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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.
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.
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..
Any computer used in a federal election (even though run at the state level) arguably by as "used... for...the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government"
State elections would be right out though.