In 2004, the Department of Defense
(DoD) had an Internet voting system ready for use, in a secure location in
The Federal Voting Assistance
Program (FVAP), a department within the DoD, had the responsibility for the
project. Just to make sure that no stone
was left unturned, FAVP decided to bring in a team of civilian computer
security experts, tell them how the system would work, and let them examine the
secure server in
The folks in FAVP, and all the people who had worked on SERVE, were stunned when, after only the second of a planned series of meetings, four of the computer scientists published a report, summarized in the New York Times, condemning the system as “inherently insecure” and calling for a halt to the project.[2]
The four critics were David Jefferson, Barbara Simons, David Wagner, and Avi Rubin. While the report praised the accomplishment of FVAP and its colleagues on constructing a secure and operable server, it proclaimed that “the very architecture of the Internet” as we now know it is irreparably insecure, and any election based on Internet voting would be vulnerable to such a variety of attacks and manipulations that the public could have no confidence in it. To hold such an election would surely precipitate a crisis of legitimacy for the office-holders and the government.
During the few days following the
release of the report, its conclusions were disseminated all over the web. A widespread public distrust of any kind of
electronic voting system had already developed in the
Despite its defeat in the
Indeed, those provinces in
Based on the facts of experience, then, one may wonder how wise it was to shelve the SERVE project. The successes of the Canadian and European trials now cast doubt on the dire warnings of the four alarm bell ringers. Was there anything to their claims, or were they just part of a ploy used to sell newspapers, and get themselves, in Warhol’s famous phrase, “fifteen minutes of fame”?
On the other hand, wasn’t it better to be safe than sorry? After all, what were the consequences of canceling SERVE? If these consequences were not significant, then no real harm was done. Of course, this depends upon what one considers to be “significant harm.”
Consequences
To take the measure of the harm
done by canceling SERVE, remember that the war in Iraq had begun in March
2003. By Election Day, in November of
2004, there were roughly 150,000 combat troops in
When SERVE was shut down, all the men and women in harm’s way, as well as the other overseas volunteers, lost their opportunity to vote conveniently, and had to vote by mail or not at all.
This lost opportunity is not the only harm the cancellation of SERVE caused. Nothing on the scale of SERVE has come along for overseas voters since 2004; hence, the frustrations of overseas voters have continued almost unabated for the six years since that project was shut down. I say “almost” because, as I will discuss below, some remedial steps are now being taken.
Overseas Americans have always had
a hard time voting. From the days when
Ben Franklin, John Jay, and Thomas Jefferson were diplomats in
Finally, Congress enacted the Uniformed and Overseas Citizen Voting Act in 1986. States were supposed to provide absentee ballots to their overseas citizens, upon request, in time for the citizen to vote and return it by mail. But a shocking number of states have displayed a callous indifference to their citizens abroad, including soldiers during the wars we were fighting. One study, released in 2009, found that 25 states and the District of Columbia routinely sent out absentee ballots so late that by the time the voters received them it was too late for most of the voted ballots to be returned and counted.[8] Even when absentee ballots could be mailed back in time to be counted, they were often set aside and ignored, or not counted unless the race was so close that they could make a difference.
In 2002, Congress had intended the SERVE project to be the beginning of the end of this abuse and neglect. If SERVE had been successful in 2004, like the European and Canadian trials have been, then 100,000 overseas Americans would have finally been included in our democratic process. Beyond that, the opportunity to vote conveniently would probably have been expanded to every overseas American by 2008. Of course, that didn’t happen.
Returning to SERVE
Since 2004, pressure has been
mounting in the states and in Congress to treat our men and women in uniform,
and at war, as well as all Americans abroad, with more dignity, and to honor
their right to take part in our democratic processes. As a result, some states began taking the
initiative to improve conditions for their overseas citizens.
In October 2009, President Obama signed into law the MOVE Act; that is, the Military and Overseas Voter Empowerment Act. This law requires the states to, among other things, send out absentee ballots at least 45 days before a federal election (so that they can be returned in time to be counted), and to provide electronic means for requesting and sending out absentee ballots.[9]
Consequently, in 2010, 33 states
offered some form of Internet voting to their overseas citizens. About half of these allowed fax or email
return of voted ballots. In these cases,
an absentee ballot can be requested, sent out, voted, and returned all on
Election Day. US troops, and all
overseas Americans, certainly deserve such convenience. However, this method of ballot return is far
from ideal. One shortcoming is that in
A more positive omen, however, is that some states will offer voting at their secure website, just as SERVE would have done in 2004. For example, in July of this year the website for West Virginia Secretary of State Natalie E. Tennant announced the results of her office’s recent Internet voting trial. Five county clerks volunteered to offer the option to their overseas voters, including military and civilians. According to the announcement, this pilot program saw an 80 percent ballot return rate. Other methods of absentee voting, such as by mailed-out paper ballots, saw return rates of about 40 percent. The website also states that “Voter response was so positive, in her report to the state legislature, Tennant asked lawmakers to consider allowing additional counties to participate in the 2010 General Election.”[10]
Much ado has been made over a hacking of Washington DC’s Internet voting server in September of 2010. But this was during its first trial run, and no actual voting took place. (For an accurate reporting of the event, see “Does the DC Fiasco Damn Internet Voting?” at http://tinyurl.com/DCin2010 )
The circle back to SERVE will be completed by the DoD in the near future. Bob Carey, the new Director of FVAP, recently announced that “the decision has been made” to restore something like the old SERVE system, with all the latest updates, of course.[11] No deadlines have been set, yet, but planning is underway.
Old Security Worries
But, one may ask, what about all those dire warnings that once brought down the SERVE project? Have Congress, the president, the Department of Defense, the military, and all those state officials gone nuts? Think about the warnings those four computer scientists proclaimed in 2004.
For example, David Wagner has said, “One of the problems with Internet voting is that it exposes the potential for a single individual anywhere in the world, perhaps not even on US soil and not subject to US law, to attack elections and change votes en masse. Internet voting systems also tend to be subject to worms, viruses, and phishing attacks.” (Italics added) He also warned that, “SERVE is susceptible to large-scale election fraud that could … go completely undetected.”[12]
In the same vein, Barbara Simons
warned the nation that Internet voting “is a threat to our democracy … The
bottom line is we could have our president selected by [hackers in]
Wired Magazine interviewed David Jefferson about his views on SERVE, and drew attention to his concerns over a possible slippery slope. The article stated, “If the experiment experiences no detectable attack, Jefferson fears it could mislead organizers to conclude falsely that the system is secure and ready for expansion. ‘Just because there wasn't an attack that you detected doesn't mean there won't be one or that there wasn't one that you didn't detect,’ he said.”[14]
Now, these are scary stories. Think of it, a hacker in
Indeed, as late as last year David Jefferson implored the FCC not to allow even trials of Internet voting. Using the very same scary stories from the 2004 report, he again warned of the hidden dangers awaiting such reckless experiments, and the slippery slope such trials can create.
He pled in the most earnest of terms that, although he has been a computer security expert for nearly a half century, his own mind gets “boggled” when he thinks of all the ways that Internet voting can go wrong.[15] (One can understand how such an expert’s mind can become boggled; all those scary stories overload his flight response, and he wants to run from his own imagination!)
Today, however, the old trick bag isn’t as effective as it used to be. Jefferson et al have cried “wolf!” once too often. Calmer minds have been applying scientific skepticism to those scary stories. Science, of course, asks questions and demands facts and test-based probabilities in the answers. Thus, government officials have asked, “With all the mind boggling things that allegedly can go wrong with Internet voting, why haven’t any of them actually occurred in trials?”
The four critics have answers to
this question. First, as Wagner says, “If I was a bad guy who knew a
way to hack the election, I wouldn't attack a small-scale pilot and tip my
hand; I'd wait for the voting system to be used on a large scale in an
important election and then attack.”[16] In other words, the Evil Ones are skipping
the small fry in Europe and
As if that is not scary enough,
But that alarming assertion incurs an epistemological problem. If we cannot know the truth or falsity of a proposition – such as whether an election has been hacked – then the proposition is not a matter of scientific knowledge, but only mythical speculation.
The Rise of Reason
Fortunately, Reason is coming back to the debate over Internet voting, and Reason is beginning to prevail over Fear. What might be conceivable in the airy theoretical speculations of academic computer science, hasn’t happened in the actual practice of online voting. Why? The security experts who construct online voting systems, as well as law enforcement experts, are just as clever as the hackers. Indeed, one reason we know there are hackers is because they get caught by the authorities.
Cases in point: Ten years ago, in
the olden days of security technology, Gary McKinnon, who was an unemployed
computer programmer on the dole in
Hackers beware! One former “Botnet King,” John Schiefer, was so clever that he could control thousands of PCs, and use them to send-out millions of spam emails with the click of a mouse. He thought he could out-smart the law, but he is now serving a four year sentence in federal prison.[18]
The real reasons why Internet voting trials around the world have been successful are plain to see. The security technology is effective, and so is law enforcement. Where Internet voting has been tried, the rational hacker calculates, when tempted, that lawyer’s fees, fines, and time in prison aren’t worth changing a few votes in one election. Those would-be hackers who have been foolish enough to try to hack online voting systems have failed because the security technology in place beats them. Computer memories show when unauthorized intrusions have been attempted; thus proving that the security programs have worked. The past successes of Internet voting are a reliable harbinger of the way it will proceed in the future.
Conclusion
Every government official knows
that no voting system is going to work perfectly, someone is going to try to
cheat the game, or some technical hitch could occur somewhere. Nevertheless, the risks can be protected
against, so that they are quite minimal, as the experience in
Of course, as we all know, hacking does happen. But when hacking does occur in e-commerce, a careful examination of the facts in the case generally turns up some human error or wrongdoing, rather than a failure of the security technology.
For example, 60 Minutes had a piece on a woman who went online only to witness her bank account being drained right before her eyes.[19] Turns out she didn’t have security software in her PC, and her son was downloading pirated music, which let the hackers into her computer.
Google’s bad experience in
Duh! What were they expecting? When you play with fire, you get burned.
Fortunately, local election
officials in the
PS
Written in 2011, this post was lost for a while. It is now being posted again (for the record). Now that Blockchain technology raises Internet security to new levels, maybe the optimism of this post can be renewed.
William J. Kelleher, Ph.D.
Also blog at,
The
Political Science Interpretivist
https://interpretat.blogspot.com/
[1] Electronic Elections,
R. Michael Alvarez, Thad Hall.
See pages 77-85, also 68-72 and 98.
[2] http://www.nytimes.com/2004/01/21/technology/23CND-INTE.html, and http://www.servesecurityreport.org/. Avi Rubin claims
credit in this autobiography for having made the deal to give the
[3] ''I am committed to helping
http://www.nytimes.com/2003/11/09/business/machine-politics-in-the-digital-age.html?sec=technology
[4] Hall and Alvarez, ibid.
There have dozens of trials in the
[5] “It took Election.com only 45 minutes to fix the problem…”
http://www.wired.com/politics/security/news/2004/01/62041?currentPage=all
[6] http://www.nytimes.com/2005/01/07/international/middleeast/07military.html?scp=20&sq=US+soldiers+currently+in+Iraq+2004&st=nyt
[7] http://www.stripes.com/news/u-s-troop-presence-in-afghanistan-at-17-900-and-expected-to-hold-steady-1.21700 7-9-04
[9] http://www.nytimes.com/2010/05/09/us/politics/09voting.html?scp=1&sq=states%20move%20to%20allow%20overseas%20and%20military%20voters&st=cse
[10] http://www.sos.wv.gov/news/topics/elections-candidates/Pages/ElectionOfficialsCelebrateMilitaryAndOverseasVoterWeekInParkersburgVideoIncluded.aspx
[11] csrc.nist.gov/groups/ST/UOCAVA/2010/Presentations/CAREY_FVAP_Presentation_to_NIST-EAC-FVAP.pdf, at page 12.
[12] http://www.huffingtonpost.com/kirsten-anderson/an-interview-with-david-w_b_64063.html 9-12-07 Italics added.