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Clips September 5, 2003



Clips September 5, 2003

ARTICLES

Record Labels to Offer Amnesty to File Sharers, With Conditions
Sydney airport computers stolen
Universities Rush to Protect Networks
Evans: E-gov more than automation
Feds, industry mull offshore outsourcing
FBI: Power grid not a primary terror target
Faulty Medicaid fraud databases seen costing Florida millions
IT links to blackout under scrutiny
EU privacy concerns on airline passenger data could cause rift with U.S.
The case for computerized voting


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Los Angeles Times
Record Labels to Offer Amnesty to File Sharers, With Conditions
By Jon Healey
September 5, 2003

Worried that the major record labels are about to slap you or your teenager with a lawsuit?

The labels' trade association is ready to grant music downloaders amnesty  provided they put their names, and possibly their faces, into a database.

The Recording Industry Assn. of America plans to file its first wave of copyright infringement lawsuits as early as next week against hundreds of people who share songs online. At the same time, it's expected to unveil an amnesty program for file sharers not yet targeted by suits.

To be eligible, sources said, people would have to cleanse their computers of all the tunes they downloaded without permission and destroy any CDs they burned with those songs. They'd also have to submit a notarized form to the RIAA, possibly with some official identification, pledging not to run afoul of copyright laws again.

Analyst Michael McGuire of GartnerG2, a technology research firm, said an amnesty program might appeal to parents of downloaders. But he questioned how many people would turn themselves in before they'd actually been targeted, as required by the program.

"That would just send a signal to me as a user that you're trolling for IDs," McGuire said. "That's like saying, 'Come tell us if you have any intention of becoming a revolutionary.' "

On the other hand, the widespread publicity about the RIAA's plan to sue file sharers has prompted a number of people to try to make peace with the labels before the legal papers start flying. That was a driving force behind the decision to offer amnesty, sources said.

Under the program, which was first reported by Billboard Bulletin, applying for amnesty carries a risk: Those who renege on their pledges to honor copyrights would face much more severe penalties if they were targeted in a later round of lawsuits.

Given that, the RIAA might demand a copy of a photo ID from amnesty seekers to protect people against being placed in the database fraudulently without their knowledge, a music industry source said. But McGuire said, "I'd want to know how that information is going to be protected."
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Australian IT
Sydney airport computers stolen
SEPTEMBER 05, 2003 
 
AUSTRALIA'S top security agencies are to conduct emergency damage audits following the theft of computers from Sydney Airport's intelligence centre.

Customs officials have told a Sydney newspaper the stolen computers held thousands of confidential files, including top-secret communications between customs investigators, Australian Federal Police and ASIO.
The newspaper reports two men of Pakistani-Indian-Arabic appearance presented themselves as computer technicians and were given unfettered access to the airport's top security mainframe room on August 27.

"Inside, they spent two hours disconnecting two computers, which they put on trolleys and wheeled out of the room, past the security desk, into the lift and out of the building," the newspaper reported.

"The Australian Federal Police and ASIO, the two chief guardians against terrorism, fired off angry memos to customs officials, demanding to know the extent to which their top-secret operations have been compromised."

The theft is being investigated by the AFP.

The chairman of a parliamentary inquiry into the security of government information technology said it would reopen because of a breach at Australia's biggest airport.

Liberal MP Bob Charles also demanded to know why Customs didn't tell his committee about the theft of two Customs computer servers from Sydney airport.

An angry Mr Charles asked Customs official Gail Batman why she had failed to tell a separate inquiry into aviation security about the thefts when she appeared as a witness yesterday.

"How you could appear before us and not tell us about this security breach is just beyond my comprehension," Mr Charles said.

Ms Batman said she had not wanted to damage a federal police investigation into the incident by making it public.

"We certainly don't want to compromise that (investigation)," Ms Batman said.

"The people that stole these servers are certainly ones that we want to see caught and prosecuted."

Ms Batman said the stolen servers did not (not) contain sensitive information.

"They did not contain any personal, business-related or security information, and they are not servers that are used to communicate with law enforcement or security agencies," Ms Batman said.

Mr Charles said it was obvious computer security in the government needed to be investigated further.

"If someone can walk into a government secure environment and walk out with mainframes, then I don't know what guarantee we have of information technology security," Mr Charles said.

"I have just instructed our inquiry secretary to reopen the hearings and reopen the inquiry."

Ms Batman said security at Customs had been stepped up since the theft.
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CNET News.com
Lawmakers: Domain name oversight too lax
By Reuters
September 4, 2003, 3:01 PM PT


Spammers, scammers and child pornographers can hide easily on the Internet, because regulators allow them to register under false names with stolen credit cards, lawmakers and technology experts said Thursday.
One day after U.S. attorneys charged a Miami man with using misspelled domain names to direct Web surfers to pornography sites, lawmakers said the manner in which domain name sellers collect information about their customers is too lax.

A new law to require accurate customer data might be necessary because the U.S. Department of Commerce and other oversight bodies have not been doing their job, lawmakers on the U.S. House of Representatives intellectual-property subcommittee said.


"I'm disappointed with the failure of the marketplace and regulators to deal with this problem. A legislative solution seems necessary," California Democratic Rep. Howard Berman said.

The Commerce Department will seek to require greater accountability from the Internet Corporation for Assigned Names and Numbers, or ICANN, when it renews ICANN's authority to oversee the domain name system this fall, a Commerce Department official said.

Internet domain name sellers require customers to submit their names, addresses, telephone numbers and other contact information into what is known as a Whois database. But domain name sellers, or registrars, rarely check to ensure that this information is accurate, making it easier for child pornographers, identity thieves and other scam artists to operate online, witnesses said.

Often, it is in the registrar's interest to turn a blind eye to Whois entries to attract porn site operators, who register thousands of domain names at a time, Harvard University researcher Ben Edelman said.

"The Whois database is substantially fiction," Edelman said, noting that as much as 10 percent of the Internet's 30 million domain names may be registered under false names.

ICANN management is taking steps to tackle the problem, Commerce Department General Counsel Theodore Kassinger said.

"A lot of work needs to be done, but I think they're headed in the right direction," Kassinger said.

Subcommittee Chairman Lamar Smith did not seem convinced.

"There's not a real seriousness of intent either by ICANN or the Department of Commerce to have an accurate Whois database," the Texas Republican said.
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Washington Post
Universities Rush to Protect Networks
Area Schools Adopt Strict Policies Aimed at Getting Students to Upgrade Computer Security
By Brian Krebs
Thursday, September 4, 2003; 1:58 PM

George Mason University administrators, anxious to protect the school's computer network from a raft of viruses and worms plaguing the Internet, today unplugged thousands of students from the network.

At 1:35 p.m. today, network administrators at the Northern Virginia school cut Internet access for all 3,600 students living on campus.

The move should not have come as a surprise to GMU students. Last week, as freshmen reported for orientation, they were required to meet face-to-face with a network security expert to have their laptop or computer checked out. Upper classmen were greeted by school officials who handed out the latest anti-virus software. To get the school's message across, all students were asked to sign a document confirming that their computers were updated with all the needed security upgrades.

Not enough students confirmed that their machines were updated, prompting the GMU action today. Administrators said they would try later today to reconnect dorms, weeding out students with infected PCs. Students living off campus can continue to dial in to the campus computer network.

George Mason is just one of many universities in the region and across the country making computer security a top priority as the fall semester gets underway.

University of Maryland residents who tried to access the school's network for the first time over the past two weeks were corralled onto a Web site to help search for and mend the security hole exploited by Blaster, a computer worm that emerged last month and infected hundreds of thousands of computers worldwide. More than 6,000 students that had yet to apply the needed patches did so, but hundreds of other students ignored the advice and were promptly booted from the university network, said Gerry Sneeringer, an IT security officer at Maryland's Office of Information Technology.

"There were a certain percentage of students that wouldn't listen to us unless we hit them upside the head with a lockout," he said. "You simply can't deal with these problems until you've got your network under control."

At the University of Virginia, some 800 new and returning student residents were knocked offline by the schools' automated security "bots," programs that patrolled the network looking for infected PCs. Students were then handed CD-ROMs loaded with anti-virus toolkits and software patches and were only allowed to plug their computers into the school network after proving they installed needed fixes.

Spokespersons for Howard, American, Georgetown, George Washington and Catholic universities reported far fewer problems with their networks. While several of those schools were forced to disconnect some infected computers, in most cases students asked to prove their PCs were clean before being allowed to access campus networks.

As computers have transformed the way students and teachers interact at most universities, school administrators are focused on protecting their networks. Roughly 80 percent of higher education classes employ e-mail and the Internet for some form of student instruction, according to a 2002 study of more than 640 public and private universities nationwide conducted by the Campus Computing Project.

Instructors at most universities are under tremendous pressure from administrators and students to distribute course material over the Web and through e-mail, and allow students to add and drop classes online, said Steven Worona, director of policy and networking programs at EDUCAUSE, a nonprofit that provides computer training and support for 1,900 colleges, universities, and education organizations.

Because of this dependency on the network, a lot of universities have been forced to place much tougher computer security restrictions on students.

"Schools are rapidly moving far away from the complete openness that used to exist on their networks," Worona said. "What we're seeing is most schools have a desperate need for solutions that can be applied to hundreds or thousands of computers in a very short amount of time."

At George Mason, nearly 95 percent of resident students arrived with a computer this year. Like at many big schools, GMU professors are encouraged to use e-mail to update students on assignments and last-minute changes to the syllabus -- and even to administer pop-quizzes and tests. Last year, instructors were free to send e-mail to an address of the student's choosing, but this semester teachers are required to communicate with their students using the school's e-mail system, thus the school is taking extra steps to ensure that its computer network remains free from viruses.

Despite coordinated efforts to update students' computers, George Mason found that handing out free software to upper classmen didn't guarantee that students could successfully install it.

Kimberly Borchert, a 19-year-old sophomore, said her computer "freaked out" as soon as she plugged it into the school's network last week. The anti-virus software she received from GMU scanned her computer and determined it had been hit with the "Welchia" worm, a so-called "good" worm that destroys Blaster but still attacks other PCs and seizes the victim's computer power and Internet connection. As of Wednesday night, her computer was still infected and thus banned from the school network.

Freshman Andrew Canose was one of several GMU students who encountered problems after installing the university-provided anti-virus software. Canose found the new program conflicted with an older anti-virus program already on his computer. "My computer is like at war with itself and won't work," he said.

Schools outside of the Washington region also scrambled in recent weeks to protect their networks. Vanderbilt University in Nashville last week banned more than 1,300 students -- about one-quarter of all its residents -- from using the network until they cured their machines of Sobig and Blaster infections. The school converted administrative conference rooms into digital triage units so that campus IT experts could help incoming students disinfect and patch their computers, a university spokeswoman said.

At the University of North Texas in Denton, the school found that 4,000 of the school's 5,700 resident students reporting for the fall semester last month brought computers infected with some sort of virus. Students are being charged $30 if a university technician is called in to clean an infected machine, a school spokesman said. Students can go to off-campus experts for a fix but must certify that their computers are updated with the latest security fixes before being allowed to access the campus network.

Brown University mass-produced 8,000 CDs loaded with anti-virus software and security patches and distributed them when students picked up their dorm room keys. Still, the Providence, R.I., Ivy League school was forced to dispatch teams of security experts to residents' rooms to patch computers by hand after university officials detected more than a thousand virus-infected student PCs connecting to the university network.

"I think we really need to groom a new type of student who is responsible for their computer security," said Kathy Gillette, manager of George Mason University's beleaguered tech support center. "A lot of them lived at home and mom or dad took care of the computer so they've never learned how to fix them, but hopefully we'll be able to teach them that too."
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Federal Computer Week
Evans: E-gov more than automation
BY Judi Hasson and Sara Michael
Sep. 4, 2003

CAMBRIDGE, Md.  In her first public comments since being named to replace e-government chief Mark Forman, Karen Evans said Thursday that e-government is not just about office automation.

In fact, she said, e-government is about providing better services to the public and using technology to make life better for citizens. It is about evaluating how a dirty bomb might impact a community or the impact an electrical blackout has as it sweeps across the Northeast, said Evans, who replaces Forman as administrator of the Office of Management and Budget's Office of E-Government and Information Technology.

"IT is the enabler. ... It's the glue that will hold all that together," Evans told the annual Interagency Resources Management Conference in Cambridge, Md.

Evans said she is being challenged to continue the track record set by Forman, the federal government's first e-gov executive who developed 24 interagency initiatives and pushed the federal government to carry out a mandate for the electronic age.

Although her experience is strictly in government, unlike Forman who came from industry, she said she intends to develop partnerships with the private sector and "reach across the table to industry."

"I do not consider myself an IT czar," Evans said. "I'm not a tyrant. ... I'm not a ruler. I'm Karen Evans, mother of two, wife of Randy. I live in West Virginia. ... I do IT."

Evans' appointment was lauded by industry and government officials. Ira Hobbs, co-chairman of the CIO Council's Workforce and Human Capital for IT Committee, said Evans and Forman have worked closely together on the Bush administration's e-government initiatives.

"Karen and Mark were almost symbiotic in their relationship," Hobbs said. "It is almost like a natural extension."

Hobbs said it is good to have Evans step into that role because it means the initiatives can maintain their momentum.

"Mark set a strong foundation, a very fast pace," he said. "That's always difficult to come behind. It's like we didn't stop the train to let Mark off, and we've got a capable engineer to keep the train moving."

Evans, who has been a management analyst at the Agriculture Department and head of the IT shop at the Office of Justice Programs, was widely seen as the frontrunner for the job ever since Forman announced his resignation last month to take a job in the private sector.

Evans is vice chairwoman of the CIO Council and takes over the post during a money crunch. Although Forman repeatedly tried to get $45 million for an e-government fund, Congress only appropriated $5 million in fiscal 2003.

The Senate has slashed the fund to $1 million for fiscal 2004, and congressional negotiators are expected to try to increase the money for crossagency e-government initiatives later this month.

But Norm Lorentz, the OMB's chief technology officer, who has been the acting e-government chief, said OMB will have to do a better job communicating with Congress exactly how much money is needed to develop the e-government initiatives.

For fiscal 2004, agencies will be asked to contribute, but he said the administration would have to work harder to get more money in fiscal 2005.

"We're not going to rest on our laurels," he said. "We're going to have to use the tools at our disposal."
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Federal Computer Week
Feds, industry mull offshore outsourcing
BY Michael Hardy
Sept. 4, 2003 

As American workers face mounting job losses and rising unemployment rates, government and industry officials are struggling with the sensitive issue of offshore outsourcing.

The issue is particularly difficult to address because no one even knows how many American companies have moved tech jobs to foreign countries where labor costs are lower, said Harris Miller, president of the Information Technology Association of America.

"I've heard estimates ranging from 10,000 to 150,000," he said after a panel discussion that ITAA hosted today in Washington, D.C.

The numbers are so widely different that "it's not even a wild guess," Miller said. "The problem is that companies aren't talking." ITAA may commission its own study to try to quantify the extent to which American companies use foreign labor, he said.

The American IT industry has weathered a succession of blows, said Bruce Mehlman, assistant secretary for technology policy at the Commerce Department. The flurry of spending that IT companies had been getting to fix Year 2000 problems withered as the year came and went. The economy began to slump; terrorists attacked the country; the Enron and WorldCom scandals shook the faith of investor; and the United States launched wars in Afghanistan and Iraq, causing more economic caution at home.

As a result, technology companies have had to consider cost-cutting measures more than ever, including foreign labor, Mehlman said. "It's a very real trend driving offshore outsourcing," he said. "There is a lot yet to be understood."

The state of Virginia is still trying to figure out what part of the $900 million it spends on IT should be outsourced, two years into Democratic Gov. Mark Warner's first term, said George Newstrom, Virginia's secretary of technology. Trying to make such decisions carefully is not easy, he said.

"Until we get our arms around it, I don't know what to outsource," he said.

Virginia is trying to discourage companies from leaving the state, especially if the jobs go out of state or to other countries, he said. The government itself should not even think about it, Newstrom added.

"I think the political climate is very adverse for government to say 'We want to outsource work offshore,'" he said. "I don't think there's a politician who could survive to the end of that sentence. We don't even want to outsource to Maryland."
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Government Computer News
FBI: Power grid not a primary terror target
By William Jackson
September 5, 2003

The FBI is concerned about cyberterror, but bombs remain a bigger danger than bytes, the agency?s counterterrorism chief told a joint House Homeland Security subcommittee hearing on last month?s Northeast blackout.

?We haven?t seen any evidence that al-Qaida possesses any sophisticated computer capability,? Larry A. Mefford said yesterday. Overall, investigators have found only ?very, very basic computer functionality from terrorists around the world.?

Government officials told the subcommittees on Cybersecurity, Science and R&D and on Infrastructure and Border Security that the power grid does not appear to be a primary target for terrorists.

Mefford said that when the blackout began Aug. 14, his office convened a conference call with special agents in charge of eight field offices affected by the outage. Local Joint Terrorism Task Forces, which include federal, state and local law enforcement agencies, took part and worked with industry officials.

?To date, we have not discovered any evidence that the outages were the result of activity by international or domestic terrorists or other criminal activity,? Mefford said. ?The FBI Cyber Division working with the Homeland Security Department has found no indication to date that the blackout was the result of a malicious computer-related intrusion or any sort of computer worm or virus attack.?

He also dismissed a subsequent claim of responsibility for the blackout by an alleged terrorist organization, Abu Hafs al-Masri Brigade, as ?wishful thinking. We have no information confirming the actual existence of this group.?

Although the possibility of attacks on power stations and transmission grids is not being ignored, none has materialized so far, said Cofer Black, the State Department?s counterterrorism coordinator.

?We do know from intelligence collecting activities? that the goal of terrorists continues to be ?large-scale attacks that do a lot of damage,? Black said. ?Most of the effort so far has been to kill lots of people.?

Mefford said the FBI has seen no evidence that a cyberterrorism attack has ever occurred.

?Our No. 1 threat today remains al-Qaida,? Mefford said. Although its targets are across the board, ?we haven?t seen any specific or credible threats to date? against the power grid and no specific threats to nuclear power plants.
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Government Computer News
Faulty Medicaid fraud databases seen costing Florida millions
By Wilson P. Dizard III

Faulty databases at the Florida Legal Affairs Department?s Medicaid Fraud Unit have denied the state millions of dollars from fraud loss recovery, state auditors reported.

The fraud unit investigates and prosecutes corruption in Florida?s Medicaid program. The unit looked at 664 cases between July 2001 and January 2003, about a quarter of which led to convictions or settlements totaling $24.7 million, according to a report from the office of auditor general William O. Monroe.

The auditors found that ?department data systems were not complete and accurate, inhibiting computation and reporting of overpayments and costs associated with investigation and prosecution,? their report said.

The fraud unit uses three separate databases to track cases, employee time and case expenses associated with Medicaid abuse. An audit of 60 cases found that 28 of them, or 47 percent, were not properly recorded by the case-tracking database. Additional database errors led to a $2.4 million understatement of restitution due to the state.

In addition, the auditors found that the time tracking database had recorded only one-third of the time spent by investigators and attorneys on fraud cases. The auditors said fraud unit officials ?acknowledged the inadequacies with the current systems and indicated that the department?is in the process of redesigning the systems used to track time and other costs associated with case investigations.?

The auditors called for additional review and reconciliation of the databases plus better procedures for using them.
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Computerworld
IT links to blackout under scrutiny
Investigators search system logs for evidence of sabotage

Story by Dan Verton

SEPTEMBER 05, 2003 ( COMPUTERWORLD ) - WASHINGTON -- Federal and private-sector officials this week said they still can't rule out cybersabotage or IT-based failures as the cause of the Aug. 14 blackout.

Although no clear evidence has been found to suggest that the blackout was the result of anything other than an internal technical failure, the FBI's Joint Terrorism Task Forces have been working with the U.S. Department of Homeland Security and the private sector since the blackout to search system logs of critical utility control computers for evidence of insider abuse or outside intrusions.

"All eight FBI field offices that were affected and all of the Joint Terrorism Task Forces were convened immediately on Aug. 14 to investigate the potential for terrorist involvement in the blackout," said Larry Mefford, executive assistant director for counterterrorism at the FBI, speaking yesterday at a hearing of the House Select Committee on Homeland Security.

"Our JTTFs are looking at the issue from various perspectives. One is the external threat to see if we have signs of actual sabotage. We have not yet found any evidence of that," said Mefford.

"In addition, we're very concerned about the insider threat -- somebody who would have access to critical systems from a physical standpoint, a sabotage standpoint and a computer-intrusion standpoint," Mefford said. "We have not yet seen evidence of that, but this is [a] preliminary assessment. We are reviewing the computer logs for evidence of that type of activity."

Congress has also turned up the heat on both the government and the private sector to deliver answers on whether a cybersecurity failure in one or more systems could have contributed to the blackout, especially since the power failure occurred at the height of the Blaster worm outbreak.

Government and industry experts speaking unofficially with Computerworld have linked Blaster to the severity of the blackout, since on the day of the blackout Blaster affected the communications networks used to manage the power grid (see story). But the degree to which the hampered flow of data over those networks might have contributed to the blackout is still unclear.

According to a transcript released by the House Energy and Commerce Committee that detailed telephone calls made between FirstEnergy Corp. and the Midwest regional power grid operator only hours before the blackout was triggered, a control room operator at FirstEnergy complained that the Akron, Ohio-based company had "no clue" what was happening because of unspecified computer problems.

"Our computer is giving us fits too," the operator said. "We don't even know the status of some of the stuff around us."

Responding to accusations that his company may have triggered the cascading failure, H. Peter Burg, chairman and CEO of FirstEnergy, said yesterday at a hearing of the House Energy and Commerce Committee that events on FirstEnergy's system "in and of themselves could not account for the widespread nature of the outage."

However, Burg acknowledged that FirstEnergy did experience problems with its Energy Management System on Aug. 14. The system includes file servers, process-control servers and workstations that capture data from supervisory control and data acquisition systems, which are used to manage large industrial operations.

"We are still evaluating the functionality of that system that was available to our dispatchers during this time frame," Burg said.

Computerworld requested an interview with FirstEnergy CIO Ali Jamshidi to explain what types of problems the company's computer systems were experiencing on the day of the blackout. However, a company spokesperson said FirstEnergy wouldn't be making any IT personnel available for interviews until the investigation into what those problems were is completed.

Joseph L. Welch, chairman of International Transmission Co. in Michigan, told Congress that the systems that failed were those underlying communication.

"There are three electronic systems through which control-area operators and security coordinators communicate system status, convey warnings, etc.," said Welch. "I asked my staff and operators to determine what information was conveyed via that route. They informed me that there were no records or reports of the line outages which were so critical to this event.

"Without such information, there is no way for control-area operators or security coordinators to take actions necessary to mitigate problems, especially those events in other systems which could affect our system," Welch said.

Meanwhile, Michehl Gent, president of the North American Electric Reliability Council in Princeton, N.J., who also spoke at the Energy and Commerce hearing, said initial analysis of data taken from the system logs of the various utilities involved in the blackout shows that the IT infrastructure at various points throughout the regional grid wasn't recording critical events properly.

"Each event, which might be a relay or circuit-breaker operation or an electrical fault, is time-stamped as it occurs," said Gent. "We discovered that many of these time stamps were not accurate because the computers that recorded the information became backlogged or the clocks from which the time stamps were derived had not been calibrated to the national time standard."

In a related development, Rep. Edward J. Markey (D-Mass.), a senior member of both the House Energy and Commerce Committee and the Homeland Security Committee, sent a letter on Aug. 22 to the U.S. Nuclear Regulatory Commission requesting detailed information on the effect the January outbreak of the Slammer worm had on the systems that control FirstEnergy's Davis-Besse nuclear power plant in Oak Harbor, Ohio.

"It may be too soon to know whether the Blaster worm was involved in [the Aug. 14] blackout," wrote Markey. "However, it is clear that cybersecurity was deeply flawed at the Davis-Besse nuclear reactor just a few months before the blackout occurred."
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Computerworld
EU privacy concerns on airline passenger data could cause rift with U.S.
An EU commissioner warned that U.S. antiterror efforts could breach European privacy laws
Story by Jaikumar Vijayan

SEPTEMBER 05, 2003 ( COMPUTERWORLD ) - The European Commission this week warned that a trans-Atlantic row may soon result if U.S. demands for airlines to reveal passenger information as an antiterror measure aren't backed by adequate privacy safeguards.

In a letter to Secretary of Homeland Security Tom Ridge, the European Union commissioner in charge of customs issues, Frits Bolkestein, said that only a "tightly worded undertaking" about the manner in which passenger information is handled and shared is acceptable.

"Data protection authorities here take the view that [passenger] data is flowing to the U.S. in breach of our Data Protection Directive," Bolkestein said in his letter. "It is thus urgent to establish a framework which is more legally secure."

The letter was originally sent to Ridge in June but was released to journalists this week after a meeting on the topic by European Commission representatives, who said they hadn't won any significant concessions from the U.S. so far.

Discussions on the issue have been ongoing since December 2001, soon after the U.S. began requiring all airlines flying into the country to disclose the Passenger Name Record (PNR) of all passengers. PNR information typically includes names, travel routes, credit card numbers, special meals and other details, which U.S. authorities said they would need to identify potential terrorists entering the country.

The European Commission has been insisting on adequate privacy safeguards relating to the manner in which the data can be accessed and used by U.S. authorities. The privacy issues being raised are similar to the ones that U.S. businesses need to comply with when doing business in Europe.

The concerns relate to issues such as the purpose for which the data is used, stronger protection, filtering out of certain types of data and the need for a redress mechanism in cases where mistakes are made.

Nevertheless, under an interim agreement between the two sides, U.S. customs and immigration authorities have been accessing such information from European airlines since March.

"On a number of important points the U.S. undertakings fall short of what we need and it is urgent that these issues now be looked at from a political perspective," Bolkestein's letter said. Otherwise, there could be a "highly charged Trans-Atlantic confrontation" over the issue, he said.
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MSNBC
The case for computerized voting
Hacking fears overblown
OPINION
By Simson Garfinkel
TECHNOLOGY REVIEW
 
Sept. 4   Over the last two decades, geeks have rarely passed on an opportunity to replace a perfectly good mechanical device with a computerized system. Got one of those old-fashioned cash registers? Replace it with a PC and a touch screen. Got a hotel with perfectly good door locks and metal keys? Rip them out and replace them with computerized locks and swipe-cards. Wherever you look, pinball is out, video games are in. But there is a rising chorus of geeks  a chorus led by some very high-profile computer science professors and researchers  who say that one machine should never be computerized: the voting machine.
       THESE COMPUTER PROFESSIONALS say that accurately counted free elections are the bedrock of democracy. Voting, they claim, is too important to be done on a computer. The irony is delicious  it?s sort of like group of doctors arguing for the return of leeches because the President of the United States is too important to be treated by modern medicine.
       Specifically, the computer scientists are opposed to that new generation of voting machines that resemble automatic teller machines. These systems are called ?direct recording electronic? (or DRE) voting machines because people vote on the touch screen and the votes are recorded directly on the computer?s hard drive, without any paper being harmed in the process.
       There are a lot of reasons to like these DRE machines. Because the voting is done on a large touch screen, they can use big fonts that are easier for the elderly to read. The machine can be programmed to reject attempted votes that are patently wrong, like voting both ?yes? and ?no? on a referendum question. The machines can be equipped with speech synthesizers, allowing people who are blind or illiterate to vote on a truly secret ballot for the first time in their lives. They can even confirm the voter?s choices on a second screen  which means that there would be no more elderly Jewish voters in Palm Beach accidentally casting their ballots for Pat Buchanan.
      
TAMPERING FEARS
       Nevertheless, most computer professionals are opposed to the DRE machines. One reason is that there is fundamentally no way to audit them: If 600 people vote at a DRE on Election Day and the machine says that 310 voted for the Democratic candidate, who is to say that the number 310 is true? Perhaps only 280 voted Democratic, but the machine was programmed to randomly flip 5 percent of the Republican votes to Democrat before recording them on the computer?s hard drive. To make this sort of programmatic tampering harder to detect, perhaps the program was devised so that the flipping would only happen on the first Tuesday in November. On other days  presumably the days when election officials tested the voting machine  no vote flipping would take place. To make it even harder to detect, perhaps the flipping occurs only when the machine discerns that the vote is close; this would avoid the embarrassment of having polls predict one outcome, and having the machines tally another.
       This sort of election-stealing logic would be easy to code into the voting machine?s operating system. The logic could be written by a lone programmer  perhaps an activist hacker with a grudge  without the knowledge of the voting machine company. The logic could be so well hidden that not even a careful review of the machine?s source code would find it. This isn?t as far-fetched as it might sound: Unauthorized features called ?Easter eggs? are routinely hidden in commercial software, even software shipped by Microsoft.
       I keep writing ?most computer professionals? because I recently met one who isn?t opposed to DREs: In fact, he?s positively enthusiastic about them. And this man isn?t just anybody; he?s Ted Selker, an award-winning inventor with many patents, formerly with IBM Research, currently a professor at the MIT Media Lab, and member of several panels and commissions that looked at the issue of voting following the debacle of the 2000 presidential election.
      
PITFALLS OF PAPER
       I met Selker a few days after he had attended a meeting of computer scientists and election officials in Colorado. He was livid. He had just spent two days listening to the experts of the field talk about all of the failings with DREs and how these systems could be used to steal an election.
       ?What these people don?t realize,? he told me, ?is that automated tabulating machines were invented for a reason?  that is, because paper is a fundamentally bad way of making and keeping accurate records. Paper is bulky and heavy. It can be hard to read something recorded on paper, no matter whether the marks were made by hand with pen-and-ink or by a computerized printer. Paper rips and gets jammed in machines. Paper dust gets everywhere. Eliminating paper, Selker explained to me, has the potential for dramatically improving elections.
       ?But what about all of the ways that you can hack the voting machines?? I asked him.
       Selker laughed. Politicians, he told me, have been hacking elections in America for more than 200 years. The geeks are focusing on the abilities of hackers to steal elections by reprogramming DREs because electronic attacks are what these folks understand. But if your goal is truly better elections, he says, the DREs can do more good than harm.
       One of the most effective ways to affect an election?s outcome is to take your opponent?s supporters off the election roles. That?s what happened in Florida three years ago: thousands of Democrats, many of them minorities, showed up at voting places and discovered that they were no longer registered. Why? Because it?s illegal for convicted felons to vote unless that right is specifically restored. Florida had recently purged the voting roles against a computerized database of convicted felons; tens of thousands of people were removed, some apparently in error. Other techniques for stealing an election, Selker told me, are stationing tow trucks outside the polls to intimidate voters; setting up police roadblocks (as was done in Florida in 2000); intentionally designing confusing ballots; putting people on the ballot with the same name as your opponent; and getting votes the old fashioned way  by buying them. ?And don?t get me started on absentee ballots,? he said.
      
OVERHAUL IN THE WORKS
       Selker has been studying the electoral process for years, and he has come to a disturbing conclusion: The more he looks, the more problems he finds. A few years ago, for instance, he stationed himself at a Chicago polling place on election day. He discovered that the election workers had not been adequately informed as to how ballots should be properly marked for an important question; the ballots that were filled out incorrectly had to be disqualified. Those were paper ballots, Selker was quick to point out. Hacking aside, election officials are supposed to be able to audit the programming of a voting machine. What they can?t do is make sure that every election-day volunteer is giving out correct instructions for filling in a paper ballot.
      What about the value of a paper trail? I asked Selker. Just having a vote on paper is no guarantee that it will be correctly counted, he explained. He cited an example (again from Chicago) of an election commissioner who bragged about counting votes for a Republican candidate and then writing them down as votes for the Democrat.
       All of this suddenly matters a great deal. Over the next year, counties all over the United States will be throwing out their old mechanical voting machines and buying new voting systems. The money for this project  roughly $3.9 billion  is coming from the U.S. Congress through the Help America Vote Act. The two big contenders are the DRE machines and a paper-based system that counts votes with optical scanners.
       Ironically, many of the proposals that have been made to ?improve? the security of DRE systems actually make it easier for politicians to sabotage an election via other means. For example, any technique that gives a voter a printed receipt is susceptible to a vote-selling scam: Just turn in the receipt, and collect your $20. Even receipts that would be visually inspected by the voter and dropped into a sealed box  a proposal made by Stanford professor David Dill  are vulnerable to a vote-selling technique known as ?chain voting.?
       Before talking with Selker, I was squarely in the anti-DRE camp. After listening to him, I realize that there is another side to the story that is being systematically underreported by the technology press. Did he convince me? Well, let?s say that I?m no longer convinced of the inherent correctness of the anti-DRE position.
      
BRAZIL?S EXAMPLE
       So you can imagine how surprised I was by the next thing that Selker told me. ?Of course,? he said, ?this country is going about election machines entirely the wrong way.?
       The current DRE machines, says Selker, are monstrosities. They cost ten times more than they should. Their designs are secret and their code is proprietary. And even worse, what precious few facts that have been revealed in public are deeply troubling.
       A few months ago, the source code for a voting machine manufactured by Diebold was inadvertently left on a Web site. A group of researchers at Johns Hopkins downloaded the code and analyzed it. They found many software errors and poor design methodology. One of the most glaring problems had to do with encryption: although the computer used the DES algorithm to encrypt the votes, the encryption key was hard-coded into the program and unchangeable. A key that can?t be changed offers little more security than using no encryption at all.
      Instead of having US taxpayers spend more money on proprietary voting machines of questionable quality, Selker says that we should follow in the footsteps of Brazil, which deployed DREs in the 1990s and is currently working on the second generation of these machines.
       Brazil?s machines were designed in a transparent, public process by two of the country?s leading research institutions. The national government then accepted bids from different companies who competed to build machines according to the open design. Everything was above-board  extremely important for a nation that has a history of election fraud.
       These voting machines are simple, compact, functional, and have done a great job to bringing fair elections to the entire country. For example, each system operates on either wall current or on a set of self-contained batteries, allowing it to accept votes more than 12 hours deep in the Amazon jungle without having to be plugged in. The touch screens display not only the candidates? names but also their photographs  an important detail in a country where so many voters are illiterate. What?s more, instead of costing thousands of dollars, each machine costs just hundreds.
       The Brazilian machines are not perfect: they?ve been criticized because, like other DREs, they fundamentally cannot be audited after the fact. But security is a series of tradeoffs: the first electronic election in Brazil gave voters a printed receipt that the voters had to drop into a box after verifying it; this receipt was reportedly used for chain voting scams and the practice was discontinued in the next election.
       Selker is convinced that DREs are the way of the future; many notable computer scientists continue to believe otherwise. ?Election technology has not advanced to the point where it can provide us with electronic systems that are reliable enough to trust with our democracy,? writes Stanford?s Dill on his Web site, VerifiedVoting.org.
       My feeling is that elections are in a mess throughout this country: voting machines are a problem, but so are the voter registration system, election-day intimidation, and the whole districting process. The problem with optical scan (the main technological competitor to DRE) is that unless the ballots are actually scanned when they are turned in by the voters, there is no way to prevent people from throwing away their votes by making minor clerical errors on the ballots.
       Selker?s argument is simple: paper is bad, and whatever problems are inherent in today?s DREs can be overcome by an open design and review process. Nobody else seems to be making this case. The U.S. DRE vendors want to sell high-priced proprietary voting machines. Meanwhile the academics want to stick with paper and all its problems.
      
       Technology Review columnist Simson Garfinkel is the author of 12 books on computing, including Database Nation.
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