Skip to main content

tv   Public Affairs Events  CSPAN  October 25, 2016 1:21pm-3:22pm EDT

1:21 pm
obama's restrictions was a drop in the number of registered lobbyists. it went from about 14,000 to 12,000 during his first term, a number of registered lobbyists. there's not much reason to believe those people totally left the influence industry. a lot of them people who left the registration roles were working at the same firms under title and clearly still working under government affairs but had just technically not met their registration requirements. where in the past there was almost a pride about being a lobbyist and people would register out of an abundance of caution just to not go afoul of
1:22 pm
the rules. that changed around 2008 after the abramoff scandal and obama's new policies, if you could get around registering, a lot of people would not register so they wouldn't have to face these restrictions. they also applied to incoming officials into the administration. they were restricted pretty heavily on what they could work on. basically it made it very hard to work in the obama administration if you had recently been a registered lobbyist. so looking to the future, what hillary clinton or a president trump would do is kind of a big question because the president has a lot of sway over what the policy is. i know it's been recorded that hillary clinton's transition
1:23 pm
team that has a ban on lobbyists working in the transition team, so we maybe could foresee she would have a similar policy to obama. but it's really not clear whether obama's policies will carry over. at the end of bill clinton's administration, he actually rescinded the restrictions he had. i think it was even after the election, the 2000 election. but basically that's something that obama potentially could do because, of course, over the last year i'm sure people who work in the white house have been looking for jobs in the private sector.
1:24 pm
and they would -- that process would be easier for them if there weren't such limited restrictions on them. that's kind of the landscape of the rules. i want to talk about what we do with regard to the revolving door and show you a little bit of what's on our website that you can mime. there isn't like a central government database who has everyone that's been through the revolving door. one of the things we do is track the news, obviously, and law firm, press releases and twitter accounts, and we sometimes get tips from people as to who is moving. we use some data including staff
1:25 pm
directories in the hill and if they show up in lobbying registration to propagate our revolving door section of the open secrets.org. so when you land in this section you see this is a little bit out of date, feature revolver, someone in the news or we think is important and we write up a biotalk about the possible implications of their move from the government into the private sector or vice versa maybe looking at whether they have made campaign contributions as well and just add that for your information.
1:26 pm
the most important thing you'll find in here is these personal profiles of revolvers. you'll find graphical time line of where they have worked and then table below that kind of really lays out exactly where they worked and provides links if they are a registered lobbyist or work for a lobbying firm you can go look at the activity of the lobbying firm, what members they worked for and what not. now, if you're looking for stories, you'll probably want to check out a bunch of these kind of top lists that we have including, you know, what members have had the most revolvers, what agencies do you find a lot of revolvers in, where the people who work for the committees have moved, how
1:27 pm
many people there are, and you can look at industries. so if you're interested in a particular state, for instance, you might want to go check out your state's delegation and see who has worked there and what firms or companies they went to work for and then you can kind of tie together some of the other pieces you'll find on here including lobbying, the company they now work for, how does that industry tie in to your members. so as has been mentioned, we cover a lot of ground including contributions and super pacs and extensive lobbying profiles and all that are other things that you'll find on open secrets.
1:28 pm
and i think that's my overview. so if we're ready for questions. >> so we have time for questions. if i could ask just one definitional thing. the definition of a registered lobbyist, more than 20% -- a client representing more than 20% of the work. so in theory if one lobbyist has five clients all at 20%, they would be registered under all five of them. if you had six clients at 16%, they are not registered as a lobbyist for any of them? >> that's essentially true. that's a very vague rule, which is why it ends up being a loophole. how you define what 20% is has never really been tested.
1:29 pm
is that 20% bigger, of course probably working on projects that are not strictly for lobbying clients. but yes, that's essentially correct. >> okay. so questions out here. let's go right over there. >> yeah, this is a very narrow question but i'm curious about it. do you know what the rules are, if any, on someone who has been uniform military and becoming defense secretary and another high-placed civilian job? i'm thinking particularly about mike flynn who has been out of uniform for a while and likely to be trump's defense secretary. >> i don't know anything specific about the military rules that are different. >> i don't know there are specifics. >> i think so. okay.
1:30 pm
thanks. >> james. >> you mentioned the obama administration's role not hiring lobbyists. was that circumvented in any way? you mentioned that loophole chris brought up. there are also waivers that the president can grant. there have been a few dozen of those. it wasn't really widespread but there's certainly examples of that. >> the lobby -- >> registered lobbyist. >> so if you were registered and they wanted to bring you in, you could get a waiver, which is something that becomes public, of course. >> the waivers are public. there were some, i think, that pretty clearly there weren't as
1:31 pm
many lobbyists going into the obama administration as had gone into other administrations. there were exceptions made. they did bring in some. >> okay. let's go back there and then over there. >> could you give us a sense of where lobbying and influence laws are particularly strong and where they are weak and the ramifications of those two environments. are they strong, for example, at the s.e.c. and weak elsewhere? what comes to mind. >> well, in general, the disclosure laws are relatively strong. in many cases they are self-reporting. however, scenarios such as the
1:32 pm
registration loopholes we talked about and those kinds of definitions that things vary. i'm not particularly familiar with the agencies that have much stronger rules or any that are really lacking. >> the rules are the rules. they apply across the board. so you don't have strong rules one agency versus another, as far as i know, right? there are certainly -- there's certainly agencies that look more favorably, i think, on people who have been lobbyists, depending on who is leading the agency. i know there's a lot of revolving door activity.
1:33 pm
there has in the past at the fcc and a bunch of others. but the rules are the rules across the board. yeah. >> a variation of the question, can you talk a little about the revolving door between wall street and s.e.c. and treasury department? >> yeah, there's -- one name springs to mind, which isgo goldman sachs, which has been quite a font of people for jobs coming out and provide people coming into the administration. so wall street has been very important for both of those agencies. >> you track that on your website? >> yeah. do you want to show goldman sachs? >> sure.
1:34 pm
>> so as you saw, there's also a more extensive search page you can go to. you can go and search by a company you're interested in, and you'll get a list of all the people who either currently work there or previously worked there and have been through the revolving door. so if you are taking a look at a company, this is a good place to go and kind of explore. of course each of these names will take you to one of those
1:35 pm
profiles that more extensively laysous when they were there, if they happened to work at s.e.c. or the finance committee or wherever. so that would be a good entry point if you're looking at a compa company. of course we also have, look at it by agencies as well, if you wanted to come in through the other way and look at the s.e.c. you'll get a similar list of people who have been through the revolving door and work at s.e.c. >> give me a sense of when did you start building this database. what's the scope and how many years back does it go? >> we began in 2006.
1:36 pm
we began with database of influence people that we purchased and we've been building on it since then. so of course there are people in here who worked for the ford administration, but definitely the last 10 or 15 years is going to be more complete than those older years. >> more questions? james again. >> lobbying has sort of been part of washington since the beginning. where are we now? do you think the influence is as great as it's ever been, or has there been any sort of rollback? i guess the obama administration's effort some resistance to it but i wonder if you would look back historically to where we are now. >> i think that -- i think it's part of the fabric of washington and, as you say, has been for a
1:37 pm
long time. it's very hard to measure. you know, now, as dan said, you have a lot fewer people registering as lobbyists. that doesn't mean they aren't strategic advisers or providing some other services that in the past they might have registered as lobbyists because of that. but cause lobbying has been a dirty word under the obama administration doesn't mean they aren't doing it. doesn't mean they aren't out there. there is a lot of people making a living doing this, and it's just very hard to get a metrics on it. you know, i think -- the end of earmarks on capitol hill, not really the end of earmarks but at least some kinds of earmarks was something that did not -- it
1:38 pm
may have contributed to the drop in the number of lobbyists but probably not by a lot. there are various ways that the administration or congress tries to implement the influence this the public sees us being an onerous thing. like public and politics, it's like water, there's always ways around it. we live in a capitalistic society. there are always going to be private interest out there trying to make their case and trying to find a way to make more money using policy. >> okay. >> just giving what you've said so far, i do think obama's rules were misguided in a way. seems like we have less transparency because we can't look up as many lobbyists.
1:39 pm
is that true? >> i mean, to some extent that is true. it's definitely two sides of a coin. it wasn't universally good. but i think his policies served a purpose. like they were successful for what they wanted to do. it is not ideal that the result was driving people off the rolls and learning less about it. on the whole i think it was a positive thing but it certainly had consequences. >> over here. >> i'm just curious if you think -- >> my impression it seems like with the revolving door, the flow going out is probably a little bit bigger than the flow going in. seems like you hear about a lot of lawmakers if they get ousted in an election, first thing they do is register as a lobbyist.
1:40 pm
is that true or is the flow balanced? many people are going from like the private sector and lobbying sector into administrations and different staffs. >> well, the flow out probably is more intense. it varies after an election, there's a whole lot of activity especially with members who have lost elections or just decided to leave congress and the change in administration on the executive side causes a lot of activity. >> as viveca mentioned, how -- there's basically a salary incentive to having these connections. that's what the whole system kind of revolves around. there is some incentive, and we
1:41 pm
see this relatively frequently for people to kind of go in and out of public service and private sector, which if you're cynical you can say they are just renewing that currency they have of connection and influence with the people currently in government and writing the policies. >> okay. we have time for a couple more questions. let me ask one definitional question. you said, dan, the rules for congress, for senators there's a two-year cooling off period and for congress one year. what's the definition of cooling off. no activity in how do they define the activity. >> it requires being a registered lobbyist again.
1:42 pm
there's a receivings of contact and covered official. essentially they can't be making more than one contact with government officials on behalf of their clients. >> other questions? y'all have been watching this issue for a long time. v viveca, you were a reporter covering it in your career. what's the coolest, you talk about eric lipton story but what's one really memorable story? if you have any idea how the reporter conceptualized and reported it, you know, help us out to figure how to kind of execute, think about one of these stories. >> well, the amgen one obviously
1:43 pm
was a big one. often this is like a piece of a bigger story. we have notable people like tom daschle is the example frequently given of somebody who everyone knows was basically being hired to revise people as strategic adviser and do a lot of activity most people would call lobbying but he wasn't actually calling folks on the hill, so he didn't have to register. he recently did register but for years that was a big one. >> i think a lot of this you see something funny going on. it's sourcing on capitol hill or administration, some kind of
1:44 pm
provision in a bill. again, i go back to amgen example because it was so classic. this weird little thing that came up. i don't know how eric got onto that story. it could well have been that somebody on the hill, some staffer said, you know, look at this we're thing in the fiscal cliff bill and he started digging into it. even though amgen wasn't named it clearly benefited only one company. you start pulling threads and see the connections. so i think whenever you see something that appears to be casting favors in one direction or another, you start looking. sometimes it's a campaign finance angle you stumble on. oftentimes there's a lobbying connection. there are connected lobbyists to
1:45 pm
the people who made this happen. >> and with that, i think this panel will come to a close. i want to thank our two speakers very much for your time. as i said, opensecrets.org is a great resource for all kinds of political money stories. f we retire to our offices. lunch will be waiting for you. our first panel talking about budget issues starts at 1:15 so be ready of the "wall street journal" and ben weil of "politico." for nonmillers in the audience here, thank you for coming out and joining us. i want to thank university of maryland college of journalism, roll call and c-span for helping us put on this event today. that's it for this morning. i'll see all the paul millers at the foundation office.
1:46 pm
make your own way there. see you there in 15, 20 minutes and thank you very much. with two weeks until election day an abc news poll finds hillary clinton maintains a 12-point lead over donald trump. the poll of likely voters finds hillary clinton with 50% support and donald trump with 38%. however, when broken down by state, a monmouth university poll finds arizona likely voters support donald trump with 46% support compared to hillary clinton's 45%. both candidates are in florida today and jennifer jacobs with bloomberg politics tweets out this picture, law enforcement in miami shut down the highway for the trump motorcade. a few motorists were stopped on
1:47 pm
on ramps to take pictures of the candidate as he went by. florida began early voting and democratic presidential candidate hillary clinton campaigns in coconut creek, florida, today in what's being billed as an early voting rally, broward county north campus. live coverage at 2:15 eastern. republican presidential candidate donald trump is also campaigning in florida. he's holding a rally outside tallahassee car museum. see live coverage of that starting at 6:00 eastern on c-span2. >> c-span brings you more debates this week from key u.s. house, senate, and governors' races. this evening at 7:00 eastern live coverage on c-span. the indiana's governor's debate between republican lieutenant governor eric holcomb, democrat john gregg and libertarian rex bell. wednesday live on c-span,
1:48 pm
democratic congressman and republican debate for the maryland senate seat. at 9:00, live on c-span, the iowa third district debate with republican representative dave young and democrat. c-span debate for florida senate between republican senator marco rubio and democratic congressman patrick murphy. live thursday night at 8:00 eastern, republican senator kelly ayotte and democratic governor maggie hassen debate for new hampshire senate seat. now until election day watch key debates from house, senate and governor's races c-span networks, c-span.org and c-span radio app, c-span where history unfolds daily. >> here on c-span3 tonight american history tv prime time continues with the look at the life of alexander hamilton starting at 8:00 eastern with the visit to morris-jumel
1:49 pm
mansion, the oldest house in manhattan, then a look how close "hamilton" the musical follows history, a discussion of alexander hamilton's legacy. that's tonight 8:00 eastern on c-span3. cyber security officials say hacking of election polls are a concern. the atlantic council post add panel discussion on potential cyber security threats for 2016 presidential election. this is about 90 minutes. are we all set? good afternoon, everyone, welcome to atlantic council and welcome to october edition of cyber risk wednesday.
1:50 pm
i'm slightly distracted by the cool prop on the side i think we'll talk about more. my name is daniel chu, we run cyberrisk wednesday here hosted by us and in collaboration with our partners at christian science monitor with the pass code. this afternoon's conversation is on hacking the vote. i feel like there should be some ominous music here when i say that. it is part of our cyberrisk series and very timely. i woke up to a radio story on exactly this topic. it is particularly timely discussion and a particularly distinguished group of panelists that will examine our threats ranging from historical paper systems to current voting computers to internet-based voting in many other countries.
1:51 pm
really, a great panel to help us put this whole story of hacking the vote into some context and with some real substance hyped behind it. i would like to welcome those who are watching online. i encourage you to join the conversation on twitter using #accyberand acscro cough and @cmmpasscode. we have seen heated discussion how cyber crimes could impact voter registration, voting computers, they are really voting computers. even the outcome of the election. the act of tampering with and undermining trust in the electoral process goes back much further than this election. it goes back perhaps as long as there have been elections, though the mechanisms have changed over time. the idea of influencing and possibly changing the outcome of
1:52 pm
elections is nothing new to foreign or domestic players. make no mistake, as well. this is an international problems just as much as an american. there are several examples in europe and latin-american where the fear of cyber insecurity are used to influence public opinion before, during, and after elections. in fact, in your seats, you will find a report from two years ago discussing many of these issues and the recommendations contained in it, that are still very relevant today. those of you online will not find that report in your seats but we will post a link to it so that you can find that as well. here in the u.s., voting authority started rapidly implementing e-voting solutions to make voting accessible and efficient in the help american vote act in 2002.
1:53 pm
a number of electronic solutions were ill-conceived or have not aged well in the 14 years since. it certainly won't come as a surprise to the people in this room and online, that computers, even voting computers are hackable. additional alarms ring when it comes to voter registration information and assistance for tabulating votes which may be dangerously vulnerable even to relatively low skilled hackers. however, it is not just voting technology that's at risk, we've started to see recently in particular hacks of political parties and other entities that can highlight the vulnerability of the entire electoral and political process. the daily leaks we have been seeing lately from the democratic national committee and other political organizations are having an impact on the political campaigns. while leaks have been common, these kind of hacks really do represent a new level of scale often dubbed as the electronic
1:54 pm
watergate where traditional responses may no longer work. the possibility that more sensitive information is waiting to be released at an opportune moment could create opportunities for foreign powers seeking to interfere with presidential elections or even criminal entities. in addition, with one presidential candidate, i'll let you guess which one, warning his supports that the election is going to be rigged, quote, unquote, hackers may not even need to compromise voting computers or systems to undermine the people's trust in the election results. merely a credible claim of doing so could compel voters to cry foul and undermine the legitimacy of the vote at home, in the united states and abroad as others look at the outcome. >> today, we are here to find out what is truly new about the cyberthreats, what actions will best preserve trust in our elections and what can be done in general. before i ask the panelists to join us here on the stage, let
1:55 pm
me briefly introduce them. i will start with jeremy epstein. he is on loan to the innovation office. he was sent by sri to the national science foundation secure and trust worthy cyberspace program. also joining us is joseph hall, chief technologist director of the internet architecture project at the center for democracy and technology. he serves on the board of the california voter foundation, the verified voter foundation and the fcc's computer liability and interoptability council. please to welcome masimo tomisoli, the permanent observer for the international institute for democracy and doctoral electoral assistance at the united nations.electoral assist
1:56 pm
united nations. his resume includes work at the organization for economic cooperation and in the italian ministry of foreign affairs. finally kim zater will be joining us to moderate this discussion. kim has been covering cybersecurity since 1999, including more of a decade at "wired" magazine. she is a journalist and author who is well-known for covering this range of issues. we are looking forward to her leading this discussion with us today. as always, again, thank you to our media partner pass code, the christian science monitor's new guide to security and privacy. thank you all for joining us on here and online. looking very much forward to this discussion. let me invite the panelist to come join us to get us started. thank you for coming. good afternoon, everybody.
1:57 pm
he covered some of the intro i was going to go over. i want to give you some context for why we have a discussion today about hacking the vote, hacking the voting machines. we are talking about hacking the vote this year, unlike any other year. we are talking about two kinds of hacking, as he discussed in his intro, not only technically hacking the voting machines but hacking the minds of voters. for influencing the outcome of an election. what do we mean when we talk about hacking voting machines and how did we get here? this started with 2002, the help america vote act. it was passed in the wake of the 2000 debacle, the bush v. gore out of florida. it was intended to provide disabled voters, voters that had hearing or sight impediments to give them the ability to vote without assistance in the polling place so they could have a private vote. federal government allocated about $4 billion to states so they could purchase accessible
1:58 pm
voting machines. instead of buying one or two touch screen voting machines that they considered accessible, they decided to go on a shopping spree and replace all of their voting systems with touchscreen voting machines in many precincts. they are also called direct recording electronic machines, dre. they didn't have a paper trail until academics and voting activists made an issue of it. there was no ability to check the vote and verify it record the vote that the voters intended to choose. we now have some that produce a paper trail and states that have opted for optical scan machine. these are machines where you are choosing your choices and it gets scanned into an electronic machine. that is problematic in the same way dres are when you don't have an audit. if you have a paper trail and don't do anything with it,
1:59 pm
to verify the election, simply having the paper trail doesn't mean anything. we are going to talk about all those issues and influence hacking. i wanted to start because the help america vote act was passed in 2002. states bought machines. we have had them for over a decade. problems throughout that decade with machines and elections. we have had some resolutions. some states have turned off wi-fi. smart move. there are other problems, the process of elections. maybe we should talk about the win vote and why it is here. then we'll talk about the states. jeremy brought this beautiful machine, known as the worst voting machine in america. recently decommissioned last year in virginia.
2:00 pm
they had 3,000 of them. maybe you will explain why we had it. >> a lot of it has been electronics and software but a lot is also about the physical access. how many of you can see what i'm holding? you can have one as a souvenir if you would like. this is a key that is cheaper than the key that opens hotel minibars. this is what secures the usb key that stores all the votes on the avs win votes. this is one of the problems. it's symptomatic that it is very trivial protection. for a very important problem. the win votes were in use in virginia, in mississippi and pennsylvania. they are the only three states that ever used them. virginia was by far the largest market for them. to make a long story short, when they were decommissioned, it was after the state discovered they had wi-fi enabled that could not be turned
2:01 pm
off. we didn't realize it couldn't be completely turned off. it turned out it used the wep encryption method. for those geeks in the room, you will know that was known to be a compromised system ten years ago. it takes a couple of seconds to compromise it. it turns out it didn't matter, because the password on it was abcde and couldn't be changed. it turned out it was just a windows machine and you could connect with any other windows machine and download or modify the files. you needed the administrator password. that was admin. it wasn't too hard to break into these. the good news is that the state recognized the problems. >> after a decade. >> they had been using them for a decade. when they finally looked at them they said, oh, four letter word and got rid of them.
2:02 pm
virginia like most states is moving to the optical scans, as you said. about 80% of all voters this year will use optical scans. there are three states that are dre, without paper trail, i'm sorry, five states. south carolina. >> new jersey, delaware, georgia, and louisiana. >> five states have no paper trail, new jersey, delaware, georgia, louisiana, and south carolina. >> then there are another ten states where depending on where you live, you might or might not have a paper trail. it is great to have a paper trail. if nobody looks at it, if there are no audits, it doesn't do any good. relatively few states do audits and there are unique cases like virginia where it is illegal to do an audit. we can get into that if you care. so this machine you wanted to give away. >> when they were
2:03 pm
decommissioned, i got about 50 of them donated to me by the state. i have been distributing to universities and museums literally around the world for the purpose of research if you are interested in having one. please let me know. this one is available to a good home. >> we know at least five states are voting on dre machines without a paper trail. let's look at the issue of whether or not voting machines are still hackable today. this machine certainly was. now, it is being decommissioned. given be there has been so much focus and publicity about the systems and their hackability, have we see any progress in the sense of how they are being used today? has wi-fi been disabled? have the machines been secured in a better way? do we know? >> i definitely think we are in a better state than we were last decade.
2:04 pm
specifically, something like three out of four voters will cast a ballot using a paper ballot or on something that creates a paper trail. in addition to the geographic distribution, we talked about, you can be confident three out of four people have a paper record. it is different on the audit side. i'm happy to go into it, but it's kind of a mess. some of the audit styles people are doing -- the whole reason to do an audit is to check the computer tally of the voting computer against a manual tally looking at the actual paper records. that's a way of sort of arriving at ground truth. i think i would like to claim a little bit of the responsibility for fact that voting machines and the procedures around them have gotten considerably better since the last decade. the election systems commission deserves a lot of credit. that's the federal agency that is tasked with helping local election jurisdictions run secure, robust, useable elections. over time, their testing
2:05 pm
procedures have gotten better and more sound. the trick is any computer security person will tell you testing only gets you a certain level of confidence. there is always going to be ways to get around it. some of the things i'm not so confident about are things like tamper-evident tape. typically we put these numbered seals over seams of the voting machines and if you try to hack your way in and get in there and mess with the brains inside, you have to pull that piece of tape up. it will -- it looks like it has been messed with. it says, void, void, void. typically, a heat gun, something that anybody that's been in a shop class, is all you need to lift that tape without disturbing it. plenty of examples like bad keys that are not as good. i think the fact that we have been a little rigorous about saying, please don't ever do
2:06 pm
networking on these machines. virginia is one of the few places i don't even want to state it. there was something you could do from like across the street to one of these machines. do you want to talk about that? >> you could use a pringles can attack, it is an effective antenna for wi-fi. you can log in from across the street and manipulate the votes. >> that's pretty unique. typically we don't have -- >> it was the only machine in use in the united states that had wi-fi. >> you didn't even need that. as i recall, any voter in the precinct who had a smartphone could connect to the wi-fi that the voting machine was using and get access. >> without a pringles can. >> exactly. >> there are these concepts of voting like one we call software independence, which is the notion that any undetectable error in the software of the machine should not result in an undetectable error in the outcome of the final count. that's why we have things like
2:07 pm
paper trail and a set of crypto graphic voting methods that aren't widely used. some of us worry about them in other ways. those can provide some sort of hard check against the software being bad. >> we have two ways of hacking, connected to the internet, doesn't have to be directly connected and proximity hack, if you can access the ports while you are in the poll booth or if you can access while they are in storage before they are distributed. many of these sit in schools and feeders overnight or they sit in an unsecured warehouse for years in between elections. >> you hear people say these voting machines aren't connected to the internet. that should give you a little bit of comfort but not a whole lot. as dan wal yack -- wallach from
2:08 pm
rice university said recently, there was malicious hacking before we had the internet and the network. there were things called -- very few people may see or know what they were but they are viruses that are transmitted by floppy discs, media that you can put in and out of the machines. when i was at princeton, people designed a virus for this machine used throughout the entire state of georgia. this was a machine where the detault password was 1234, not even the "spaceballs snchl "combination which was 12345. they designed a virus that would do this, in one election, say the primary election, you would get access to the back of the machine and stick a usb stick on there and this would install. between the two elections, that would have the opportunity to go from that machine to the election management system, the one computer that tells all the other machines, here is what the
2:09 pm
ballots are going to look like for the next election. >> the programs of the voting machines and all that through the other elections. that's the way of installing a piece of malware on a device that over a longer period of time spreads itself. if you think about what kind of tackers will do that. it will not be something that woke up and said, oh, man, maybe we want to hack the vote. what you are going to have is much more sophisticated and long-term entities like nation states that are more likely to employ techniques like that. and don't always rely on it being a perfect way to do things. georgia is not a swing state by any stretch of the imagination, but there are platforms that may be susceptible to these kind of slower proximity hacks. >> it is interesting that georgia did that sort of test.
2:10 pm
georgia actually had a problem with certified software in i think it was 2008. they had all these touch screens in the warehouse and using officials at georgia tech who were helping them. about two weeks before the election, these helpers went in and upgraded the software on these debolt systems and no one had oversight over the software. they simply said these machines needed to be upgraded and they installed on thousands of machines. that's sort of a problem of process. you can have an external actor that gets access to these machines and you can have a problem with upgrading machines at the last minute in a way that software is not examined or certified. and you don't know what it's doing. if you are doing something intentionally, you can design it in such a way it disappears once it has caused its problems so that someone examining the code afterwards will not be able to see the malicious code's
2:11 pm
presence there. >> there was an interesting case in iowa a number of years ago that's very much like that where there was an upgrade to the windows operating system on -- i don't remember which brand of machine. it turned out it had a certain feature which meant that each voter when they stepped up to the voting machine, it would prehighlight whoever the previous voter had worked for. it was a feature of how windows worked, nothing intentional. nobody recertified it, because they didn't think changing the version of windows would cause a change in the voting behavior, but in this case there was an interesting interaction. doug jones at the university of iowa talks about that in his book. >> interesting. we looked at remote hacking and proximity hacking. i want to address internet voting, while it is not a huge problem. election officials are very keen for internet voting.
2:12 pm
they'll throw out a lot of reasons why this is crucial for going forward, and why the young generation of voters with smartphones, this is what they want. they do. they seem to think there is nothing wrong with -- they do everything else online. why shouldn't they be able to vote online for more convenience. let's talk about that. how widespread is internet voting right now and some of the issues around it? >> there are more than 30 states that allow internet voting for military and overseas voters. in the case of alaska, any voter can vote online. there are no standards for internet voting systems the national institute of technology that is charged with writing these standards has declined to provide standards saying we don't know how to do it securely. therefore, we are not going to provide a standard that says how to do it securely. we don't think it can be done at this point.
2:13 pm
as i'm saying more than 30 states are doing so and doing it on their own. it's unclear what security measures they are bringing to bear in terms of external reviews, anything like that. there's been nothing public i've seen from anywhere other than here in the district of columbia with the infamous case of the university of michigan hack against a test system that they provided. that was the one where they made all the robots win the election. there was a sample election and not a real election of course, and they played the michigan fight song for every voter. >> how many votes were accounted from internet voting in this election then? >> it's pretty hard to find that information out. most states do not break out the source for the votes. they'll tell you this many votes
2:14 pm
from this county. they don't tell you this many came over the internet and this many were mail-in, absentee ballots or in person absentee and so on. it's hard to tell. in virginia i was on the commission that looked at this and i think that there were somewhere in the range of 10,000 voters that were eligible if the internet voting passed, there were 10,000 people that would have taken advantage of it out of the voting population of about 4.5 million. >> i want to talk about audits and bring you massimo in about election monitoring and influencing. let's discuss auditing. >> how many states and why is virginia opposed and let's talk about exactly what an audit involves in terms of 1%.
2:15 pm
>> absolutely. if you're going to capture a paper record, you want to do something with that paper record. count all of them maybe, which is the standard definition of an audit is basically a recount. these are extremely expensive and time-consuming. there had been efforts since 1964 to try to get aspects of counting the paper to check the computer results without having to do a full recount. california passed the first statewide paper audit law in i think 1964. it's morphed over the years to be a 1% manual tabulation of voting machines from certain presixths. they used random numbers to pick a set of polling places in every county that they recount every ballot in the voting
2:16 pm
places and compare that to the election results. that is the simplest way to think about an audit. this is the number that's put in the statute and 100% and 200% and that's going to position it on. if it's close like pennsylvania for example and then a mandatory recount and that's a half percent margin that you go. there is a newer flavor of audits. the australian ballot, a secret ballot transformed elections in the last century, this thing i'm about to talk about is going to transform elections around the world in the next century. they are called risk-limiting audits. that's a way of counting the paper to assure that you have a way of capturing if you misstated the outcome. if the outcome you reported to the press and the thing everyone waits for election night, that's incorrect, they have a high
2:17 pm
probability correcting that bad outcome. they are very different than 1%. you look at the margin of the race and other factors. and then you tune the sample that you pick to be and to give you the confidence that you need. so for example if the race is extremely close, say the bush v. gore race in florida, you may have to do a recount. if is there a 5% margin, 2% margin, you count as few ballots as you need to to confirm the actual result. if you can't confirm the result, you enlarge your sample or do a full recount which corrects your misstated outcome. having the paper is one thing but counting it correctly is another thing. that's one thing we are lagging behind. for example, there's almost half
2:18 pm
states, 24 states have no mandatory manual audit of their paper. 13 states have some post election auditing, but it tends to be 1%, 5%, things that aren't tuned to the margin of the race. they're not very well designed. there are a whole bunch in mexico and california have provisions in the law to bring them in and do a sample and compare them and decide if you need to count them all. >> david becker said this morning, if jill stein starts winning south carolina by a wide margin, that might be a sign that something's off. the ironic thing he didn't say is if jill stein wins south carolina by 5%, probably there's nothing legally that can be done about it because it won't be within the margin of a recount, so an audit is the only way we would discover it. not that i have anything against jill stein, but it would be a surprising result.
2:19 pm
virginia seems to be the only state that it's illegal. i say illegal because it's with an asterisk. the asterisk is if every race on the ballot was decided by a margin of at least 10% and after all the results had been certified by the state, i.e., it doesn't make a difference any more, then you can do an audit. you can't do an audit any other time. it's not an audit to have an opportunity to correct the outcome. they will say you have screwed that up. don't do that again. >> right. they tried this out. used to be they were totally illegal. this was an improvement, very small improvement. and the outcome of the audit was the results were pretty similar. an audit result will never be exactly the same as the original. you have to know that there's differences because you're going to have human differences in how they look at the color circles or the machine differences.
2:20 pm
the conclusion was it was very close enough we were confident in the results and never needed to do an audit again. that was the conclusion of the study. it's like if you file your taxes with the irs and they audit you and say, everything's okay. you will never be audited or considered ever again because you obviously know how to do everything perfect. the irs doesn't work that way, yet that was the outcome of that audit examination. >> there was an election in california in a small county. they discovered this was an optical scan machine. they had a paper trail. they discovered that the machine had dropped about 167 ballots. the votes were there after they did the initial canvassing of the ballots after the election. they disappeared some time after
2:21 pm
that. it would not have been caught in that 1% because the 1% takes a random number of precincts in order to do the audit. and this would not have been included in that 1%. they decided to do this new radical transparency where while they have their debold optical scanning machines, they bought a fujitsu printer. when they compared the results, they discovered the debold system dropped 167 ballots and the other caught all of them. what do you trust? the risk assessment or risk management -- >> really quickly. there are materiality audits and process auditing. process checks that everything that goes into making the result was done correctly.
2:22 pm
that's where it's very hard to do that right. you don't get up to be a process auditor when you go to work and stuff. it's not the best job in the world. those are the things where we need just as much rigor to that as we do with all the processes that arrive at the actual results themselves. >> let's switch it for a moment. let's talk about influence hacking we have this unprecedented election in the u.s. we he never had this situation before or have we? it's quit common overseas and the cia has been successful influencing elections in the past. give us an idea of sort of where we are for this kind of situation in the u.s. is it true that we haven't had it before? >> if we place it in the wider context of electoral processes
2:23 pm
worldwide, there is a growing experience by election observers in dealing with electronic wording. you mentioned a few examples in the u.s. states that adopted it. outside of the u.s. there is, i would say, they experienced in india in countries like the philippines and brazil, for example. >> you're referring specifically to the machines again. >> i'm referring to machines again, but they are also experiencing internet voting in some cases. although that is not the rule for the latest political elections in those countries. talking about audit, i think you can get what does that mean in terms of auditing a system, so to speak?
2:24 pm
if the focus is on election day, there will be a lot of interest in looking at the numbers and focusing on the statistical techniques if you had the means that are basically related to the availability of a paper trail that can be used. but auditing system, auditing the process before election day, three, four months before election day is also practice that election observation nations are trying to introduce in their best implementation of the guidelines adopted internationally. there are examples from the osce in europe and also the carter center. both developed handbooks on observing electronic voting. these are actually drawn from general principles that belong to the election observation per
2:25 pm
se, not necessarily focused on electronic voting. they have specificity that are related to the medium, to the technique. just to give you an example, you mentioned the risks related to internet voting, but if you assess them, you would look at how data that are produced through electronic voting machines, for example, are processed by computers that may be hooked to the internet. so that is a direct access to the internet that is not normally considered part of the label category internet voting, still presents risks of manipulation. let me just support the russian
2:26 pm
security firm ceo of labs that identified last friday on an italian tv he was interviewed. he was asked, what is the biggest threat to democracy in your view? he said it is internet voting, in his view. unless the environment and procedures and the systems are safe enough there will be a growing tendency towards using these means of voting, and there would be risks, high risks of reaching manipulation, before, during and after elections. in fact, that applies also in different ways to the history of voting, also to paper ballots. so what we had to learn was how observing elections can introduce elements of independent assessment that can help election management bodies
2:27 pm
to make the environment for voting safer, and to increase also the confidence by voters in the system, which is one of the challenges of the u.s. system now. just one, not the only one. in the recent paper from harvard university, identified five challenges to the integrity of the elections in the u.s. these ones, the risk of hacking is only one of the five. you have the regulation of campaign financing, issues about the polarization, and therefore trust among political parties in the electoral procedures. you have issues of, of course, lack of professional standards in electoral management, especially in highly fragmented environment where elections are managed. i would say the most important one is lack of public confidence
2:28 pm
in the electoral process. all of these are interrelated, although we focus now on just one of them. i think this should address all of them at the same time. >> let's talk about some of those latter ones influencing and things. there have been reports and concerns associated press might get hacked. the associated press is, of course we are relying on them for the results. what is the potential and what are the possibilities when monitoring election for preventing that kind of influence hacking? the results are not all in, especially in a country as large as the u.s. where you have multiple time zones you're dealing with and you've got partial results being reported on one coast while another coast is still voting. how do you address that issue of false reports coming out other than sort of securing ap's computers and trying to monitor that?
2:29 pm
>> let me answer in a simple way. what is an election observer mission? it is a group of people who visit a country. you may have in that group expertise that focuses on the technology. you have other experts. you have media experts, for example. you have legal experts who looks at how the system is defined, designed in order to internalize processes of electronic voting. and you have long-term observers that i think gathers and analyzes the long-term observers. and can monitor how the media are reacting and influencing public views about the election. this is a combination of expertise in a process that is not just a week or month but covers the entire electoral
2:30 pm
cycle and can provide avenues for addressing together with the electoral management bodies, the bodies that are responsible for the management of the elections, i think issues like public confidence as a result of, i would say, manipulating behaviors by media. >> another response to that is you need to be really patient on election day. this is one thing working on elections you learn quickly election officials get no days off six to eight weeks before election days. please thank them for doing what they do because it's hard work. on the other side, you're not going to have a very high confidence number on election night. a.p. works very hard, 5,000 reporters, whatever. a great story from 2014 ukraine
2:31 pm
can illustrate how you really need to be careful what you rely on on election night. in 2014 in the ukraine in march of that year, a russian affiliated hacker group started poking around the ukraine's central election commission site and may 21st four days before the end of the election day, the entire central election commissions server infrastructure was hosed. someone had gotten there and run rampant with destruction in terms of pulling things apart and speaking of software, 12 minutes before the close of polls, the main website that reports the results, reported the ukrainian right leader had won. instantly, the russian state television station started reporting that was the outcome of the election. this was exactly a hack designed
2:32 pm
influence the hearts and minds of ukrainians and russians. in ukraine they have paper ballots they delivered to a place in kiev. they were able to count them. it took a while to get their servers back up, but two to report what was the high confidence result from the paper ballots. you should see anything on election night being potentially the right answer, but that understand it takes in a lot of states a couple of weeks, even three weeks to get at what is the official correct answer, which is called the canvass. don't be so concerned. it's not going to be the end of the world if we get weird results on election night. i have a feeling the likelihood of that is small. >> did you want to add anything? okay. in addition to sort of hacking potentially media outlet, there are some issues about the
2:33 pm
election results coming from county websites. we had some issues about ohio at one point where the website that was delivering the results was being maintained by a third party company who had ties to republican party. so there was this issue raised of even if you had the voting machines covered and security voting machines you felt confident in, those results that were then being fed through this system that was telling everyone, especially in a state like ohio which is always a crucial state in presidential elections. so i guess -- you're talking about being calm and waiting for the final results, but really on election night we call the president, we call the winner. i understand what you're saying about back tracking later on, but -- >> that is what happened with bush v gore. cnn called it and had to back track. >> it is the academic consensus that election ended up being called incorrectly.
2:34 pm
>> that can influence subsequent voters. >> this is the problem having election day as a natural experiment where we run it on one day is susceptible to attacks like server attacks. for example, there are things called e-poll books. when you go and vote, you sign in and they check your name off on a list. for the longest time those have been paper. increasingly those are moved to laptops or tablet computers. we had cases in the past where the computers wouldn't start or crashed or something or didn't have a network connection. they didn't make sure you didn't vote at one place on the other side of the city and vote on this side. >> which is almost unknown. vote on this side of the city >> absolutely. there is very little, if any evidence of what we call voter impersonation fraud which is why that one candidate dan talked about should step up and give us evidence of what he's talking about.
2:35 pm
these poll books, things can happen to them. i've heard from many election officials we have contingency plans and we have paper copies of these. i worry, if we have congressional staffers that have been there over 10 years, you experienced this. in the state of maryland you have this thing, the poll book crashing or not being able to work. people can't sign into vote. you get in these lines and the polling place can't open. that may delay the opening by a couple of hours. for those who have to commute a long distance, it may be the only time you have to vote. maybe only certain people have the luxury coming back later in the day. the parties will sue to keep the polling places open longer. those are a critical element here we've been worried about. you can ask your election official, do you have a contingency plan?
2:36 pm
what are your contingency plans? hopefully they involve printing out the roster you used to use. you may not be saving money which is often part of the impetuous to move to these kinds of things. you are making sure even if those things don't work, you can start voting right then and there. you have a contingency plan. >> we'll be opening up for questions in a minute. have in mind if there are questions you want. you talked about this is a way to disenfranchise voters. in georgia it was a huge problem. e-poll books. county after county was reporting e-poll books was down. it wasn't just that problem. a lot of voters were showing up and their name wasn't in this electronic data base. it may have been at the central data base but they hadn't updated it. if they were registering at the last minute, it didn't get in the poll book.
2:37 pm
a lot of voters were disenfranchised. usually the process is you can vote on a provisional ballot. you get a paper ballot. that vote is sort of, that ballot is set aside until they can verify you are a registered voter. then your vote will be counted. often times they don't have a contingency plan. if the e-poll book breaks down, you don't have enough provisional ballots for everyone that's going to show up at the polling place. again, voters won't come back if they've been there in the morning, they are not necessarily going to come back in the afternoon to recast a ballot. huge problems. not just voting machines, e-poll books, registration data bases. >> we should mention briefly voter registration systems. >> we spent the whole 2000 as academics and hackers worried about vote flipping attacks, changing the vote. now this year it's's specially becoming apparent how much we
2:38 pm
neglect it.s specially becoming apparent how much we neglect i specially becoming apparent how much we neglect it. >> the registration year. >> always talking about virginia, even though it is where i live, the voter registration system in virginia crashed on tuesday -- i think it was tuesday. the last day you could register. so now there are lawsuits about extending the date for voter registration. there is no reason to believe this was malicious. it was an overload like what used to happen on e-commerce sites the days before christmas where everyone tried to place their orders and couldn't handle it. now they learned how to do that for e-commerce. we haven't learned yet for voter registration. so some people will be disenfranchised. >> facebook will nudge you and say, where you live, the last day to register to vote is this day. i have a feeling, i can't prove it, but i have a hunch these lead into these things. today's the last day.
2:39 pm
>> everyone gets an alert at the same time and they rush to their computer. so blame facebook. >> it is one of the criteria, one of the usual questions used in assessing internationally elections, but it is not the only one. having a plan is good but not enough. the other question very important is, is there a training for the election management body offices to implement that plan? having a plan on paper is really good, not enough. >> remember, the people manning those polling places are often volunteers who have just been recruited in the last 24 hours to man those polling places. usually more earlier than that. i've been a poll worker and i find out three people call in the morning sick and you're the only poll worker that day. >> this is a good emphasis of things we do in the larger realm of cyber security we don't do as
2:40 pm
much in election cybersecurity which is for data breach types of scenarios, if if you're an enterprise that doesn't actually sort of have a fire drill around what you do when you had a data breach, you're not doing it right. this is the point. we want to see election officials and bodies actually running drills as if, hey, it's election day. this happened. what do you do. put people right there in that situation. sorry. >> a number of years ago i was giving a guest lecture at an university. i was asked how old is the average poll worker? one student raised his hand and said old. i said how old? he said really old. i said how old and he said like 35. so the actual average age of a poll worker in the united states according to the election commissions system is 73. think about that when we ask them, and i'm getting there, i'm not there yet but getting there. when we ask folks to set up
2:41 pm
complex technical systems on election day and run them securely. we are asking -- >> and trouble shoot them. >> we're asking a bunch of folks who are not i.t. specialists who grew up before they had computers and networks and all that sort of stuff. we are asking them to be our i.t. experts for the most important thing that happens in our country. we have to recognize these things are hard to do. >> really good point. >> volunteer to be a poll worker. >> i'm one. >> let's take questions. do we need a mike for them? >> thank you. the congress, as you said, passed appropriation in 2002 to update voting equipment. i don't think there is anybody in this room that has a computer
2:42 pm
or smartphone dating from 2002. so was our dysfunctional congress derelict not putting more money into updating? and if i may, you mentioned the ukraine experience. does putin's hacking crew have the ability on election night in this country to put a finger, a thumb on the scale in favor of either donald trump or just general disconcerting the american public? and for that matter, there are elections in european countries of significance to us in the next couple of years. could he do the same for a right wing candidate in france, germany, wherever? thank you. >> i'll address the first part of it about the finances, which is that there have been proposals in front of congress.
2:43 pm
there's actually a bill that was just introduced recently to provide federal level funding -- johnson -- and it historically prior to help america vote act, it was a state responsibility from a financial perspective to purchase voting machines. in a way it's not surprising after that one shot we're done and congress isn't inclined to put more funding. in virginia there was proposal by the governor to provide funding in localities to replace machines like this and that did not pass. there was just no incentive. nobody got elected, whether to congress or the presidency or even the city council by saying i'm going to spend more money on better voting machines. it's the perennial stepchild.
2:44 pm
elections don't have a consistency -- constituency. >> when any government official has a choice between filling a . >> when any government official has a choice between filling a pot hole or putting money in elections, they are going to fill the pot hole. you hear about elections maybe two or four years, you hear about the pot hole every day, which is unfortunate. we do need more regular federal funding of elections. it would have to be structured like highway funds. you are going to have all the shenanigans that happen in terms of things you have to agree to do to accept those funds. that's just how politics works. as to your question about putin having a thumb on the scale, we're not sure. i say that meaning you could think of elections as a meadow that hasn't seen a lot of predators. so we have a lot of entities, beings, election officials optimized for a place that hasn't seen a lot of predators. it's not a bad thing we have predators now because we have to
2:45 pm
adapt to work in this environment. something we didn't talk about is the u.s.'s history, the cia of directly influencing elections 1948 with the christian democrats in italy, the chilean elections in 1964, 1970 that resulted in a coup. it's strange we are crying human foul when we've done it over 100 years. [ inaudible ] >> i would say the technical thing about putin is hacking the presidential election is probably the hardest thing to do in this election. you're much more likely to see your proverbial tony soprano hacking one county to ensure waste management bond was passed. i think that's where you are going to see the first detectible evidence in the u.s. of a vote hack. i don't think something that crosses that many states is as attractive. if you can get suburban
2:46 pm
philadelphia and it's close enough, there pay be places that don't have paper trails that are, like for example dolphin county, i tweeted about this, dauphin county uses machines from 1985. i remember those computers. they were a lot of fun, monochrome, oh, boy. i could drop this off in the red square and russians couldn't hack it. the only responsive's seen close to correct was depends how high you drop it. >> i would like to add one thing to this interesting question which is about a recent bill that has been introduced to the committee on september 20th on election infrastructure and security promotion.
2:47 pm
this aims at designating election -- electronic infrastructures as infrastructures of critical strategic importance to the nation. now, these would allow a response that could even be military response in the worst scenario including by engaging in this response allies in nato. cyber security is about striking the balance between cyber defense and cyber offense. is there enough consistency in our intelligence systems between the two? because the weaknesses of the systems that should be addressed in order to protect, to make our electoral environments safer are also potential entry points for
2:48 pm
attacking other systems. so is there consistency in our societies when they deal with intelligence in cyber security between the defense and the offense? i think there is not enough clarity of that. it would be interesting to see whether this bill could actually imply imposing some restrictions on the cyber attack side of these conundrum of cyber security. >> so this has been a very frustrating thing for me and probably all of you, as well. you see one story in the news that says that putin could hack the presidential election. then another story says it's not going to happen. that's where you're falling. so it's really an unknown. we won't know until we know, essentially. >> we may not know.
2:49 pm
the scariest part. something i say a lot, these systems aren't designed to keep the kind of evidence you want to detect those kind of attacks. they are not designed to be resistant against nation state kinds of attacks. even then, if you're going to attack one of these machines, it didn't work, you would make it fail to look like a garden variety computer error. like the blue screen of death you used to see on windows machines. you see it now, too. that's something i'd keep an eye out for. if we see marked uptick in errors and strange kinds of things, that could be the only evidence we see of mischief. we'll never know. it's hard to really bound that kind of stuff. >> of course, machines are specifically designed so it doesn't say who voted for kim and joeyo to give you privacy. the side effect of that is if
2:50 pm
there's problem, it's like, i'm kind of surprised -- if i knew who you voted for, maybe i could say i could have sworn you told because we can't do that, it's very hard to detect strange things. it's like in 2012 there were comments, precincts in philadelphia where obama got 100% of the votes. was that tampering? there are allegations there was. if you look at the history, no, that's a precinct that is really democratic. similarly there were precincts went nearly 100% for mitt romney in other places. things that look strange isn't necessarily wrong. it's hard to tell the difference between something that looks strange and something that is strange. >> good point. okay.
2:51 pm
>> i voted this morning in virginia. it's a little bit disconcerting now learning that even though i asked about whether there was a paper track kept of my vote, to learn they can't audit the system even if they do keep a record of it. but my question relates to your discussion has been primarily as to the capability of hacking, and taking into account what you just said about detecting hacking in the past, other than in chicago in the 20th century, which had a reputation for fraud, is there much evidence or any evidence as to how much fraud or hacking has been done in the 21st century up to this point?
2:52 pm
>> there's a lot of evidence of accidental bugs. sometimes it's hard to tell the difference between a bug and a hack. because the symptoms are the same. there is a county in ohio had a case where their machine was misprogrammed. i think you wrote an article. >> i probably did. >> if you and i are living in the same precinct, the order of the candidates on your ballot and my ballot will be different so no one has an inherent advantage of being first. they misprogrammed the ballot rotation so the programs came out wrong. there was a bug. we have lots of evidence of things like that going wrong. we don't have evidence of hacks. >> miscalibrated machines. >> noncyber attacks. maybe that's not the right word.
2:53 pm
i believe this wasn't in chicago but was someplace in illinois where we had poll workers running the same ballot through an optical scan machine a couple hundred times. they didn't think they might actually compare the total number of votes on the memory to what's in the basket, the number of ballots. hey these don't match, we'll just actually count the ballots over again. we have seen that. there's a whole bunch of absentee ballot fraud. someone will go to a nursing home, have everyone sign their ballots blank, take them and fill them out and do stuff with them. there's examples of that. there's very little, if any, maybe four instances, i can get you a paper that cites this stuff called voter impersonation fraud which one candidate seems to be concerned with. it's hard to tell. coming to a polling place representing you're a different individual and doing that a number of times in other places. we don't see a lot of that. >> in terms of voting machines, we have problems where after the election they find memory cards
2:54 pm
from voting machines that haven't been accounted for and they're in the trunk of someone's car, a poll worker's car, something like that. or you have, again, is it intentional or not? it's hard to say. did someone forget to take in the tallies? >> there is a known bug in the debold gem system which is one of the systems that tabulates where under certain circumstances even when you put e memory cards into it to say give me the grand total for the whole county, it loses certain ones. i don't know exactly when it loses it. it's only certain versions of the software. this happened in california a number of years ago and happened last year or maybe this year in tennessee in a local election where three precincts out of 100 or five out of 100 weren't counted until they actually went back and did the canvass joe was talking about. got the final results and
2:55 pm
discovered, oh, we don't have the results for the xyz church and abc elementary school so they went and found them. >> it's hard to know what is a glitch and something intentional. there was a superintendent school race where every one out of 100 votes for this one candidate got dropped by the machine. >> that was in virginia. >> that's right. the candidate lost the race by 2% of the votes. 2% of the votes was about 1,600 and she lost by 1,600 votes. and she lost by 1600 votes. and 2% of the vote was 1,540. so again, intentional for a school superintendent? probably not. but maybe it was a test run to see if it actually works, right. >> and to see if anyone notices before you do it in a more
2:56 pm
serious election. >> organized crime in our school district. >> maybe that was our tony soprano moment. more questions? >> thank you. john nicholson at the british embassy. >> can't hear. >> you john nicholson at the british embassy. so the system we use is very different from what's been described by the panel. it is paper and pencil, hand counting. sort of the equivalent books are sort of printed off and scored off when you vote. clearly, that doesn't eliminate the possibility of voter fraud and there are historical examples. >> how many choices does a vote ver to make? >> in an a general election, it's one choice. i wonder if you were designing a system from scratch what you would design at this point given what you've been talking about. >> that opens up my question about the los angeles county vote system.
2:57 pm
>> there's a couple counties in the u.s. that have been so fed up with the united states is the only country that seems to think it can buy voting machines on a free market and that's going to work out. everyone else puts out specifications and a request for bids and you buy it as a an country. we're huge and our federal government can't tell our states what to do in elections. but two counties, l.a. county, california, los angeles county, california, and travis county, texas, have decided they're so fed up with what's available on the market they're going to build their own. travis it's mostly on paper, it's a design concept and software that works. in l.a. county, they've spent the past five years working with a storied design firm ido with about $15 million to produce a new voting machine and they have five prototypes now. this is essentially what we call a ballot marking device. it's a big pen.
2:58 pm
you walk up to it with a bank ballot, it sucks it in. you interact on a touch screen top cast your vote. it fills out your ballot for you. it doesn't keep information, how many votes or anything like that. but it will pull the data off it to do the count. you put that the ballot in a ballot box. those are later scanned en masse at a central facility. you have to keep the chain of custody very, very secure. then it's the most secure voting system i have seen that seems to be at the state of development that it's in right now. it uses a dual chip trusted computing architecture. each piece of software for each device is crypt tote graphically signed so the county is the only one who can put a given piece of software on the machine. so the reach around the back and stick a usb stick that wouldn't work unless you did complicated stuff. they had two goals, one was
2:59 pm
redesigning the interaction of the voter. there's a bunch of neat things they've done with accessibility. it is trying its best to replicate the security of like an optical scan system with a touch screen system. basically you can think of it as a very expensive like million dollar, very expensive pen that fills in your ballot for you. it's going to be open source. all the software, all the hardware you can take the ought cocad files to your metal bender and they'll stamp out a bunch. the idea is to have a system that anyone around the world could build off of. if you don't like the hardware, you can changing that, too. i'm hopeful that this sort of -- this effort to you know, have a more open way of designing things would go deliver, you know, one increased usability but also the kind of security that we expect and something like linux and other kinds of things which aren't by their nature open source systems we use elsewhere aren't innately secure but can be more secure if
3:00 pm
used in certain ways with certain kinds of tools used to analyze them. >> just one small correction. i believe travis county, texas, put out their rfp. >> cool. >> this week, last week? >> last week. >> joe would know. >> joe would know. >> do you have a question back here? >>. >> did that answer your question? i'm sorry. >> hi, david. >> i wish we -- just one very small comment. so los angeles, the average election has 100 things on the ballot to vote on be. >> 11 languages. >> that's why as much as i love the simple hand counted paper ballot concept and there are people in the united states who think we should do that, i don't think it's workable. >> for i a large county. >> for a large county unless we completely rethink how we elect our government. the voting machines are a side
3:01 pm
effect of these complex elections. >> can we borrow a parliament? >> where you've got a 25-page ballot. >> the david turetssk y. isn't a big part of the problem that we try to set this up in a way that is -- between 6:00 a.m. and 7:00 p.m. so that any problem causes the most chaos possible be? you were talking about electronic poll books, talking about what in cyber world we talk about as an incident response plan. there's so little time to react. and what happens at a polling place is if the electronic poll books start working and you're starting to check people in on those and then they stop working, even if you had paper poll books, you don't know who's already voted in the electronic poll books. so you're in an extremely chaotic situation.
3:02 pm
they're going to try to fix the electronic poll books first. what happens is they try to do that is the lines grow longer if it's near a peak part of the day. what happens when the lines grow longer is people don't move their cars and so fleas no parking and there's utter chaos on the roads. and by trying to jam all of these voters into such a short window, which means the problems are harder to prepare for, solve, and resolve quickly, isn't that the biggest risk to the credibility of our elections more so than the outcome being challenged through -- changed through hacking? >> i just want to point out that the trend now is towards a longer election cycle. we now -- it used to be in order to do absentee ballots, right, you had to be out of the country and you had to prove that you were going to be out of the country years ago, this is the
3:03 pm
only way you could vote outside of the actual election day and you could vote on a paper ballot. states have relaxed those rules now. i don't know what the percentage is about the number of voter who's now vote from home using a paper ballot. >> depends on the state. >> you have to be willing to give up the privacy of your vote because it's on a paper ballot, it comes in with your name on it. it's no longer a private vote. >> there are processes in place in the election offices so they check the envelope, make sure you're registered and there's an inner nfl. they put the unopened inner envelope in a ballot box and don't open that till later. there's very strong process security to ensure that your ballot is secret. however, doesn't always work if you're the only absentee voter in your precinct, someone was telling me about a story about that, we know how many absentee ballots we know who it was. >> a lot of jurisdictions have been moving towards vote centers. so having -- you can vote over
3:04 pm
this two-week period at five different facilities around the city or the county or whatever. for example, i think colorado and maybe washington, one of those two is doing something where they send everyone a ballot in the mail and you can return them. you can surrender it and vote in person somewhere else if you want to. those are -- i could go on forever about those because there's some things that are not so good about those kinds of models but that tends to alleviate this what we call the load or the scaling problem with having everything on one day. it's like a tuesday when everyone has to work even though you should be able to get time off for it. >> do we know how many voters are voting prior to an election these days as opposed to the ones voting on election day. >> it's considerable. some places permanent absentee in california is the like 60, 70% of all voters. >> it's going to did i have a
3:05 pm
lot by state. some states still require excuses. you can only do it if you have one of these eight different reasons. so you can't generalize from one state to another. >> okay. >> there is also the aspect, if i may of getting the immediate results. get going results immediately. the rush toward having results as soon as possible. that is also interesting. i had the opportunity a couple of weeks ago to meet with a high level litigation firm from a country that had elections recently and they used e voting to a large extent. and he stated that the results were well accepted but he also added they were immediate. just a few minutes after the closing of the polling stations. and then his comment was also they were all well accepted but because we hadn't a closed election. so if you have a closed election, that is the political risk.
3:06 pm
in the highly polarized political context when you have a close election, irrespective of the technology, eventually, there will be room for disputes and possibly also in some cases even violence for not accepting the results. and that is irrespective of when you get them. >> so i voted on yom kippur. don't tell my rabbi. and what if something exciting happens in tonight's debate and i say oh, i really wish i hadn't done that. this is the downside of having an extended polling time is it's hard for candidates to decide when to do their advertising, the logistics and the strategy of advertising and when to drop those bombshells and so on changes. so it's not just the mechanics of voting that changes. it changes everything about our
3:07 pm
elections. >> how many more questions do we have? >> we can go for a couple hours. >> there's people behind you, too. >> i completely missed that side over there. let's go with this question first. >> that's the left wing. >> thank you. i live in oregon which has had totally vote by mail for years. and basically, you get your ballot in advance. you can fill it out anytime you want. you can mail it in as long as it's going to arrive by election day or drop it in drop botches and it has a secret sit envelope so your vote is still secret. dr. hall seemed to indicate there are problems with that. i'm wondering. >> i use vote by mail. i can't do my job without -- i can't go to the polling place, just the nature of what i do. so i'm a big fan in terms of convenience. it is one of the deep dark secrets in terms of voting security that to put it another way, before about 1900, election day was a payday for most
3:08 pm
americans. 85% turnout. they could actually observe you putting a ballot in a ballot box and there were very distinctive colors. it was easy to figure out how it went. that's why we adopted the australian ballot which is a secret ballot where all the candidates look the same and no one has big letters. when we adopted that uniformly in the u.s., turnout went down to 20% because there was no longer this incentive push or pull, they had to have civic reasons to want to vote, not compensatory or monetary reasons for going to vote. so that's the thing that concerns me is you can have coercion, buy-in, you can say hey, i know a person who does the opposite which is really strange where they will sign their ballot and give their ballot to their lawyer with about 500 bucks and say vote who you think i should vote which is
3:09 pm
very strange and is totally illegal at least where this person lives, west virginia it wouldn't be illegal because the constitution in west virginia allows you to show anyone your ballot after you cast it before you marked which is the only state that allows you to do that. the reason i'm down on vote by mail is it reduces the secret sit element or privacy element. secrecy is i'd really like you not to tell anyone else how you voted. unfortunately, vote by mail is not going anywhere. it does have the level of enfranchisement in highly rural areas is unparalleled. it's better than internet voting because you have a permanent paper record that can be audited. >> two quick things. one is for beam disabilities, vote by mail makes it harder for them. they have to have someone else fill it out for them. unless they have a marking device on their computer it, just reduces someone who has motor impairments or visual disabilities. the other thing is, it increases
3:10 pm
the level of undervotes because there's no machine to check, did you correctly color in the circles or did you put a check mark or people do amazing things, they circle the name of the candidate they like -- >> a circle instead of filling out the circle? >> you can't read those. >> i had an election official tell me the other day had he someone who came in who said i don't need your instructions. i'm a p.h.d. and proceeded to circle the circles and it got kicked out by the voting machine and he was like -- i'm a p.h.d. but i can't follow instructions. >> they rarely can. >> modern day literacy. >> there was a question back here. then i come to you guys, sorry. >> you've all mentioned a couple different scenarios that have happened. >> hold it closer. >> is this better? you mentioned in ohio where there was a third party that had
3:11 pm
access to the networking. > that's very typical. >> third party company that was sort of managing the aggregation of the votes from the different counties and reporting them to the county website. >> got it. there was also some discussion of hacks of voter registration rolls. could you illustrate what the outcomes could result from the access or compromised networks or databases that would result from these activities? >> sure. so for example, in ohio, in 2004, we had a machine that, and this is when we were using mo dum, telephone modem based transmission of results from the polling place to the central facility. we had a machine that phoned into the central facility and basically reported twice as many votes as it is had actually recorded at a time where with
3:12 pm
they weren't using encryption on a connection, they were using something called a crc which is not appropriate for this kind of thing. we don't know what happened. it could have been a cosmic ray. but you could imagine with access to the network itself, you can fiddle with the bits in realtime because this isn't hard to change stuff that flies by. unfortunately, there are a lot of -- instead of saying unfortunately, there is something like anywhere from 8,000 to 10,000 election jurisdictions in the country. most of those don't have a full fte, full time staffer for their elections operations because that person has to do titling, clerking, all sorts of other stuff, too. so you better believe they're going write a contract ta says hey, you take care of as much of this as you can. that's why i think there's a great opportunity for some sort of like cloud provision for these kinds of folks, something that could at least, i don't
3:13 pm
know who should do that. i don't have all the answers. that's the kind of thing you can imagine trying to abstract a way that either way you don't need to trust the third party which is what i prefer, using end to end cryptography that will ensure i think we're a little far away from that, but having maybe someone else run infrastructure for folks so that they don't have to sort of, you know, pay someone out of their pocket to do it who may not do it very well. anyway, so that's a not very satisfying answer. >> was that sufficient? >> voter registrationing. > i mean it, it's very easy to imagine that. so voter registration data is the most useful data for reidentification attacks. you heard of it in health and other kinds of things where they remove certain kinds of identify fears to share that data widely. voter registration data because many people are in it, it has specific types of key data like the last four of your social, your date of birth, your home, your phone number. some southern states your exis city and things like that,
3:14 pm
there's already sort of a motive to get access to kind of data and have that kind of stuff. so illinois voter registration hack where 90,000 individual records were ex-filtrated from their staging system, that's a good example of something they will do. that's just pulling stuff off. in terms of influencing the vote, you can imagine an attack that would remove 5% of the voters from the registration rolls from bun particular party and given how close our elections are, check out wikipedia, duverger's law, d-u-v-e-r-g-e-r. the only law in political science basically says if you have a system that's first pasted the post where the majority wins, you regress to a two-party system with very, very close margins. because we have such close margins, removing 5% of the voters from one party or the other could be a perfect attack for influencing the vote. >> we're actually out of time. but i promised you guys that you
3:15 pm
would get your questions in. if you can ask them quickly and keep your answer brief. >> okay. so il try and be brief. i'm concerned mostly about the perception thing because we have this copy of the report that i know joe is here at the atlantic council two years ago on the stage with my boss. i work for a congressman. he was skyping in to make -- to talk about that. so i think that it's really great to see all those focus on election cyber security, but a lot of it is tied to the dnc hacking. i mean, there were voter registration databases that were getting dumped online and people found them for years before arizona and illinois. so how do -- i think the focus is good but i think that the biggest concern is the perception that people will have that the election is illegitimate. how do we build resiliency in
3:16 pm
the electorate to deal with that fact? one of the great threats to our voting system from where i sit is rain. that drives downturnout like nothing else. i mean, you can disenfranchise 5% of the population that would show up or of the voters that would have shown up but this was raining. we try to build resiliency to counter that. how can we build resiliency in the american pop lew las because we know that the a.p. has been hacked, the dnc has been hacked. even if we don't have the specific examples and it's hard to figure out, the idea dissemination methods or something like that is going to be hacked, we have past evidence that these things have been hacked so how can we build resiliency in the american populace to deal with that fact. >> evidence-based elections. so being able to demonstrate to folks that this is how it's
3:17 pm
supposed to operate. this is how it operated. don't worry. any mischief, it's extremely complicated how you do that. the extent we can base trust on evidence that the systems are resilient, that's as good as we can do. people can still worry and that's their problem. >> i would agree and also say for today, part of the answer is diversity or complexity depending what you want to look at it can be our friend and i think is our friend. it's just too damn hard because every state does things differently. every county does things differently. it's awfully hard to have a large scale impact as joe says. it's easy to fix the wastewater treatment bond, but it's really hard to change big things because there's just so many different things that get cross-checked against each other. our election officials do a fabulous job with not nearly
3:18 pm
enough resources. so we need to not blame them when things don't go the way we always hoped because they're doing a fabulous job given their limitations they have. >> i also agree. the technology is just a fragment of a mosaic that has to be consistent. and that is the system the people should build confidence in. >> quickly? >> i'll forego. >> no, i promised you. i promised you, sean. >> thanks so much. i appreciate it. dr. hall, you referred to elections as kind of a meadow with very few predators. i was curious. other than nation states, what some of the other malicious actors look like and if there's any intelligence that leads you to believe that tony soprano is trying to hack an election in suburban philadelphia. >> i don't have any evidence that there's any organized
3:19 pm
criminal that is actually trying to do this. i do think that we see nation state influences and the guccifer kind of stuff. i'm wary of an attributing that. there are folks who realize some of the data is and that there are people who are like as i forgot your name, i'm sorry, as he was stating, there have been security researchers have found you know, databases that campaigns have not decommissions of like all voters that include not only the list of their names but appended commercial data. even if you've had the addresses removed for all the federal judges in a voter registration list, if the campaign goes and adds the addresses back on, all of a sudden that federal judge's address is now publicly available and is a very
3:20 pm
sensitive piece of information. there is also sort of the, i don't know what to call them, the lulls folks, the folks who think, oh, man, there's fun to be had here and i think some of that you've seen, for example, people like yesterday poking out all the cross sites scripting vulnerabilities on donald trump's infrastructure which is apparently legion. those folks are sitting around hey, there's a website, i can play around with it. >> i think the second we put a candidate that's attractive to anonymous on a ballot that's going to be feasible with internet voting, they will be elected. >> i think it's worth mentioning it's hard to predict. the one election that i know of that was fixed was the u.s. rowing association. why would someone fix an election for the u.s. rowing association? i don't know but somebody did. i don't remember if it was an insider or outsider attack. i don't remember.
3:21 pm
it sometimes boggles the mind what people think is worth their effort. i'm not going to presume who is or isn't, whether it's lulsic or a nation state or a campaign that has gone off the rails and is willing to try whatever they, whatever they can in a neighborhood election. there was a case in one of the colleges in southern california where a student put key loggers on the machines in the student union building because they really wanted to be elected to the student council. it's like, come on. it's not that important to have that on your resume. >> how many federal crimes did you just commit. >> and the fbi caught him and walked him up for trying to hack the student council election. >> we need to wrap up. before we go, i do want to sort of throw this out there as a public service announcement about calling in on election day if you discover problems. there is a group run by a legal coalition. and i'll let joe talk about it.

71 Views

info Stream Only

Uploaded by TV Archive on