abuse Act, the 1986 law that prohibits unauthorized access to protected computers and networks or access that exceeds authorization (such as an insider breach).
The report says the law generally only prohibits against hacking computers "that are connected to the Internet (or that meet other narrow criteria for protection)" and notes that voting machines generally do not meet this criteria "as they are typically kept off the Internet." Consequently, "should hacking of a voting machine occur, the government would not, in many conceivable circumstances, be able to use the CFAA to prosecute the hackers." Aside from the fact that the assertion about voting machines not being connected is incorrect -- many voting machines are connected in that they use cellular and landline modems that connect with cell towers and backend telecom networks to transmit results on election night -- the government's assertion that the CFAA applies only to connected machines is news to legal experts.
The report says the law generally only prohibits against hacking computers "that are connected to the Internet (or that meet other narrow criteria for protection)" and notes that voting machines generally do not meet this criteria "as they are typically kept off the Internet." Consequently, "should hacking of a voting machine occur, the government would not, in many conceivable circumstances, be able to use the CFAA to prosecute the hackers." Aside from the fact that the assertion about voting machines not being connected is incorrect -- many voting machines are connected in that they use cellular and landline modems that connect with cell towers and backend telecom networks to transmit results on election night -- the government's assertion that the CFAA applies only to connected machines is news to legal experts.
...if those same voting machines were downloading movies or whatnot, why the Feds would be all over them with black helicopters, etc.!
This needs to be corrected right away! Clearly we need to put legislation into place that gives further government authority and oversight to our personal computers, whether they're connected to the internet or not.
Pence/Guccifer 2020! NO COLLUSION (required)!
We were told airliner SATCOM and flight control systems are not connected to the internet, too, right? Or the Windows XP machines that control nuclear fuel enrichment facilities? If I unplug the Ethernet cable from the back of my flatmate's Mac Book first, all's fair?
I am really curious as to why they would take a position like this unless they want to actually encourage hacking election systems ("You'll be untouchable!" is the message) so that they'll some excuse when the numbers don't actually add up in their ordained successor's favor.
The proper word is "it's", you fucking moron.
They are only saying this as a pretextual excuse to try to convince lawmakers they need even more laws or statutory authority to punish "those evil hackers". Much like the ordeal with the FBI complaining about needing new laws to stop terrorists because Apple was protecting consumer privacy and not providing them backdoors to unlock phones or allowing them mass surveillance tools, when in reality they had all the tech they needed to unlock the phone.
It's crap in many more ways than just this. Sorry but hacking your high school to change a grade doesn't deserve a harsher punishment than rape or assault.
So you can hack a computer if you slice off the ethernet cord first?
I'm not seeing the problem. If they're not connected to the Internet, by definition the hacking occurred inside the state in question.
Doesn't sabotaging a legal or an industrial process or a properly isolated power plant lead to charges in the US now?
Trump is about to admit that the Russians cracked a number of voting machines, BUT, there is nothing that can be done about it.
Seriously, it is an embarrassment that we do not have a generated ballot, with the printing done in the language that voter selects from each machine, and then is checked by voter before putting in the box. This should have happened clear back in the 00s, and we should require that now, or return back to butterfly election machine.
I prefer the "u" in honour as it seems to be missing these days.
This is the Justice Department. They're all about using every law on the books to make their targets sweat (cf. Swartz, Aaron). Why would they ever state publicly that they can't do something?
Maybe they want to prod Congress to "update" CFAA with even greater overreach (and maybe some language about cryptographic backdoors)? Or maybe they're pre-emptively covering their asses for not doing anything about electronic voting machines?
If someone commits fraud by tampering with a traditional vote that is a crime. IANAL so I don't pretend to know exactly which crime. Just because they tamper with a computer tally rather than an old school tally it doesn't magically become legal. This is simply the old yarn that we need a special law that says "with a computer." If I bash someone over the head with a hammer and kill them it is murder. If I instead bash them with a computer and kill them it doesn't magically become legal. Of course if I ksh or ash them that is a different story :-)
Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
The CFAA is great for getting awesome coders to kill themselves. It does nothing to prevent computer abuse or fraud.
The "Department of Justice" doesn't administer justice... only pain and injustice.
E
that law couldn't be any broader if it tried. Thanks to it _any_ unauthorized access to a computer system is criminal. And so what if they can't use the CFAA. There's plenty of existing law to cover interfering with an election. They're after more powers, that's all.
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This sounds like the fcc saying that internet providers are "competitive" when there is only 1 ISP as long as there is another 1/2 a mile away from them. I wonder who is directing these perfectly reasonable legal thoughts/determinations.
Primitive action by powers that be for upcoming tomfoolery.
If the ballot box is broken, it is the beginning of the end of US
âoeCouldnâ(TM)t charge themâ????
Resisting arrest
Perjury
Logan Act
Broken taillight
Alien and Sedition act
Tax evasion
Being a Trump supporter
âoeStop resisting!â
Endangered Species Act
Zoning violations
Not baking a cake
Refusing to allow troops to be quartered in your Home during times of peace.
So! Many! Choices!!!!
They're starting a narrative about a loophole in the laws for criminals to get away with violating the core of democracy and taking away your votes.
Next step will be to introduce more restrictive, wide reaching laws. Probably along the lines of "it's illegal to use any computer system for any reason but its intended purpose".
Finally, John Deere et. all will use the new laws to sue 3rd party repair agents and prosecute anyone who attempts to install "unintended" software on their products or work around restrictions they've put in place..
Isn't the proper word "itâ(TM)s" ?
The law uses the word "protected computer", which is defined as the following:
a computerâ" (A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or
(B) which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.
As voting machines are not a computer for a financial institution or the United States Government (they are a State Government owned device, not the federal "United Stated Government"), and they are also not used in interstate or foreign commerce or communication (they only communicate within their own State), voting machines fail to meet the standards as defined for a "protected computer" under the law.
We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
Not connected to Internet. Uses cellular network.
It looks like this is currently handled on a statewide basis. Some states have no law regarding voting machine tampering, some punish it with a fine, some classify it as a misdemeanor, and some as a felony.
http://www.ncsl.org/research/elections-and-campaigns/state-statutes-prohibiting-tampering-with-voting-systems.aspx
It would help if there were a federal law with substantial criminal penalties. No need really to invoke "computers" at all.
You can't rig a national election by hacking physical voting machines. You *might* be able to change the votes on that machine. You *might* even be able to change multiple machines if you happen to have access to them.
But in elections decided by thousands upon thousands of votes, It's just not possible to physically hack that many voting machines to make a difference.
Can't they just be charged with treason?
we've got elections going by a few thousand votes right now, so I'm inclined to say you could.
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Well, you didn't want a weak prosecutor or weak laws, did you? So you got vague laws that can be twisted any which way, and a DoJ set up not to do justice but to produce convictions by the spaghetti method.
Take the "computer hacking" law, which conveniently forgets to define what this "hacking" thing is. Thanks to this but also thanks to entertainment, media, and even the computer security s'kiddie cowboys themselves, "hacking" hasn't ment anything of substance in a long time. And that makes "hackers" into all-powerful elusive bogeymen of the cyber spaces.
So the prosecutor here is complaining they can't prosecute the bogeymen of the cybertubes. Well of course not, or they wouldn't be bogeymen.
Isn't the proper word "ita(TM)s" ?
No, I'm fairly sure it's "it's" (tm).
SJW n. One who posts facts.
Pretty sure it would count as election tampering, and if that's not already more serious than the CFAA, then that's a bigger problem.
just say no to voting machines without paper trail.
lol rustled soyboy btfo
lie / claim with no evidence - Trump admitting
verdict - just likes the sound of his own voice, anti Trump
No connectivity at all should be allowed for any voting machine. At the end of the night, the machines should be shifted into tally mode. From that point on, all they're capable of is to print their tally along with a timestamp, machine ID, and cryptographically secure hash. Scan the sheets and transmit to the election board. There's a bit more stuff in the middle to prevent stuffed tally sheets and other problems; but the math is sound, fraudsters easily detected, and privacy protected.
If any company really wants to make a case that their voting machines are the best, all they need to do is let them be attacked at Defcon, Blackhat, and the like and see what happens.
there is no evidence any of machines were hacked, this is just more anti-trump paranoid delusion from democrat party. regular hard working americans like us on Slashdot.Org know better.
Clickbait headline much? Of course they can prosecute someone hacking voting machines on probably a dozen different charges. This removes only one.
"We are unable to prosecute those who keep us elected!"
Never mind the computer, tampering with an election is a crime even if it uses paper ballots. Quit spending all of our money lobbying for more power and more laws with scare tactics and do your damned job.
No problem, with Russia hacking the voting systems, just so long as I'm the last one hacking the systems, my candidate will win.
The CFAA was deliberately designed and had been used to prosecute literally anything. This is a bullshit argument.
Personally, I do away with ANY electronic ballot. Yeah, paper ones are a PITA, but, can't really be hacked unless someone dumps a ton of them into an election polling place. Also, the purple ink you see some 3rd world countries would be a good idea as well, and if "the fashionable" types wouldn't like that, go with a slightly invisible ink.
This is about the rule of law.
The government is not supposed to prosecute someone just because it seems to be the right thing to do. If the relevant law(s) define the crime(s) too narrowlly, that is a problem. But in general, we want laws to be as narrow as possible, so people can know what is "against the law".
"When the going gets weird, the weird turn pro" -- HST
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