copyright law misused to attack whistleblowers

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Voting for Fair Use
By Ren Bucholz
Activist
Electronic Frontier Foundation

(Note: this op-ed also appears in Silicon Valley Biz Ink)

A 19th century voting expert said that voting machines should "protect the voter from rascaldom and make the process of casting a ballot perfectly plain, simple and secret." But what if the rascal *is* the voting machine?

That question is being asked more frequently as the public learns about the risks of electronic voting (e-voting). Unfortunately, answers are hard to find. Voting companies don't release their code for public security reviews. The machines are certified in independent labs, but the reports are sealed. Election officials get to look under the hood, but they are gagged by nondisclosure agreements. The next presidential election is on the horizon, but voters are in the dark.

One thing we do know is that many e-voting machines are simply PCs. Fortunately, we understand PCs: we understand that users break them, evil-doers break into them, and sometimes they malfunction without anyone's help. Ignoring this is naive at best.

But what about unscrupulous vendors who not only ignore this, but also attack whistle-blowers with groundless legal threats?
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