Bonum Certa Men Certa

How Microsoft Squashed Free/Open Source Software in Voting Systems in the United States

Insecure-by-design systems a misfit in any democracy

Voter



Summary: Microsoft is interfering with efforts to put Free/Open Source software in voting machines, ensuring that these machines continue to have back doors (Windows)

THE presence of Microsoft lobbyists is global/universal. We recently wrote about how Microsoft had successfully squashed Free/Open Source software-leaning rules in India, just like in Chile last year. Microsoft lobbying was done also by proxy and in the UK we found out that Microsoft was blackmailing British politicians, as recently as weeks ago. Microsoft is just a bully like that. Given its influence in the United States government, we expect much of the same in the US, if not more and worse.



"Microsoft lobbying in this area is a scarcely explored topic."Microsoft wages war on politics in all sorts of ways, sometimes through lobbyists, sometimes through 'former' staff, pseudo 'charities' like the Gates Foundation, and pressure groups like the Business Software Alliance.

Today we present information given to us courtesy of the California Association of Voting Officials. They complain about Microsoft lobbyists and they have expressed an interest in aligning for global issues, for they too realise that Microsoft cannot be ignored if society wants fair elections and ultimately pursues voting machinery that can be trusted.

Microsoft lobbying in this area is a scarcely explored topic. There is very little information about it out there, hence we hardly ever covered the topic. It is widely known, however, that voting machines in the US use Windows, which has back doors and therefore can never be trusted, with or without tampering by a human operator. Putting Windows in voting machines gives plenty of leeway for mischief, especially by those with simpler access to the back doors. Consider, for instance, how Korean spies (the KCIA) famously meddled in South Korea's elections.

At the early stages of research for the article we were trying to see or at least understand the relation Microsoft lobbyists have to voting machines. We have hardly heard of that before. There is a lot to it other than today's proposed solutions being "open source", which is probably where Microsoft lobbyists come in. Somehow, despite public will to induce transparency, accountability, audits etc. on the process, decades later we are still so heavily dependent on a proprietary, secretive system (or set thereof). Politics being determined by such a system (secret formula) won't inspire public confidence. It breeds abuse and corruption and leads to reminiscing of the events in Florida 15 years ago (when George Bush got 'elected').

"We put open source language into voting system legislation," told us someone from the California Association of Voting Officials, "and the Microsoft lobbyists have it removed.

"This must be stopped as OS voting systems are a preferred security environment for vote tabulation... the alternative being Diebold/ Dominion / Microsoft etc."

We asked for additional information so that we can present it in an article, specifying what they have done and who has done it. Here is what we got:

The head attorneys for President Obama's election report ( which omitted open source voting system solutions even though the information was gifted to them ) work for firms that lobby and / or represent Microsoft / Bob Bauer of Perkins Coie and Ben Ginsburg of Pattons Boggs /Jones Day

http://electionlawblog.org/?p=50792

Nate Persily was tasked with presenting the President with all information.. but inexplicably failed to include any reference to open source in the report. When asked about this omission - and possible steps to remedy ( addendum etc ) Persily went silent.

No members of the Presidential Committee were responsive..

In California -- which is the frontline of the battle for open source voting systems in the USA -- the lobbyist for the California Association of Clerks and Elected Officials Barry Brokaw- http://sacramentoadvocates.com/brokaw.html is also the lobbyist for Microsoft . --This may explain why the CACEO has been blocking efforts toward publicly owned General Public License voting system in California

US congressman Rush Holt's bill 811 https://votingmatters.wordpress.com/from-rep-rush-holts-website-about-hr-811/ had open source included .. but it was mysteriously taken out - apparently at the direction of MS lobbyists and Verified Voting . Verified Voting is headed by David Dill - a Stanford Professor with Silicon Valley / Microsoft ties .. Verified Voting also employs Sarah Grootius Vilms from Patton Boggs as a lobbyist

A few days ago Secretary of State Hillary Clinton announced she was filing a lawsuit in Ohio to challenge their voting laws .. but her legal team is again led by attorneys from Perkins Coie -- and there was no mention of tabulation or software. We have again contacted them to request their attention to that part of proper election reform

Also a bit more of the story-- There is a group called OSET ( Open Source Election Technology ) that is attempting to sell bogus software that is NOT open source as it purports to be.. per the Open Source Initiative standards,, They call it ' open Public license "-- It is " open -washing " and very dangerous -- They are trying to sell it to US jurisdictions

Mitch Kapor is the owner of OSET -- He previously owned Lotus - KC Brandscomb was Mitch Kapor's CEO at Lotus -- and is married to IDEO's Kelly IDEO recently received a 15 million dollar sole source contract from Los Angeles County , CA for a design that Alan Dechert and Open Voting Consortium gifted L.A. for free years back ( a ballot printing system.)

KC's brother Harvie is now heading up efforts toward election reform in Colorado-- Colorado is going toward a uniform system . and Harvie would appreciate OSET " kinda sorta " OS being used.. especially since Colorado is being heralded as the model by CA

http://archive.fortune.com/magazines/fortune/fortune_archive/1996/06/10/213266/index.htm


This is "all public info," explained our source, but "attribution should be given to the California Association of Voting Officials -- not for the information provided -- but rather for our efforts toward open source voting solutions."

We have meanwhile noticed new efforts to exclude Free/Open Source "In Many Situations" [1], based on Wikileaks' disclosure of the TISA Agreement (in current form). Forbes has just explained that it is "clearly something that the many lobbyists from the likes of Microsoft will have wanted to see included." [2]

"Legislative capture via government mandates would be great," explained our source, "but that is the holy grail and not presently considered achievable in the USA, so this is no shock. Secret agreements are certainly bad though."

If any of our readers are aware of Microsoft intervention in Free/Open Source voting legislation in any other country, please let us know. It is almost definitely done elsewhere, but finding evidence of it is the hard part. Mirosoft itself has been rigging votes, not just voting systems.

Related/contextual items from the news:


  1. TISA Agreement Might Outlaw Governments From Mandating Open Source Software In Many Situations
    Now, this is nowhere near complete -- it is "bracketed text" which is still being negotiated, and Colombia already opposes the text. Also, some may argue that the second bullet point, which says it only applies to "mass market" software and not "critical infrastructure" software solves some of these issues. Finally, some might argue that this is reasonable if looked at from the standpoint of a commercial provider of proprietary software, who doesn't want to have to cough up its source code to a government just to win a grant.

    But, if that language stays, it seems likely that any government that ratifies the agreement could not then do something like mandate governments use open source office products. And that should be a choice those governments can make, if they feel that open source software is worth promoting and provides better security, reliability and/or cost effectiveness when compared to proprietary software. That seems tremendously problematic, unless you're Microsoft.


  2. Leaked Draft Trade Agreement Could Threaten Open Source Deployment
    But another section also caught my eye, and indeed it seems that it could make things very difficult for governments that are prioritizing open source.

    The offending paragraph, proposed by Japan, reads: “No Party may require the transfer of, or access to, source code of software owned by a person of another Party, as a condition of providing services related to such software in its territory.”

    This is clarified with: “For purposes of this Article, software subject to paragraph 1 is limited to mass-market software, and does not include software used for critical infrastructure.”

    This certainly makes some sort of sense. It means countries can’t require companies based abroad to hand over their source code, and is clearly something that the many lobbyists from the likes of Microsoft will have wanted to see included.


Recent Techrights' Posts

What Happened to the Open Source Initiative (OSI) Elections: Leaking Information of Members (Even in 2025)
More nonsense about Hey Hi (AI), which OSI has been openwashing on Microsoft's payroll
Techrights Will Never Capitulate to Threats From Microsofters
Set aside violence against women and all sorts of other things; it's not about personal issues
The Microsoft-Led Open Source Initiative (OSI) is Hurting, It'll Try to Hurt Its Critics and Exposers Now
The OSI's chief meanwhile issues a bunch of meaningless waffle, a sort of "damage control" or "face-saving" platitudes
 
Richard Stallman on Patents
uploaded a day ago by Aleksandar Popovic
Recommended New Article From Dr. Andy Farnell and Some Site Miscellany
Andy says he and his daughter successfully avoid GAFAM
Links 20/03/2025: Executions in China and Crackdowns on Science in the US
Links for the day
Gemini Links 20/03/2025: Ubuntu Shafting Common Sense and Blocking of Bots of the Net
Links for the day
Links 20/03/2025: IBM Layoffs (Thousands Reportedly Laid Off) and Lots More Corruption in the White House
Links for the day
Apple is Still an Enemy of Open Standards and Software Freedom
Apple did not get any more benign
Gemini Links 20/03/2025: Wanting the Future Back and "Society That Lost Focus"
Links for the day
Fake Articles About GNOME
betanews again
Richard Stallman's Personal Site Says He's Looking for More Opportunities to Speak in Europe
He does not charge people for the talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 19, 2025
IRC logs for Wednesday, March 19, 2025
Debian Pregnancy Cluster, when I stopped using IRC
Reprinted with permission from Daniel Pocock
Mass Layoffs at IBM Confirmed
Thousands believed to have been laid off
Slopwatch: linuxsecurity.com, cybersecuritynews.com, gbhackers.com, and techmonitor.ai (Fake 'Articles' About "Linux")
Almost all of them (75%) show up in Google News
Is Ubuntu Compromised? Push Away From GNU and GPL Led by Army Officers.
Perhaps people should ask Canonical what the thinking behind it was...
Gemini Links 19/03/2025: go-gopherproxy and 'Small Web' as Self-expression
Links for the day
Links 19/03/2025: Attention's Cost and Media Still Besieged by Dictatorships
Links for the day
Phoronix Seems to be Trying to Kill Discussion About "Asahi Lina" and the Anti-Torvalds Brigade
Our informed guess is that by reporting this news Phoronix got caught up in flamewars that divide and fracture the community
Claiming to Love What You Reject or Seek to Totally Own, Control
The Russia analogy is political
LinuxTechLab Became Just LLM Slop and SPAM
Another dead (former "Linux") site
The Rust Song
It's about control
Facts on the Case Already Disclosed by US Authorities
NGOs in the UK (several keep abreast of this, judging every recent move) are truly unimpressed
The Times Group (and The Times of India) Basically Died Again
This time a death by LLM slop/plagiarism
The Death of The Economic Times (India Times): LLM Slop Presented as 'Articles', Containing Errors and Revisionism
They'd be better off shutting down operations with some dignity than resort to bots giving the false impression (illusion) of authorship
In Belgium, Android is Finally Measured as Bigger Than Windows
In Belgium, the lobbying capital of Microsoft, it wasn't easy to get there
"Rust People" Are a Threat to BSD Too (the Licence Isn't the Main Issue, Nor is the Proprietary Microsoft Hosting)
BSDs aren't written in Rust, so BSD developers should buckle up
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 18, 2025
IRC logs for Tuesday, March 18, 2025
Sami Tikkanen Explains Rust Language and Its Goals
"Sompi" (the nickname of Sami Tikkanen) has weighed in
Links 19/03/2025: Gardening Season and the Web Without an Audience
Links for the day
Mauritius: Windows at All-Time Low, Down From 96% to 17%
Put in simple terms, people choose to connect from the "phone" (running Linux), not some laptop running Windows
Many IBM Layoffs Reported Today in Europe and North America
there's definitely a lot going on today
The GNU Manifesto is 40. Here's the Original Print (1985).
Some unpleasant people want to replace GNU with Microsoft-controlled (GitHub) Rust copycats
Unixmen Seems to Have Died After Turning Into a Slopfarm and Spamfarm, Is LinuxSecurity.com Next?
Better to not publish anything at all than to resort to fake garbage.
What Happened to the Open Source Initiative (OSI) Elections: More People Begin to Speak Out
Kuhn set another bonfire ablaze
Links 18/03/2025: ‘Meritless’ Defamation Suit Thrown Out, InterDigital Software Patents Headed for the Bin Too
Links for the day
These Strange Web Statistics From The Bahamas Show Windows Falling From 93% to Less Than 5%
There are about half a million there
Gemini Links 18/03/2025: Weather and Resisting "MAGA"
Links for the day
Links 18/03/2025: New Apple Blunders and Windows Disliked by Users
Links for the day
Once Again 'Losing Track' of Who the Clients Are, The Serial Harasser and Strangler from Microsoft
Timing is everything
2025 Rumours of IBM Layoffs in Marketing Likely True, Online Powwow Drops More Clues
Expect over 10,000 layoffs this year (at IBM alone)
Android (With Linux) Rises to Record Highs in Hong Kong and in Macao
Looking quite bad for Microsoft
Distractions. Distractions Everywhere.
distracting from the real solution
EPO Concerns About the Education and Childcare Allowance Reform (ECAR) and School Liaison Officer (SLO)
The public deserves to know as it impacts thousands of families
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 17, 2025
IRC logs for Monday, March 17, 2025