[A2k] 2 DAY WARNING: Microsoft Moving to Overturn Election Code Disclosure Rules in NY State

[Seth Johnson]

(This is of particular relevance for New Yorkers.  Note that the
measure may be voted on in the next two days.  -- Seth)


> http://nyvv.org/blog/bolipariblog.html


Microsoft Muscles the NYS Legislature

Software giant moves to weaken NY Election law

Saturday, June 16, 2007


The 800 pound gorilla of software development has moved
forcefully into New York State, supported by voting machine
vendors using Microsoft Windows in their touch screen voting
machines and other systems. Over the last two months Microsoft
and a cadre of high paid lobbyists have been working a full-court
press in Albany in an attempt to bring about a serious weakening
of New York State election law. This back door effort by private
corporations to weaken public protections is about to bear fruit.

On Thursday, June 14, I recieved a copy of proposed changes to
New York State Election Law drafted by Microsoft attorneys that
has been circulating among the Legislature
(http://www.nyvv.org/newdoc/MSProposedAmendment.pdf). These
changes would gut the source code escrow and review provisions
provided in our current law, which were fought for and won by
election integrity activists around the state and adopted by the
Legislature in June 2005. In an earlier blog I wrote about
Microsoft's unwillingness to comply with New York State's escrow
and review requirements (http://nyvv.org/blog/2007/04/microsoft-
says-we-wont-escrow.html). Now the software giant has gone a step
further, not just saying "we won't comply with your law" but
actively trying to change state law to serve their corporate
interests. Microsoft's attorneys drafted an amendment which would
add a paragraph to Section 1-104 of NYS Election Law defining
"election-dedicated voting system technology". Microsoft=92s
proposed change to state law would effectively render our current
requirements for escrow and the ability for independent review of
source code in the event of disputes completely meaningless - and
with it the protections the public fought so hard for.

Adding insult to injury, these changes are being slipped into a
bill that may be voted on Monday or Tuesday, June 18 or 19. That
bill's stated purpose is to make "technical changes" to the
recent law moving the date of New York's presidential primary to
February. Because this bill involving the new primary date must
be passed next week before the Legislative session ends (New York
has jumped on the bandwagon to be part of the super presidential
primary in February 2008) this grave weakening of the public=92s
right to review software would come along part and parcel with
the primary date change. The players promoting this behind the
scenes are relying on the fact that this reprehensible
eradication of citizen protections won't be noticed until it's
too late. If Microsoft and the vendor lobbyists had their way,
the public would have known nothing about this until after the
law passed. Well that much at least, didn't work. We=92ve found out
about this secretive move, albeit only four days before the bill
containing this poisonous provision is to be voted on. The
question now is will the Legislature approve this appalling
weakening of our law?

Up to now, New York State has been rightfully proud to have
adopted some of the strictest regulations regarding the new
electronic voting systems in the entire nation. The Legislature
has been patting themselves on the back for two years now for
passing such an excellent set of laws. For the most part, they
had a right to be proud
(http://www.lwvny.org/advocacy/legAgenda/VotingMachIss.NYS12_06.p
df). But now these powerful private companies are working the
Legislature behind the scenes trying to quietly change New York
Election Law to remove the public=92s protections and to serve
their private interests.

The big question is, will the New York State Legislature give in
to these powerful corporate interests or will they stand up for
transparency, security, and the public's right to know?

Take Action Now - It=92s urgent that you call your State Senator
and Assembly representatives on Monday, June 18, at their Albany
offices, and tell them they must not weaken New York State=92s
escrow and review requirements. Remind them that the Legislature
passed a strong law 2 years ago - they must not give in to
pressure by voting machine vendors to undermine those protections.

Find your Assembly member=92s contact information here:
http://www.assembly.state.ny.us/mem/
(Not sure who your Assembly member is? Click here to search by Zip
Code)

Find your State Senator=92s contact information here:
http://www.senate.state.ny.us/senatehomepage.nsf/senators?OpenForm
(Not sure who your State Senator is? Click here to search by Zip Code)