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September 26, 2003

How Diebold Shut Down BlackBoxVoting.org

Get the word out far and wide that Diebold has done this thing.
More info: http://www.blackboxvoting.com

1. Diebold issued a pull-down demand under DMCA for the BlackBoxVoting.org web site, citing a link posted on a forum in the site, claiming that the link allowed web visitors to visit an unrelated page, containing Diebold internal memos, which they say they own the copyright to.

2. Not only was BlackBoxVoting.org pulled down, but ALL of the documents, databases and programming for approximately 500 pages of material, most of which did not relate to Diebold at all, was confiscated. Dozens of web pages were pulled down which had nothing whatever to do with the disputed information. According to AIT Inc, the parent ISP, their North Carolina attorney, James Baker advised them that they should remove the entire web site and disable access to the FTP so that Bev Harris or Black Box Voting could no longer access their files (even for the purpose of removing them.)

(continue reading below)

After a negotiation this morning with Black Box Voting publisher David Allen, AIT Inc. agreed to reinstate access to the files but still declined to reinstate the pages of the web site which were not named in the complaint.

3. The confiscated pages included personal contact information for 200 activists, and the private strategy sessions for voting machine activists. BlackBoxVoting.org has yet to receive any explanation at all as to what authority they were confiscated under. We demand their immediate return.

"The .org site had an active discussion going on among people from all over the US and world about election security and flaws found in Diebold's voting system software. The idea that these discussion boards were confiscated is rather chilling. The discussions were password protected and not open for public view.

"In addition to the impact this action will have on the election security debate, it also may represent the first time the DMCA has been used to shut down a discussion. Although I don't know much about the DMCA, I do think it wasn't written with this kind of purpose in mind."

-- Kim Alexander, California Voter Foundation
-------------------------------------
4. Does Diebold even have a legitimate copyright to the memos which the link led to? Most of the memos in question were written in Canada, and resided on a server in Canada up to and including 2003 after Diebold bought a Canadian company called Global Election Systems. In Canada, company correspondence, even internal memos, is not protected by copyright. To date we have been unable to find evidence, other than a claim in a letter, that Diebold even owns the copyright to these memos.

5. These memos are more properly termed "Evidence," because they contain evidence of a pattern of lawbreaking that dates back at least to 1999.

6. Lexis-Nexis would be a worthwhile exercise now for every one of these search terms pertaining to the origins of Global Election Systems: This firm was a wholly owned subsidiary of North American Professional Technologies, Inc., which was in turn a wholly owned subsidiary of MacroTrends Ventures International, Ltd. Charles Hong Lee is one of the principals with these firms; He has been tied in the press to participation in a scheme to bilk immigrants out of some $47 million; he is also connected with a scandal in which a Mr. Graye was prosecuted, relating to Vinex Wines. Charles Hong Lee was also involved with something called "The Vancouver Maneuver," a stock pump & dump scheme that bilked investors out of millions in connection with an entertainment company and something called Beverly Development. Charles Hong Lee was a principal with Global Election Systems, along with the late Clinton Rickards. Talbot Iredale, currently the V.P. for Research and Development for Diebold Election Systems, began with the company in 1991, right around the time the Vancouver Maneuver was exposed in Barron's magazine. This is the pedigree from whence the Diebold Memos arose.

Posted by Rob at September 26, 2003 11:01 PM

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