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No Room for Debate the National Constituent Assembly and the Crumbling of the Rule of Law in Venezuela
No Room for Debate The National Constituent Assembly and the Crumbling of the Rule of Law in Venezuela July 2019 Composed of 60 eminent judges and lawyers from all regions of the world, the International Commission of Jurists promotes and protects human rights through the Rule of Law, by using its unique legal expertise to develop and strengthen national and international justice systems. Established in 1952 and active on the five continents, the ICJ aims to ensure the progressive development and effective implementation of international human rights and international humanitarian law; secure the realization of civil, cultural, economic, political and social rights; safeguard the separation of powers; and guarantee the independence of the judiciary and legal profession. ® No Room for Debate - The National Constituent Assembly and the Crumbling of the Rule of Law in Venezuela © Copyright International Commission of Jurists Published in July 2019 The International Commission of Jurists (ICJ) permits free reproduction of extracts from any of its publications provided that due acknowledgment is given and a copy of the publication carrying the extract is sent to its headquarters at the following address: International Commission of Jurists P.O. Box 91 Rue des Bains 33 Geneva Switzerland No Room for Debate The National Constituent Assembly and the Crumbling of the Rule of Law in Venezuela This report was written by Santiago Martínez Neira, consultant to the International Commission of Jurists. Carlos Ayala, Sam Zarifi and Ian Seiderman provided legal and policy review. This report was written in Spanish and translated to English by Leslie Carmichael. 2 TABLE OF CONTENTS Executive Summary ............................................................................................... -
Black Box Voting Ballot Tampering in the 21St Century
This free internet version is available at www.BlackBoxVoting.org Black Box Voting — © 2004 Bev Harris Rights reserved to Talion Publishing/ Black Box Voting ISBN 1-890916-90-0. You can purchase copies of this book at www.Amazon.com. Black Box Voting Ballot Tampering in the 21st Century By Bev Harris Talion Publishing / Black Box Voting This free internet version is available at www.BlackBoxVoting.org Contents © 2004 by Bev Harris ISBN 1-890916-90-0 Jan. 2004 All rights reserved. No part of this book may be reproduced in any form whatsoever except as provided for by U.S. copyright law. For information on this book and the investigation into the voting machine industry, please go to: www.blackboxvoting.org Black Box Voting 330 SW 43rd St PMB K-547 • Renton, WA • 98055 Fax: 425-228-3965 • [email protected] • Tel. 425-228-7131 This free internet version is available at www.BlackBoxVoting.org Black Box Voting © 2004 Bev Harris • ISBN 1-890916-90-0 Dedication First of all, thank you Lord. I dedicate this work to my husband, Sonny, my rock and my mentor, who tolerated being ignored and bored and galled by this thing every day for a year, and without fail, stood fast with affection and support and encouragement. He must be nuts. And to my father, who fought and took a hit in Germany, who lived through Hitler and saw first-hand what can happen when a country gets suckered out of democracy. And to my sweet mother, whose an- cestors hosted a stop on the Underground Railroad, who gets that disapproving look on her face when people don’t do the right thing. -
Electronic Voting & Counting Technologies
ELECTION TECHNOLOGY SERIES Electronic Voting & Counting Technologies A Guide to Conducting Feasibility Studies Ben Goldsmith Senior Electoral Advisor Electronic Voting & Counting Technologies Ben Goldsmith Senior Electoral Advisor International Foundation for Electoral Systems Electronic Voting & Counting Technologies A Guide to Conducting Feasibility Studies Ben Goldsmith Senior Electoral Advisor May 2011 Any opinions, findings, conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the International Foundation for Electoral Systems. ACKNOWLEDGEMENTS Electronic Voting & Counting Technologies: A Guide to Conducting Feasibility Studies Ben Goldsmith © 2011 by IFES. All rights reserved. International Foundation for Electoral Systems (IFES) 1850 K Street, NW Fifth Floor Washington, D.C. 20006 U.S.A. Notice of rights All rights reserved. No part of this report can be reproduced or transmitted in any form by any means without the prior permission of the publisher. Printed in USA ISBN: 1-931459-64-9 Photo Credits Cover: Ripple Effect Productions Page 36: Ripple Effect Productions Garie Briones Page 51: Lean Pasion Page 1: John Lawrence Page 59: Everton Bahl Grabski Page 9: Francisco Samões Page 70: Júlio Henrique da Silva Lopes Page 17: Ripple Effect Productions Page 75: Oliver Scott-Tomlin Page 25: João Cesário ACKNOWLEDGEMENTS Thanks are due to a number of colleagues and friends who were kind enough to take the time to review and comment on the initial drafts of this guide. Special thanks are due to Susanne Caarls, Peter Erben, Juhani Grossmann, Ole Holtved, Manuel Kripp, Ronan McDermott, Vladimir Pran, Amna Qayyum and Mike Yard, all of whom provided invaluable suggestions for improvements and additional areas which needed to be covered by the guide. -
On the Notion of “Software Independence” in Voting Systems
On the notion of “software independence” in voting systems Ronald L. Rivest John P. Wack Computer Science and Artificial Intelligence Laboratory Massachusetts Institute of Technology Cambridge, MA 02139 [email protected] National Institute of Standards and Technology (NIST) Information Technology Laboratory Gaithersburg, MD 20899 [email protected] DRAFT Version July 28, 2006 Abstract. This paper defines and explores the notion of “software in- dependence” in voting systems: A voting system is software-independent if an undetected change or error in its software cannot cause an undetectable change or error in an election outcome. We propose that software independent voting systems should be pre- ferred, and software-dependent voting systems should be avoided. VVPAT and some cryptographically-based voting systems are software-independent. Variations and implications of this definition are explored. This white paper is also for discussion by the Technical Guidelines Devel- opment Committee (TGDC) in its development of the Voluntary Voting System Guidelines (VVSG) of 2007. 1 Introduction The main purpose of this paper is to introduce and carefully define the ter- minology of “software-independent” and “software-dependent” voting systems, and to discuss their properties. This paper is definitional in character; there are no “results” as such. The contribution is to help provide crisp terminology for discussing voting systems and some recommendations for its usage in the VVSG 2007, currently under development by NIST and the TGDC. This paper starts by describing the problem that software-independence ad- dresses: complex and difficult-to-test software in voting systems. It then defines what constitutes a software-independent approach to voting system design. -
CRACKDOWN on DISSENT Brutality, Torture, and Political Persecution in Venezuela
CRACKDOWN ON DISSENT Brutality, Torture, and Political Persecution in Venezuela HUMAN RIGHTS WATCH Crackdown on Dissent Brutality, Torture, and Political Persecution in Venezuela Copyright © 2017 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-35492 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit: http://www.hrw.org The Foro Penal (FP) or Penal Forum is a Venezuelan NGO that has worked defending human rights since 2002, offering free assistance to victims of state repression, including those arbitrarily detained, tortured, or murdered. The Penal Forum currently has a network of 200 volunteer lawyers and more than 4,000 volunteer activists, with regional representatives throughout Venezuela and also in other countries such as Argentina, Chile, Norway, Spain, Sweden, Uruguay, and the USA. Volunteers provide assistance and free legal counsel to victims, and organize campaigns for the release of political prisoners, to stop state repression, and increase the political and social cost for the Venezuelan government to use repression as a mechanism to stay in power. -
Can Dres Provide Long-Lasting Security? the Case of Return-Oriented Programming and the AVC Advantage Stephen Checkoway Ariel J
Can DREs Provide Long-Lasting Security? The Case of Return-Oriented Programming and the AVC Advantage Stephen Checkoway Ariel J. Feldman Brian Kantor UC San Diego Princeton UC San Diego J. Alex Halderman Edward W. Felten Hovav Shacham U Michigan Princeton UC San Diego Abstract A secure voting machine design must withstand new at- tacks devised throughout its multi-decade service life- time. In this paper, we give a case study of the long- term security of a voting machine, the Sequoia AVC Advantage, whose design dates back to the early 80s. The AVC Advantage was designed with promising secu- rity features: its software is stored entirely in read-only memory and the hardware refuses to execute instructions fetched from RAM. Nevertheless, we demonstrate that an attacker can induce the AVC Advantage to misbehave in arbitrary ways — including changing the outcome of an election — by means of a memory cartridge contain- ing a specially-formatted payload. Our attack makes es- The AVC Advantage voting machine we studied. sential use of a recently-invented exploitation technique (which does not include the daughterboard) in machines called return-oriented programming, adapted here to the decommissioned by Buncombe County, North Carolina, Z80 processor. In return-oriented programming, short and purchased by Andrew Appel through a government snippets of benign code already present in the system auction site [2]. are combined to yield malicious behavior. Our results The AVC Advantage appears, in some respects, to of- demonstrate the relevance of recent ideas from systems fer better security features than many of the other direct- security to voting machine research, and vice versa. -
Rudy Giuliani Lawyer Says Smartmatic Smears Were “Product Disparagement” Not Full-Out Defamation – Update
PRINT Rudy Giuliani Lawyer Says Smartmatic Smears Were “Product Disparagement” Not Full-Out Defamation – Update By Jill Goldsmith August 17, 2021 12:34pm Jill Goldsmith Co-Business Editor More Stories By Jill Rudy Giuliani Lawyer Says Smartmatic Smears Were “Product Disparagement” Not Full-Out Defamation – Update CNN’s Clarissa Ward On “Watching History Unfold” In Afghanistan ViacomCBS Sells Black Rock Building In Midtown Manhattan To Harbor Group For $760 Million VIEW ALL Rudy Giuliani AP Photo/John Minchillo Rudy Giuliani’s attorney rehashed conspiracy theories and was light on evidence when pressed by a judge Tuesday in a defamation suit brought by voting software firm Smartmatic. Joe Sibley of Camara & Sibley asked New York State Supreme Court Judge David Cohen to dismiss six of the claims against his client Giuliani because they constituted “product disparagement,” or calling the software lousy, not defamation. The latter is the charge brought by the company in a lawsuit against Fox, three of its hosts, Giuliani and Sidney Powell. Defendants have asked for the case to be dismissed and their counsel, one by one, had the chance at a long hearing today to say why, followed by rebuttals by Smartmatic’s team. Cohen asked Sibley about one of the Trump attorney’s claims — that, in Venezuela, Smartmatic “’switched votes around subtly, maybe ten percent per district, so you don’t notice it.’ Is there some support in that to show that they can’t even make out a claim for actual malice?” he asked. Here’s Sibley’s response and some of the exchange: Sibley: “I believe in the declaration there’s some discussion of how they did it, that they kind of skimmed votes here and there to flip the votes.” Cohen: “What about Mr. -
Proof of Publication
Case 20-33332-KLP Doc 911 Filed 02/11/21 Entered 02/11/21 10:37:51 Desc Main Document Page 1 of 2 PROOF OF PUBLICATION 21 ___________________________Feb-10, 20___ /͕ĚŐĂƌEŽďůĞƐĂůĂ͕ŝŶŵLJĐĂƉĂĐŝƚLJĂƐĂWƌŝŶĐŝƉĂůůĞƌŬŽĨƚŚĞWƵďůŝƐŚĞƌŽĨ Ă ĚĂŝůLJŶĞǁƐƉĂƉĞƌŽĨŐĞŶĞƌĂůĐŝƌĐƵůĂƚŝŽŶƉƌŝŶƚĞĚĂŶĚƉƵďůŝƐŚĞĚŝŶƚŚĞŝƚLJ͕ŽƵŶƚLJĂŶĚ^ƚĂƚĞŽĨEĞǁzŽƌŬ͕ ŚĞƌĞďLJĐĞƌƚŝĨLJƚŚĂƚƚŚĞĂĚǀĞƌƚŝƐĞŵĞŶƚĂŶŶĞdžĞĚŚĞƌĞƚŽǁĂƐƉƵďůŝƐŚĞĚŝŶƚŚĞĞĚŝƚŝŽŶƐŽĨ ŽŶƚŚĞĨŽůůŽǁŝŶŐĚĂƚĞŽƌĚĂƚĞƐ͕ƚŽǁŝƚŽŶ Feb 10, 2021, NYT & Natl, pg B3 ͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺ ^ǁŽƌŶƚŽŵĞƚŚŝƐϭϬƚŚĚĂLJŽĨ &ĞďƌƵĂƌLJ͕ϮϬϮϭ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ EŽƚĂƌLJWƵďůŝĐ Case 20-33332-KLP Doc 911 Filed 02/11/21 Entered 02/11/21 10:37:51 Desc Main C M Y K Nxxx,2021-02-10,B,003,Bs-BW,E1Document Page 2 of 2 THE NEW YORK TIMES BUSINESS WEDNESDAY, FEBRUARY 10, 2021 N B3 MEDIA Reddit Raises Fox Seeks to Dismiss Election Lawsuit Times Places $250 Million, By MICHAEL M. GRYNBAUM A Top Editor and JONAH E. BROMWICH Pushing Value Rupert Murdoch’s Fox Corpora- In the Office tion filed a motion on Monday to To $6 Billion dismiss the $2.7 billion defamation Of Its Publisher lawsuit brought against it last By MIKE ISAAC week by the election technology By MARC TRACY company Smartmatic, which has SAN FRANCISCO — Fresh off a win- The New York Times announced accused Mr. Murdoch’s cable net- ning Super Bowl ad and a role at on Tuesday that one of its highest- works and three Fox anchors of the center of a recent stock mar- ranking editors, Rebecca Blumen- spreading falsehoods that the stein, will take on a newly created ket frenzy, Reddit announced on company tried to rig the presiden- role, reporting directly to the pub- Monday that it had raised $250 tial race against Donald J. Trump. lisher, A. -
Cost of Counting the Vote
Cost of Counting the Vote The Price of Upgrading Voting Systems in 43 U.S. Counties By Aquene Freechild and Hamdi Soysal, Public Citizen’s Democracy Is For People Campaign May 31, 2018 - Amid serious concerns about whether our elections are secure from hackers and computer error, many state and local governments are looking to replace out-of-date paperless voting systems with paper ballot and electronic scanner systems. Pricing of voting equipment is often opaque, and in many cases, prices are negotiated on a local level. To bring some much-needed clarity to the issue, this report examines how much 43 county governments in 10 states paid for voting equipment. With this information in hand, local election officials and citizens can make the most of limited election equipment dollars. The states are: California, Florida, Iowa, Kentucky, Minnesota, Ohio, Oregon, Pennsylvania, Texas and Virginia. Our key finding: While most precinct ballot scanners cost around $5,000 to $6,000, some counties have been able to negotiate more favorable pricing. However, a few counties paid a much higher than average price for their equipment. Our key conclusion: It’s important that counties band together or engage state authorities where appropriate to negotiate prices and get the best contract terms for voting equipment. Leasing equipment is an option for county officials to address the security threats quickly without committing to buying new systems on a short time frame. Limited Federal Funding In the 2018 federal spending bill passed by Congress in March 2018, lawmakers made $380 million in election security funding available to states for replacing paperless voting systems, implementing post-election audits and securing election databases. -
The New Jersey Voting-Machine Lawsuit and the AVC Advantage DRE Voting Machine
The New Jersey Voting-machine Lawsuit and the AVC Advantage DRE Voting Machine Andrew W. Appel∗ Maia Ginsburg Harri Hursti Brian W. Kernighan Princeton University Princeton University Princeton University Christopher D. Richards Gang Tan Penny Venetis Princeton University Lehigh University Rutgers School of Law – Newark Abstract As a result of a public-interest lawsuit, by Court order we were able to study, for one month, the hardware and source code of the Sequoia AVC Advantage direct-recording electronic voting machine, which is used throughout New Jersey (and Louisiana), and the Court has permitted us to publicly describe almost everything that we were able to learn. In short, these machines are vulnerable to a wide variety of attacks on the voting process. It would not be in the slightest difficult for a moderately determined group or individual to mount a vote-stealing attack that would be successful and undetectable. 1 Litigation and legislation in New Jersey In October 2004 a group of public-interest plaintiffs, represented by Professor Penny Venetis of the Rutgers Law School, sued the State of New Jersey (in NJ Superior Court) over the State’s use of direct-recording electronic (DRE) voting machines in New Jersey. By 2004, most of New Jersey’s counties had adopted the Sequoia AVC Advantage full-face DRE. Currently 18 out of New Jersey’s 21 counties use this DRE. The plaintiffs argued that the use of DRE voting machines is illegal and unconstitutional: illegal, because they violate New Jersey election laws requiring that all votes be counted accurately and that voting machines be thoroughly tested, accurate, and reliable; and unconstitutional, because they violate the New Jersey constitution’s requirement that all votes count.1 The plaintiffs argued that one cannot trust a paperless DRE machine to count the vote. -
Supreme Court of the United States ______
No. 19-1399 IN THE Supreme Court of the United States ______________________________ SHELBY ADVOCATES FOR VALID ELECTIONS, ET AL., Petitioners, v. TRE HARGETT, ET AL. Respondents. ______________________________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit ______________________________ BRIEF OF AMICI CURIAE INDIVIDUAL ELECTION SECURITY EXPERTS IN SUPPORT OF CERTIORARI ______________________________ Courtney Hostetler John D. Graubert Ronald Fein Counsel of Record John Bonifaz Megan C. Keenan Ben Clements Ryan Miller FREE SPEECH FOR PEOPLE Jeremy Patashnik 1320 Centre St. #405 COVINGTON & BURLING LLP Newton, MA 02459 One CityCenter (617) 249-3015 850 Tenth Street, NW Washington, DC 20001 [email protected] (202) 662-6000 July 22, 2020 Counsel for Amici Curiae i TABLE OF CONTENTS Page TABLE OF AUTHORITIES ....................................... ii INTERESTS OF AMICI CURIAE .............................. 1 SUMMARY OF ARGUMENT ..................................... 2 ARGUMENT ............................................................... 4 I. ABSENT IMMEDIATE REVIEW, VOTING MACHINES IN SHELBY COUNTY WILL CONTINUE TO CAUSE FLAWED ELECTIONS. ...................................... 4 A. The Voting Machines At Issue Are Fundamentally Deficient. ............................5 B. The Voting Machines At Issue Cannot Be Reliably Audited. .................................. 12 C. As a Result of the Sixth Circuit’s Ruling, the Voting Machines At Issue Will Continue To Harm Voters. ................. 15 II. THE SIXTH CIRCUIT’S DECISION CONFLICTS WITH ELEVENTH CIRCUIT PRECEDENT PERMITTING PLAINTIFFS TO CHALLENGE SIMILAR HARMS TO THEIR VOTING RIGHTS. ........... 17 CONCLUSION .......................................................... 27 APPENDIX: List of Individual Election Security Experts ............ 1a ii TABLE OF AUTHORITIES Page(s) Cases Andrade v. NAACP of Austin, 345 S.W.3d 1 (Tex. 2011) ..................................... 20 City of Los Angeles v. Lyons, 461 U.S. 95 (1983) ............................................... -
Bill Analysis
The Florida Senate BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.) Prepared By: The Professional Staff of the Committee on Rules BILL: CS/SM 804 INTRODUCER: Judiciary Committee and Senator Torres and others SUBJECT: Humanitarian Assistance/Government of Venezuela DATE: April 22, 2019 REVISED: ANALYST STAFF DIRECTOR REFERENCE ACTION 1. Tulloch Cibula JU Fav/CS 2. Tulloch Phelps RC Pre-meeting Please see Section IX. for Additional Information: COMMITTEE SUBSTITUTE - Substantial Changes I. Summary: CS/SM 804 is a memorial recognizing the humanitarian aid crisis in Venezuela and the violations of its citizens’ rights at the hands of the now illegitimate Venezuelan “President,” Nicholás Maduro, and the other parts of the Venezuelan government under his regime. The memorial is addressed to the Congress of the United States, and makes three requests: (1)That Congress urge Maduro to allow delivery of humanitarian aid, in particular food and medicine; (2)That Congress not only maintain the current financial sanctions but intensify financial sanctions against Maduro and the Venezuelan government; and (3)That Congress instruct all federal agencies to hold Maduro and officials of the Venezuelan government responsible for violations and abuses of internationally recognized human rights. II. Present Situation: Formally, the government of Venezuela is “a multiparty, constitutional republic[.]”1 However, for over a decade, beginning with the election of Hugo Chávez in 19982 to his successor, Nicholás Maduro, political power in Venezuela has been “concentrated in a single party with an increasingly authoritarian executive exercising significant control over the legislative, judicial, 1 U.S.