Election Official Accountability in Los Angeles

Some scary comments from a Los Angeles City Beat interview with the infamous McCormack:

On credentials:

CityBeat: How do you respond to the charge by Kim Alexander of the California Voter Foundation that you put 40,000 votes at risk by asking Diebold to alter the software on the eve of the recall election?

Conny McCormack: That woman has absolutely no credentials in elections. It’s almost laughable. She says I put 40,000 votes at risk. I would never do that. I wouldn’t have a job if I did that.

That is a rather immature logical fallacy. She is attacking the other person’s character rather than answer the argument presented to her. And who in their right mind would use “I have not been fired, therefore I must be qualified…” as a defense? That’s a high-stakes politicized strategy since she infers that her opinion on any subject will always be “correct” until she gets fired. Because she has been wrong before, and yet still has a job, therefore she may be wrong again and still keep her job. See Donald Rumsfeld for another example of this dilemma.

But, since McCormack brought it up, it turns out Kim Alexander is a seasoned researcher who has focused on voter privacy and computerized voting systems. She was even recognized by the EFF for her efforts. According to her bio:

In 2004 she received the Electronic Frontier Foundation’s Pioneer Award, along with computer science professors David Dill and Avi Rubin, for their pioneering work spearheading and nurturing the popular movement for integrity and transparency in modern elections.

And according to the EFF:

In 1999 she served on California’s Internet Voting Task Force, which in 2000 issued the first comprehensive study of Internet voting security and concluded that the Internet was not yet a safe place for securely transacting ballots. In 2003, she served on the California Secretary of State’s Ad Hoc Touch Screen Voting Task Force. The task force report included a minority opinion of which Alexander was a co-author. The California Secretary of State adopted the opinion, and as a result, California is the first state in the nation to require that electronic voting machines provide a voter-verified paper trail.

[…]

Prior Pioneer Award recipients include Tim Berners-Lee, Linus Torvalds, and Vinton Cerf, among many others.

Impressive credentials indeed! McCormack is clearly not only mistaken about Kim Alexander, but it looks like McCormack may have an axe to grind with her — aside from political battles over state regulations and favored vendors, there may be a pride issue related to Alexander’s recognition for leadership and influence.

Back to the interview…here is McCormack on Diebold:

You are friends with Deborah Seiler, Diebold’s chief sales representative in California, and L.A. County is now buying equipment from Diebold. Is the friendship appropriate?

I’ve had a long-term friendship with her. There’s nothing wrong with a friendship. Has it influenced my judgment? Of course not. In terms of the Diebold contract for L.A. County, I was not on the evaluation committee. I removed myself from that. But Diebold was the only vendor that met all the requirements for L.A. County. Sequoia wrote a letter saying it could not meet the requirements.

Perhaps because the requirements could not be met securely? People say she is a shill of Diebold and, well, the facts do point in that direction. Why anyone in her position would flaunt friendship with a company like Diebold as “nothing wrong” is downright baffling. “I understand people’s concern” would sound more reasoned and mature, but the absolutism in her position belies a defiance of the facts and a lack of propriety. Remember how Randy “Duke” Cunningham insisted he did “nothing wrong” until he entered his plea?

McCormack on certifying software:

Isn’t proper certification of election software an issue?

We have been using and patching software in L.A. County for over 30 years. Whenever changes are made, an incredible amount of testing is done — literally thousands of checks. Now, there have been infractions by all vendors, including in L.A. County. We have not been dotting every “i” and crossing every “t” to certify all the software. But it would be the biggest irony, to me, to have someone say that because we hadn’t done it by such-and-such a date we couldn’t do it.

Wha? Huh? Whoa Bessie! Release known flawed elections software because it is capable of being fixed in the future? She really takes the concept of risk management to new lows. The threat (T) is high, the value of the assets (A) is high, and yet she wants to ignore the vulnerabilities (V)? If you accept the formula “Risk = T*A*V” then I find it impossible to tell anyone the risk is low when the vulnerabilities are not dealt with appropriately. My comments on this topic ended up on Bruce’s blog.

And finally, McCormack on proprietary software:

Isn’t there a problem with the software being proprietary, making it almost impossible for the Secretary of State’s office to examine it?

They have the authority to examine it, or they can go to court and ask a judge if they can examine it. Proprietary software has always been used in elections in this country. That doesn’t mean it is evil, or that there is anything wrong with it. It is just a way of preventing competitors from coming in and stealing it.

She’s deferring the question to later, perhaps with full intent to block any attempts to expose proprietary software. Who would be able to convince a judge to let the public take a look at the source code and under what terms? What would such a challenge look like?

In other words, she is apparently more concerned with the likelihood/ability of someone challenging the software’s security than with someone breaching its security. And so I support Bruce Schneier’s criticism that this election official has foolishly and apparently carelessly confused secrecy with security.

Another expert counter-point is provided in Ed Felton’s recent testimony (PDF) on Electronic Voting Machines to the US Congress:

Intuitions developed with older technologies can mislead when applied to computerized systems.

[…]

Getting the details of voting right is difficult, especially in today’s high-tech polling place. But failure is not an option. The stakes are too high, and the risk of malfunction or fraud too great, to make our current course tenable in the long run. We need to work harder and smarter, exploiting the knowledge of both election experts and technical experts.

Very eloquently stated.

US airline data mandate struck down in EU

The BBC reports that airlines flying to the US are now caught in a tricky situation. They could be fined by the EU for sharing passenger data. Yet they could also be fined or blocked from landing by the US for not sharing passeger data. This is due to a failure to rewrite a passenger data sharing agreement that was ruled illegal by the EU four months ago:

A European Commission spokesman said that a legal black hole could be created by the lack of agreement.

“There is no agreement. There is a legal vacuum as of midnight tonight,” EU Transport Commission spokesman Jonathan Todd said on Saturday.

The US, naturally, casually dismissed any negative language regarding their failure to reach a new agreement:

US Homeland Security Secretary Michael Chertoff told Reuters news agency that there was “absolutely no basis” to say that discussions had broken down.

However, he was not quoted with regard to how the system will work now that it has been strictly forbidden by the EU courts. No alternatives have been found in the past four months, but the system was in place for years before the court struck it down:

Since 2003, US authorities have requested that airlines provide passengers’ personal data to American security officials, including credit card information and telephone numbers.

A total of 34 pieces of data must be transferred to authorities within 15 minutes of a flight’s departure for the US.

Mazisi Kunene

A great poet from KwaZulu-Natal, Mazisi Kunene, passed away on August 12th. The Los Angeles Times has a nice summary of his life and work. A Foundation Trust has been established in his name to continue his legacy.

His writing was banned at various times by the South African government. The LA Times points out, however, that the verse narrative “Emperor Shaka the Great: A Zulu Epic” (1979) was apparently distributed as a form of inspiration to the resistance fighters who opposed apartheid.

From Book One: The prophecy (page 1):

After the night has covered the earth
Rouse us from the nightmare of forgetfulness
So that we may narrate their tales.
You will see them, the Forefathers, by the brightness of the
  moon.
You will see their great processions as they enter the mountain!
Eternally their anthems emerge.
How then can we be silent before the rising sun?
How wonderful! We can sing the sacred songs of our
  Forefathers!
By our ancient epics we are made beautiful.

Past Book Seven: A military and political genius organises (page 156):

No man must let his weapons lose their power.
Failure to build a powerful nation
Only breeds a nation of vagabonds on the outskirts.
Bees that have been stirred from their nest
Often run amok, stinging the innocent passer-by.
For this reason the sting must be removed from them.
By our invincible power we must make peace for all peoples.
We must be alert for battle.
Those who believe in our truth shall be welcomed.
Their harvests shall be protected by our army.
Our lands shall be fertile for all peoples.
But for the moment we must build and be ready for our
  enemies.
Let none among our regiments be rushed into precipitate wars.
Let none pester the nation with calls for senseless raids.
Let no one claim Zwide’s war still haunts them,
Alleging possession by the spirit of war.
Let such reckless men know they only invite death from me.
There is no heroism in those who terrorize others.
Yet there shall be no coward in Zululand;
Whoever makes this blasphemy against you and your clan —
Bring him to justice!

As a slight digression, Kunene wrote in the introduction to this book:

I have tried to give a fatihful but free translation of the original. I have also cut out a great deal of material which would seem to be a digression from the story, a style unacceptable in English but characteristic of deep scholarship in Zulu.