[Infowarrior] - Microsoft moves to weaken NY Election law

[Richard Forno]

Software giant moves to weaken NY Election law

http://nyvv.org/blog/bolipariblog.html

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. 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. Now the software giant has gone a step further, not just
saying ³we won't comply with your law² 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 ³election-dedicated voting system technology². Microsoft¹s 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 ³technical changes² 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 public¹s 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. We¹ve 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. But now these powerful private companies are
working the Legislature behind the scenes trying to quietly change New York
Election Law to remove the public¹s 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 - It¹s 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 State¹s 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 member¹s 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 Senator¹s 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)