MARCH 16, 2011
The U.S. Department of Labor (DOL) recently asked for public comment on a fascinating issue: what kind of guidelines should they give unions that want to use “electronic voting” to elect their officers? (Curiously, they defined electronic voting broadly to include computerized (DRE) voting systems, vote-by-phone systems and internet voting systems.)
As a technology policy researcher with the NSF ACCURATE e-voting center, I figured we should have good advice for DOL.
(If you need a quick primer on security issues in e-voting, GMU’s Jerry Brito has just posted an episode of his Surprisingly Free podcast where he and I work through a number of basic issues in e-voting and security. I’d suggest you check out Jerry’s podcast regularly as he gets great guests (like a podcast with CITP’s own Tim Lee) and really digs deep into the issues while keeping it at an understandable level.)
The DOL issued a Request for Information (PDF) that asked a series of questions, beginning with the very basic, “Should we issue e-voting guidelines at all?” The questions go on to ask about the necessity of voter-verified paper audit trails (VVPATs), observability, meaningful recounts, ballot secrecy, preventing flawed and/or malicious software, logging, insider threats, voter intimidation, phishing, spoofing, denial-of-service and recovering from malfunctions.
Whew. The DOL clearly wanted a “brain dump” from computer security and the voting technology communities!
It turns out that labor elections and government elections aren’t as different as I originally thought. The controlling statute for union elections (the LMRDA) and caselaw* that has developed over the years require strict ballot secrecy–such that any technology that could link a voter and their ballot is not allowed–both during voting and in any post-election process. The one major difference is that there isn’t a body of election law and regulation on top of which unions and the DOL can run their elections; for example, election laws frequently disallow campaigning or photography within a certain distance of an official polling place while that would be hard to prohibit in union elections.
After a considerable amount of wrangling and writing, ACCURATE submitted a comment, find it here in PDF. The essential points we make are pretty straightforward: 1) don’t allow internet voting from unsupervised, uncontrolled computing devices for any election that requires high integrity; and, 2) only elections that use voter-verified paper records (VVPRs) subject to an audit process that uses those records to audit the reported election outcome can avoid the various types of threats that DOL is concerned with. The idea is simple: VVPRs are independent of the software and hardware of the voting system, so it doesn’t matter how bad those aspects are as long as there is a robust parallel process that can check the result. Of course, VVPRs are no panacea: they must be carefully stored, secured and transported and ACCURATE’s HCI researchers have shown that it’s very hard to get voters to consistently check them for accuracy. However, those problems are much more tractable than, say, removing all the malware and spyware from hundreds of thousands of voter PCs and mobile devices.
I must say I was a bit surprised to see the other sets of comments submitted, mostly by voting system vendors and union organizations, but also the Electronic Privacy Information Center (EPIC). ACCURATE and EPIC seem to be lone voices in this process “porting” what we’ve learned about the difficulties of running secure civic elections to the labor sphere. Many of the unions talked about how they must have forms of electronic, phone and internet voting as their constituencies are spread far and wide, can’t make it to polling places and are concerned with environmental impacts of paper and more traditional voting methods. Of course, we would counter that accommodations can be made for most of these concerns and still not fundamentally undermine the integrity of union elections.
Both unions and vendors used an unfortunate rhetorical tactic when talking about security properties of these systems: “We’ve run x hundreds of elections using this kind of technology and have never had a problem/no one has ever complained about fraud.” Unfortunately, that’s not how security works. Akin to adversarial processes like financial audits, security isn’t something that you can base predictions of future performance on past results. That is, the SEC doesn’t say to companies that their past 10 years of financials have been in order, so take a few years off. No, security requires careful design, affirmative effort and active auditing to assure that a system doe not violate the properties it claims.
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The union brass in our local are afraid of online voting, because they will lose.
Imagine members scattered all over the place in their domiciles voting, thus the union brass lackeys would not be able to go around and peddle their wares.
The other side of the coin is the union brass lackeys are the ones running the election, supervising the polling stations (one polling place - opposite of the public elections the poll workers are retirees and ladies from the bingo halls) easier to control - that is a clear form of disenfranchising the members.
Online voting is the only fair way to go.
The PBA had 77% of their members vote on their contract. TWU had 35%. PBA had online voting. TWU did not. I know it's hard to believe but I AGREE WITH YOU 100%.
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