BBV: Sequoia files on an open FTP site near you!

[Kelvin Mace]

Proving that Diebold isn't the only idiot in town, we have learned that Sequoia Voting System's WinEDS files are available to all interested parties on an open FTP site. The site doesn't belong to SVS, it belongs to a local reseller, but this makes no difference.

*snip*

The rest, and a screen-shot at www.blackboxvoting.com.

David Allen
Publisher, CEO, Janitor
Plan Nine Publishing
http://www.plan9.org

Edit: typo

[Kelvin Mace]

1. Damn, these boys are QUICK!

File story has't been up 10 minutes:

Dear Mr. Allen

Our office is legal counsel to the parent company of Sequoia Voting Systems Inc.("Sequoia"). Sequoia has advised us that you are a person who may have accessed and obtained software which is owned by and proprietary to Sequoia, including without limitation, WinEDS software. If in fact this is the case, please be advised that such software is subject to copyright and trade secret protection, and that publication or distribution of this software may subject you to liability for damages and injunctive relief as provided by law. All copies of the software in your possession in tangible form must be immediately returned to Sequoia. If you have provided a copy of the software to any third party, please advise us immediately of the identity of any persons to whom the software was transferred.

Please contact me, or have your counsel contact me, if in fact you are in possession of the software.

Very Truly Yours

Adolph Romei
Beattie Padovano, LLC

[punpirate]

11. ROTFLMAO!!!

Gotta hand it to you, David.... Your site is probably the most popular site for all voting machine manufacturers--they're probably watching you 24/7 just to see what the latest stupid thing is that they've done....

Cheers.

[AP]

19. trade secrets divulged are no longer trade secrets and the only remedy

is in contract against someone who agreed not to divulge the trade secrets.

Copyright doesn't apply for all the same old reasons (fair use).

That's my lay opinon.

[Eloriel]

21. Well!!

At last we learn you are NOT an attorney.

It's about time you fessed up.

Eloriel

[AP]

20. Adolph's practice areas are:

Mergers and Acquisitions; Banking; Corporate Law

(according to Martindale Hubbel).

Why don't copyright law experts ever send these letters?

[creativelcro]

36. they are so nervous

Because they have something to hide... If they were clean, why would they be monitoring bbv.com non-stop ?... The most likely explanation is that something is fishy, they know it, and they are worried is gonna come out. So, they need an early warning damage control system in place. Or perhaps, Diebold employees are monitoring and they tipped Sequoia (you know ? The enemy of my enemy is my friend)... -CV

[DrBB]

38. NOT SURVEILLANCE

Even if the FTP site isn't secured, it's normal to configure it to log the IP address of anyone who hits it. If it's a UNIX system it wouldn't be much more trouble to set it to send a warning or notice of some kind if an unapproved IP turns up.

The former is standard practice. But why you would do the latter instead of just password-securing the damn thing in the first place is a mystery. Only reason I can think is some kind of entrapment, but it doesn't make much sense either.

[Kelvin Mace]

39. Nah, I think

they went on Red Alert when Salon called SVS to ask about the file. As soon as they knew the problem, they began looking for the file to show up, so they could shut the site down.

I just asked the question to jerk the guys chain. They are probably holding sixteen meeting to "analyze" what I meant in my reply.

Few of these people have anything vaguely resembling a sense of humor.

David Allen
Publisher, CEO, Janitor
Plan Nine Publishing
http://www.plan9.org

[hunter]

41. Oh my goodness!

"Please contact me, or have your counsel contact me, if in fact you are in possession of the software."

Like the software comes in a box, or something... this letter is as disturbing as it is amusing.

Election officials should have every right to dissect these voting machines with an electron microscope if they have to, and to tell the people they represent exactly what they find, good or bad.

These non-disclosure agreements the voting machine companies have our public officials submit to are complete and utter bullshit, and a grave danger to our democracy.

[nadinbrzezinski]

2. HOT, burning

just sent to Congress...

Thanks

[Room101]

3. Does this mean the votes can be hacked...

via the same method?

[gristy]

4. David, you don't have to answer this, but

you DID download everything before you posted this thread, did you not?

[Noordam]

5. Does David look like Rush.....

:evilgrin:

[Kelvin Mace]

7. If you are referring to the site

Yes, it is backed up. If posting a picture of a file name is now a crime to these people, I can't wait to get into court.

BTW, the story is also at Salon.com

http://www.salon.com/tech/feature/2003/10/30/vote_counting_software/

David Allen
Publisher, CEO, Janitor
Plan Nine Publishing
http://www.plan9.org

[ConsAreLiars]

6. Salon has just reported on this site

Snellius reported this story in a thread at:
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=614649

http://www.salon.com/tech/feature/2003/10/30/vote_counting_software/index.html

[Kelvin Mace]

14. See! Look how nice I was...

I didn't tell them where to find the files, Salon did (God bless Farhad's little heart). And what do I get for helping them cover up their embarrasing incompetence? Abuse!

Well, next time, see if I help them

David Allen
Publisher, CEO, Janitor
Plan Nine Publishing
http://www.plan9.org

[ConsAreLiars]

15. Pickone: "Having those files available to the public..."

A. "Is really baaaaad."
B. "Doesn't matter at all."

From the Salon report:
"When contacted for comment, Alfie Charles, a spokesman for Sequoia Voting Systems, was surprised to hear that the file was available on a public site. Later, Charles e-mailed Salon a statement denying responsibility for the security breach, but asserting that the availability of the code did not compromise the integrity of Sequoia's systems."

So - if publishing the code is OK, make it open source. Let every one who cares look at it and verify that failures, errors, security breaches, tampering, fudging, faking and all forms of tampering are impossible. Otherwise, give voters the right to assure themselves that the numbers coming out of the machine honestly reflect the votes going in by providing a voter verified paper ballot and using those ballots to check up on the the machine's numbers.

[TacticalPeek]

8. Good golly, the net is a fastlane!

[shirlden]

9. Well now,

Isn't that Special.........
When can I get my copy? Can't wait to try this one. Windows, eh?? Old Bill Gates is making a fortune off these voting machines. He has the program on everyone of them.....

And we are supposed to trust these things......not.

:kick:

[Kelvin Mace]

10. And now, my response

Adolph A. Romei wrote:

> Our office is legal counsel to the parent company of Sequoia Voting
> Systems Inc.("Sequoia").

Damn, Adolph. I posted my story at 9:10, and here comes your little missive at 9:13. What took you so long?

> Sequoia has advised us that you are a person
> who may have accessed and obtained software which is owned by and
> proprietary to Sequoia, including without limitation, WinEDS
> software.

And exactly how would Sequoia know that? Do they have me under surveillance? Should I check my phone for illegal wiretaps?

> If in fact this is the case, please be advised that such
> software is subject to copyright and trade secret protection, and
> that publication or distribution of this software may subject you to
> liability for damages and injunctive relief as provided by law.

Please don't quote copyright law to me. I am a publisher, after all, and am somewhat familiar with the concept. If your point is to "frighten" me with the law, it ain't happening. You know, if your client was as scrupulous in their security measures as they are with keeping tabs on me and my web site, they wouldn't be scrambling to close the barn door after the horse is long gone.

> All
> copies of the software in your possession in tangible form must be
> immediately returned to Sequoia. If you have provided a copy of the
> software to any third party, please advise us immediately of the
> identity of any persons to whom the software was transferred.

If I did, you folks would be the last people I'd tell. But I didn't so tell your client to stuff it.

> Please contact me, or have your counsel contact me, if in fact you
> are in possession of the software.

I have no intention paying a lawyer $300 an hour to bandy words with another lawyer making $300 an hour. So, unless you have any further specious and vague threats,

Good evening.

David Allen
Publisher, CEO, Janitor
Plan Nine Publishing
1237 Elon Place
High Point, NC 27263
http://www.plan9.org

P.S. Did I say $300 an hour. I forgot that it's after 5:00 and you probably get time and a half, so that would be $450, right?

[grasswire]

12. wow

I hope someone has this captured and can start going through the info.

Amazing work! I salute your patriotism.

It must be time to make election tampering punishable as treason.

[TacticalPeek]

13. Ah, I love the smell of truth in the morning.

:yourock:

[althecat]

22. Go David....

Kia Kaha...

al

[Andy_Stephenson]

26. I laughed at this one

"they wouldn't be scrambling to close the barn door after the horse is long gone."

[slaveplanet]

16. BBV LIVE: Bev Harris interview on air now!

www.gcnlive.com

stream # 2


southern conservatives all over it.....

stream # 2 only

rebroadcast from 1.00 EST earlier today

starts in 5 min.

keep this thread kicked for next hour

Bev rocks!

[lysergik]

17. Great catch!

Looks like they got caught with their shorts down, I bet their reseller is now a former reseller, or atleast they will be in the morning.

Darn.

[Kelvin Mace]

18. Actually, they work for the county

as a contractor. Why they had the software on their site is a good starting point for an investigation.

David Allen
www.plan9.org

Diebold Voting Machines
We vote for you, so you don't have to!

[althecat]

24. Your site is being maintained David....

Just checking...

[Kelvin Mace]

32. Yep,

still up, and still causing indigestion. It should be a bit harder to take down this time, though I'd love to see the tortured logic they'd use for a DMCA. Besides, Salon had greater details.

David Allen
www.plan9.org

Sequoia Voting Machines
Oops!

[althecat]

23. Wired's Kim Zetter Joins the party....

http://www.wired.com/news/privacy/0,1848,61014,00.html?tw=wn_tophead_1

[Kelvin Mace]

28. Posted to slashdot

though they never run my posts. Will probably hit AP tomorrow.

Can these people get any more stupid?

Rhetorical question.

BTW, all you folks out in Riverside, CA. Make sure Michelle Townsend hears about this, repeately, over the next, oh, several months.

David Allen
www.plan9.org

Sequoia Voting Systems
Okay, so we kinda use Windows.

[althecat]

29. They never run my posts either...

That said I have my fingers crossed that something may appear soon in slashback.... Slashdot is very very cool....

[Andy_Stephenson]

30. Washington Voters

Take notice...we are getting Sequoia aa well.

[Andy_Stephenson]

25. Another one....

Bites the Dust...and another one's gone, and another one's gone, another one bites the dust.


Wooooo Hooooo

[althecat]

27. Slashdot thread on this now up..

http://yro.slashdot.org/article.pl?sid=03/10/30/0240222&mode=thread&tid=126&tid=172&tid=185&tid=93

[Andy_Stephenson]

31. kick

:kick:

[Nlighten1]

33. Is there a link to the files yet?

post it please

[Kelvin Mace]

34. That would get the thread locked

DU has no desire to have a DMCA pulled on them. Diebold has yanked down people for having a site with a link to a link to a search engine. Keep an eye open for Jim March's site. I'm sure someone will get him a copy.

David Allen
www.plan9.org

Diebold Voting Machines
We vote for you, so you don't have to!

[creativelcro]

35. send to http://www.why-war.com/ !!

:)

[SeattleRob]

37. this is great!

:kick:

[TacticalPeek]

40. Kick.

:kick:

[RedEagle]

42. Sequoia Said They Weren't Windows Dependent....

Kick!

[Kelvin Mace]

43. This just in...

Adolph A. Romei wrote:

> Dear Mr. Allen:
>
> Thank you for your reply. It made good reading and should prove
> useful to Sequoia going forward.

While you're at it, you might remind your client of a few things:

1) If Sequoia is upset about violation of their trade secrets (which by the way, involves my Constitutional right to vote) they need to take the matter up with Riverside County and Jaguar Computer Systems who violated them, not me. I am under no obligation to protect their trade secrets.

2) As to copyright law, section 107 says:

"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."

I intend to comment on your client's failure to keep it's software secure (criticism), its misleading the public and election officials about its relationship to the Windows operating system (criticism) and to comment on any analysis of the code that should be put forth by academics or qualified individuals (criticism, comment, news reporting, research and scholarship).

Also I will liberally avail myself of the parody provisions and rulings found in copyright law to heap scorn upon your client's negligence in its cavalier handling of America's right to vote.

Do not assume that the less than somber tone of my replies means I take the matter lightly. I find the matter of the utmost seriousness. It is your clients I take lightly.

If they had the slighest clue this matter would be in the hands of a competent IP attorney rather than a competent corporate law attorney.

BTW, I hope they paid you time and a half for keeping you after 5:00 to work on this nonsense. Personally, I'd spend more time with my family rather than racking up the overtime.

Ciao!

David Allen
Publisher, CEO, Janitor
Plan Nine Publishing

[lysergik]

44. Great Reading.

This is great, Sequoia going after you for no reason besides you broke a story on them. Yet their reseller left their software on a publically accessable site.. right.

Scare tactics Ahoy!

[JohnGideon]

45. Don't Pull Any Punches David

Tell them how you really feel.

[Kelvin Mace]

46. Can't do that.

It would involve a suggested exploration of a dark crevice with a flashlight and a proctologist guide.

David Allen
Publisher, CEO, Janitor
Plan Nine Publishing
http://www.plan9.org

[TacticalPeek]

54. Kicking is this.

[dusty64]

47. Interesting.

I've heard a lot of scary stuff re: diebold and es&s, what about this company. Are they also rethug tools?

[creativelcro]

48. A kick for Sequoia

[RedEagle]

49. No,,,

...just opportunists like the rest.

Common ancestry with Diebold and ES&S- The company that became ES&S had to give Sequoia some part of the business.

The FEC let the ball drop a long time ago. Congress let the ball drop a long time ago. No one's been minding the store and the opportunity was ripe for and "industry" solution and organizaitons that purport to "help" states and counties with their "election woes."

That it skews Republican is meaningful at this point in time. It could as easily have been Dems and certain Dems are very reluctant to do anything about it and are, indeed, part of the problem. (Georgia and Maryland Secretary of State)

HAVA didn't clear anything up and since it's being inplemented backwards, is actually ascerbating the problems.

[creativelcro]

50. it's all a big ..

incestuous family, I'm afraid... -C

[RedEagle]

51. Back Up

Kick!

[althecat]

52. New Slashdot Thread... Slashback, Volusia & More

http://slashdot.org/article.pl?sid=03/10/31/2214251&mode=thread&tid=167&tid=188&tid=192&tid=99

Aha!!!!

[alfredo]

53. KICK

:kick: