Arrogant Letter Agrees to Comply With Law by Submitting Source Code for Review, But Mysteriously Insists That SoS Bowen Revoke Demand to Release Version of Source Code Held by Escrow Firm...
Guest Blogged by John Gideon of VotersUnite.Org
As The BRAD BLOG reported yesterday, voting machine company ES&S has finally relented and agreed to join all of the other companies operating in the state by cooperating with the Secretary of State Debra Bowen's "Top-to-Bottom Review" of all electronic voting systems previously certified by her predecessor Bruce McPherson. After previously refusing to supply the state with source code for the company's InkaVote Plus system used exclusively in Los Angeles County, Bowen had demanded the release of the source code from escrow where it was stored by state law, as we also reported previously.
But has ES&S really relented? Or is something else up?
We asked yesterday why ES&S decided to send their source code, instead of allowing Bowen to pull it from the escrow facility at Iron Mountain, as she had previously demanded. And now, based on a letter from the company which The BRAD BLOG was able to obtain from one of our sources, as sent to Bowen's office when they agreed to supply the source code Monday, the smell of something fishy continues to permeate. The complete ES&S letter is posted in full at the bottom of this article.
On Monday, June 25, ES&S sent the letter to Lowell Finley, California's Deputy Sec. of State in charge of Voting Systems Technology and Policy, agreeing to supply the source code for InkaVote Plus is an amazing example of the company's arrogance even as it continues to beg a myriad of unanswered questions.
ES&S opens the letter repeating their desire for changes to the previously agreed upon Non-Disclosure Agreement (NDA) they have with the state. AS well, they believe the cost of Bowen's "top-to-bottom review" is too high, and they have concerns with some of the researchers who are doing the review. Nonetheless, they agree to cooperate.
Yet, after informing Finley that they intend to finally send the required source code, they instruct him that they expect him to send a letter to Iron Mountain Intellectual Property Management Inc. to release the firm from the state's request for the escrowed source code. Now why would they need to do that?
"As ES&S is providing the InkaVote Plus voting system source code directly to your office, ES&S requests that you send a letter to Iron Mountain retracting your request for the InkaVote Plus voting system source code," writes ES&S' Steven M. Pearson in the letter.
"This will provide the required notification to Iron Mountain that you are no longer in need of the requested source code and allow Iron Mountain to close your request. In addition, this will avoid ES&S from having to issue contrary instructions to Iron Mountain to prohibit the release of the InkaVote Plus voting system source code."
So what the heck is that all about?...
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