Case 1:17-cv-02989-AT Document 579 Filed 08/15/19 Page 35 of 153
Dr. Halderman and Dr. DeMillo also explained in their testimony in detail
the reasons why the DRE auditing and confirmation of results process and
parallel testing of DREs used by state officials on a restricted sample basis is of
limited value. (Halderman testimony at hearing; Halderman Decl., Doc. 260-2
¶¶ 35-48; see also DeMillo Decl., Doc. 277, Ex. C ¶¶ 10-20.)
This evidence was buttressed by a mounting tide of research and testing by
the nation’s leading election cybersecurity experts in election cybersecurity. The
consensus of these experts, recently reaffirmed by the National Academies of
Science, Engineering and Medicine and the U.S. Senate Select Committee on
Intelligence reports in September 2018 and July 2019 respectively, has reached
national prominence in the general public’s understanding of election security.
As the Amicus Brief of the Electronic Privacy Information Center discusses,
almost from their inception, DREs have been plagued by warnings that the voting
machines are unreliable, insecure, unverifiable.32 As the evidence presented by
See, e.g., Eric A. Fischer, Cong. Research Serv., RL32139, Election Reform and Electronic
Voting Systems (DREs): Analysis of Security Issues (2003) (“there appears to be an emerging
consensus that in general, current DREs do not adhere sufficiently to currently accepted security
principles for computer systems”); David L. Dill, Bruce Schneier & Barbara Simons, Voting and
Technology: Who Gets to Count Your Vote?, 46 Communications of the ACM 29 (Aug. 2003)
(explaining, “[a] computer can easily display one set of votes on the screen for confirmation by
the voter while recording entirely different votes in electronic memory, either because of a
programming error or a malicious design”); Tadayoshi Kohno, et al., Analysis of an Electronic
Voting System, 2004 IEEE Symposium on Security and Privacy 27 (2004) (discussing
researchers’ findings that DRE software is significantly flawed after the source code for a DRE
voting machine was accidentally posted online); Joseph A. Calandrino, et al., Source Code
Review of the Diebold Voting System 10, Univ. of Cal. (July 20, 2007) (finding the systems of
California’s DREs were susceptible to viruses and malicious software, i.e. “malware”); Ariel J.
Feldman, J. Alex Halderman, & Edward W. Felten, Security Analysis of the Diebold AccuVoteTS Voting Machine, USENIX/ACCURATE Electronic Voting Technology Workshop (2007)
(“[A]nyone who has physical access to a voting machine, or to a memory card that will later be
32
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