orrection AppendedForbidden files are circulating on the Internet and threats of lawsuits are in the air. Music trading? No, it is the growing controversy over one company’s electronic voting systems, and the issues being raised, some legal scholars say, are as fundamental as the sanctity of elections and the right to free speech.
Diebold Election Systems, which makes voting machines, is waging legal war against grass-roots advocates, including dozens of college students, who are posting on the Internet copies of the company’s internal communications about its electronic voting machines.
The students say that, by trying to spread the word about problems with the company’s software, they are performing a valuable form of electronic civil disobedience, one that has broad implications for American society. They also contend that they are protected by fair use exceptions in copyright law.
Diebold, however, says it is a case of copyright infringement, and has sent cease-and-desist orders to the students and, in many cases, their colleges, demanding that the 15,000 e-mail messages and memorandums be removed from each Web site. “We reserve the right to protect that which we feel is proprietary,” a spokesman for Diebold, David Bear, said.
The files circulating online include thousands of e-mail messages and memorandums dating to March 2003 from January 1999 that include discussions of bugs in Diebold’s software and warnings that its computer network are poorly protected against hackers. Diebold has sold more than 33,000 machines, many of which have been used in elections.
Advocates and journalists have mined the trove of corporate messages to find statements that appear to suggest many continuing security problems with the software that runs the system, and last-minute software changes that, by law, are generally not allowed after election authorities have certified the software for an election.
Some colleges, like Swarthmore, have bowed to the pressure and removed the x documents from their networks. But in doing so last month, the dean, Robert Gross, maintained that Swarthmore supported the students in spirit. “We believe their actions express the values of the college, including its commitment to prepare students to be engaged, socially responsible citizens,” he said in a statement. Swarthmore has encouraged the students to keep up the debate and is providing legal advice about how to respond to the Diebold letters, a Swarthmore spokesman, Tom Krattenmaker, said.
