[Upd-discuss] 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’s 
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’s 
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’ve 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’s 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’s 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’s 
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’s 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’s 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)