Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 


advertise-here4


Slip Opinions


Most under-appreciated thing about Warren Buffett: he built Berkshire to last well beyond him.  (LAC, at BRK annual meeting via Motley Fool, here.)

University governance as a new topic of public discussion.

An unusual profile of Mary Anne Franks (kw)

Aggressive copyright litigation run amok. (fp)

USA Today's Matt Krantz quoting me on Warren Buffett joining Twitter.  (LAC)

Private prisons? Why, sure! What could possibly go wrong? (kw)

TNR profiles Susan Crawford (kw)

Berkshire Hathaway is bigger than Warren Buffett.  Manual of Ideas (LAC).

Guns don't shoot people, kitchen appliances shoot people (kw)

Via Glom, Sat Eve Post review of The Essays of Warren Buffett.


Our Podcast

Subscribe to Law Talk


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • David Schwartz on The Varying Use of Legal Scholarship by the U.S. Supreme Court across Issues

    • Matt on Is Berkshire Hathaway Really a Psychology Experiment?

    • Orin Kerr on The Varying Use of Legal Scholarship by the U.S. Supreme Court across Issues

    • Guy Spier on Is Berkshire Hathaway Really a Psychology Experiment?

    • Griff on The Varying Use of Legal Scholarship by the U.S. Supreme Court across Issues

    • John Mihaljevic on Warren Buffett: Practical Philosopher of Capitalism

    • Patrick S. O'Donnell on Warren Buffett: Practical Philosopher of Capitalism

    • Arthur Clarke on Mr. Buffett Joins a Board

    • Patrick S. O'Donnell on Warren Buffett: Practical Philosopher of Capitalism

    • Matt on Warren Buffett: Practical Philosopher of Capitalism

    • Larry Sheldon on Warren Buffett: Practical Philosopher of Capitalism

    • Personal Injury Lawyer on Privacy Self-Management and the Consent Dilemma

    • Lawrence Cunningham on Mr. Buffett Joins a Board

    • Guy Spier on Mr. Buffett Joins a Board

    • John Mihaljevic on Mr. Buffett Joins a Board
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Bad Idea, in Voting

posted by Danielle Citron

I’ve been in my book writing fox hole, so much so that when the storm hit Maryland and D.C. and I did not lose power, I had no idea that nearly half of my state and our neighboring ones had none.  But enough about hiding from the world (and the Internet), there are alarming stories about voting worth sharing now with elections coming up, the only time the public seems to sniffle at the issue.  Internet voting.  One might say, in your dreams, pal, never going to happen.  But in truth it is happening, with calls for more.  Nineteen states offer some form of online voting, mostly for soldiers living overseas.  The Military and Overseas Voter Empowerment Act requires states in most cases to get ballots to military and overseas voters well in advance of regularly scheduled federal elections, which has led states to adopt voting via e-mail and online for soldiers.  (Other states like Maryland allow voters to download ballots online and mail them).  Because these experiments have “worked,” more calls for voting online have been forthcoming on the grounds that people might then actually vote.  It’s my understanding from voting activists that election boards are agitating for online voting, and it is a very bad idea.  To state the utterly obvious, all things online are insecure — the infiltration of Pentagon and countless companies, including financial ones, should instill fear about the sophistication of bad actors looking to steal state secrets, trade secrets, credit card numbers, SSNs, you name it.  And online elections–what a target (think about all of the people who would bother–in a word, lots).  Stuffing ballot boxes in a handful of precincts is quaint as compared to the possibilities of malware, distributed denial of service attacks, and the like in a state and federal election.  It is mind blowing, really.

Scott Wolchok, Eric Wustrow, Dawn Isabel, and J. Alex Halderman of the University of Michigan recently released a study on the ease with which they hacked a pilot project on Internet voting run by Washington D.C.  The authors explain that within 48 hours of the system going live, they gained near-complete control of the election server, successfully changed every vote and revealed almost every secret ballot. Two business days later, election officials detected the intrusion, and probably only because the authors deliberately left a prominent clue.  Some respond to these sorts of concerns with “we bank online and it is safe, so we can vote online, if we just work hard enough at it.”  As the authors explain, banking and voting involve very different activities with very different needs for secrecy as between client/voter and bank/voting precinct.  As the authors explain:

While Internet-based financial applications, such as online banking, share some of the threats faced by Internet voting, there is a fundamental difference in ability to deal with compromises after they have occurred. In the case of online banking, transaction records, statements, and multiple logs allow customers to detect specific fraudulent transactions and in many cases allow the bank to reverse them. Internet voting systems cannot keep such fine-grained transaction logs without violating ballot secrecy for voters. Even with these protections in place, banks suffer a significant amount of online fraud but write it off as part of the cost of doing business; fraudulent election results cannot be so easily excused.

The National Institute of Standards and Technology agrees.  Chief among NIST’s concerns are malware and our lack of an infrastructure for secure electronic voter authentication.  Amazingly, countries like Estonia and Switzerland have adopted Internet voting for national elections.


 July 10, 2012 at 4:19 pm   Posted in: Anonymity, Election Law, Privacy, Technology   Print This Post Print This Post

Responses (6)

  1. A.J. Sutter - July 10, 2012 at 7:47 pm

    You’re right, of course. Nonetheless, the analogy between banking and voting sadly rings true in other ways, these days.

  2. Paul Horwitz - July 11, 2012 at 8:08 am

    I appreciate the concerns and have no particular stake in this debate. But I wonder two things: 1) Isn’t this, like any other choice of policy instrument, simply subject to cost-benefit analysis, in this case balancing the risk of catastrophic harm against the smaller but potentially more certain risks of the current system? 2) What is the actual experience in, eg, Estonia and Switzerland? Have there been costs and harms? Have there been benefits?

  3. Danielle Citron - July 11, 2012 at 9:11 am

    Great to hear from you both, and A.J., look forward to hearing about your book project. For Paul’s question, the question of cost-benefits is worse than what I portrayed. The federal government post HAVA spent millions upon millions for the states to buy DREs, which have their serious flaws but certainly pose less security risks than Internet voting. So the notion of throwing those out (and states like NY just sunk their fiscal teeth into them as Maryland did just a few years ago buying all new ones) for a less secure option shows that the cost of switching is higher for little benefits (people may vote more but then again their intended votes will be more likely to be switched, flipped, or not counted due to malware, DDOS attacks, etc.) So seriously why would we think about it? Because election officials love shiny new ideas and are not technologists. There are far more odious reasons too.

    All from me, back to the book (and also an essay with David Gray)!

  4. Ken Rhodes - July 11, 2012 at 9:29 am

    In re Paul’s question/suggestion, we would have to establish the “cost” of a stolen election, the “cost” of compromising the secrecy of the ballots, and the “cost” of a denial-of-service attack that caused many people who expected to be able to use the system, and thus did not make alternative arrangements, to lose their opportunity to vote.

    We don’t generally do cost/benefit assessments on the rights guaranteed us in the Constitution. The “right” to elect our government would seem to me to be subject to a similar consideration.

  5. Paul Horwitz - July 11, 2012 at 12:52 pm

    With all due respect to Ken, I think cost/benefit assessments are a regular, if constrained, part of constitutional rights adjudication–both in constitutional systems that expressly contemplate proportionality analysis and in those, like ours, in which it is not explicitly set out in the constitutional text but happens just the same. And just as we should consider the costs Ken sets out–which are among the very costs I had in mind–we should also consider any potential benefits, including increased voting rates (if, that is, one thinks higher voting rates are a good thing), reductions in lower-level fraud and error, and so on. Again, I’m not for or against it, and I’m fine with Burkean conservatism on this point, and on any other issues on which Danielle wants to be a Burkean conservative! Just asking the questions. I’m still especially interested in the experience of those nations that have actually gone this way, but that’s by way of curiosity, not advocacy of a particular result.

  6. Steven M. Bellovin - July 11, 2012 at 9:57 pm

    The question isn’t as simple as cost-benefit, because we can’t say “if you spend $X more you reap Y benefit”. (Defining Y, though not easy, is probably feasible, if you try to use something like the percentage of votes that are cast accurately, plus allowances for who will cast a vote.) The problem is that we don’t — and, I think, can’t — have a good handle on the trade-off for elections. Note that the tradeoff exists even without computer issues; better-trained poll workers could make a big difference, as can things like avoiding butterfly ballots. But elections are already costly, and counties are strapped for money. Beyond that, we don’t have a good handle on the extrema; the worst case scenario with computerized voting systems is far worse than with manual systems.

    Computerization makes it worse for two reasons. First, there’s the security issue: can someone hack the voting system? There have been plenty of lab studies, but to my knowledge at most one fraud case tied to DRE (Direct Recording Electronic) voting machines. However, if you care about the subject see the many reports that were part of California’s “Top to Bottom” review; http://www.sos.ca.gov/voting-systems/oversight/ttbr/red-overview.pdf is a good starting point.

    Personally, I worry more about bugs. Code is hard to get right; voting machines are very hard, because of the voter privacy requirement: it means that one can’t keep adequate log files. There have been many reports of buggy code; see, for example, Ed Felten’s hard evidence of results that just can’t happen. These are far from the only ones; one notable one occurred in North Carolina because election officials ran far more votes through a machine than it was designed for — somehow (and the programmer’s logic escapes me; it was much harder to do it this way), not enough digits (actually, binary bits) was allocated to hold the total, so many votes were lost. (My own comments are in my blog; see especially the link to the article on Bernalillo County, New Mexico, in 2000 — a far more interesting, though less reported, story than Florida.)

    I think the best way to understand the problem is to realize that virtually no computer scientists think it’s a good ida. Normally, people push their own field’s products; here, you see the opposite.

    Could a really reliable electronic voting machine be developed? I’m extremely skeptical. I can say that doing so would be extremely expensive; we know that from the cost of developing other ultra-high-reliability systems (aircraft flight control computers, phone switches, etc.). We also know (see Avi Rubin’s paper on Diebold software) that production systems are not developed with that level of care. You get at most what you paid for, and I’m not sure one can pay enough here to get a system where the worst-case result is acceptable.

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Kelli A. Alces
Taunya Lovell Banks
Ryan Calo
Claire Hill
Jay Kesten
William McGeveran
Meredith Render
Aaron Saiger
David L. Schwartz
Olivier Sylvain
Charles K. Whitehead
Aaron Zelinsky


















Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Derek Bambauer
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Khiara Bridges
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Gabriella Coleman
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
andré douglas pond cummings
Allison Danner
Laura DeNardis
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Susan Freiwald
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Vivian E. Hamilton
Meredith Harbach
Michelle Harner
Angela Harris
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Tayyab Mahmud
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Janai Nelson
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
David Opderback
David Orentlicher
Michael O'Shea
Kristen Osenga
Mary-Rose Papandrea
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
William Reynolds
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Brishen Rogers
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schleicher
David Schraub
Paul Secunda
Lea Shaver
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Peter Swire
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Joseph Turow
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Elizabeth A. Wilson
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
Privacy and Security Training
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress