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IN the UNITED STATES DISTRICT COURT for the NORTHERN DISTRICT of GEORGIA ATLANTA DIVISION DONNA CURLING, Et Al. Plaintiff

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IN the UNITED STATES DISTRICT COURT for the NORTHERN DISTRICT of GEORGIA ATLANTA DIVISION DONNA CURLING, Et Al. Plaintiff Case 1:17-cv-02989-AT Document 285-1 Filed 09/09/18 Page 1 of 188 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) DONNA CURLING, et al. ) ) Plaintiff, ) ) CIVIL ACTION FILE NO.: 1:17-cv-2989-AT vs. ) ) ) BRIAN P. KEMP, et al. ) ) ) Defendant. ) DECLARATION OF RICHARD A. DeMILLO RICHARD A. DeMILLO hereby declares as follows: 1. This statement supplements my declaration of August 20, 2018 addressing the Defendants’ incorrect and misleading assertion that the phrase “undetectable manipulation” has been manufactured to suit the present lawsuit by the Plaintiffs “for the convenient reason that it dodges any test for corroboration.” 2. In that declaration I noted that undetectable manipulation is the aim of Advanced Persistent Threats (“APT”) and pointed out that the publicly Case 1:17-cv-02989-AT Document 285-1 Filed 09/09/18 Page 2 of 188 announced consensus view of U.S. intelligence agencies and legislative committees that have access to classified threat information is that APTs are responsible for past and continuing efforts to scan, penetrate, manipulate and disrupt the American election system. 3. I also cited the many textbooks that analyze the various mechanisms that such threats might use to avoid detection. Although techniques for discovering the presence or activity of malware that seeks to cover its tracks through stealth are the basic building blocks of cybersecurity education, students are taught that malware may be undetectable either because proper countermeasures have not been deployed or because the countermeasures are not effective. 4. On September 6, 2018, the National Academy of Sciences, Engineering, and Medicine and the associated National Research Council (NAS) issued a report entitled “Securing the Vote: Protecting American Democracy” [National Academies Publication 25120, Attached as Exhibit 1]. Had the NAS report been publicly available, I would have cited it in my August 20 declaration. 5. I now wish to supplement that declaration to include references to the NAS report. Case 1:17-cv-02989-AT Document 285-1 Filed 09/09/18 Page 3 of 188 6. The NAS was established by the Congress of the United States of America by an Act of Incorporation in 1863. The Act to Incorporate the National Academy of Sciences1, also known as the Academy Charter, was signed by President Lincoln on March 3, 1863, establishing the Academy as an independent honorary and consulting body with its own governance and structure. The Act also sets out an obligation for the Academy to provide scientific and technical advice to any department of the Government, whenever requested, with the Academy receiving no compensation for its services. The Academy Charter states: " ... the Academy shall, whenever called upon by any department of the Government, investigate, examine, experiment, and report upon any subject of science or art ....” 7. The Charter also applies to the subsequent establishment of the Academies of Engineering and Medicine and the National Research Council. 8. Reports of any of the Academies and the National Research Council are developed by rigorous information gathering and analysis and are subjected to rigorous peer reviews before they are released to the public. A “consensus report” is one in which the study committee without dissent backs the study’s findings and recommendations. 1 http://www.nasonline.org/about-nas/leadership/governing-documents/act-of-incorporation.html Case 1:17-cv-02989-AT Document 285-1 Filed 09/09/18 Page 4 of 188 9. A consensus report of the NAS therefore represents the highest authority that the U.S. Government can rely upon when it seeks to be advised on matters of science, technology and engineering. 10. The NAS is not an advocacy group. The NAS study “Securing the Vote” was commissioned and members of the committee were selected before filing of the present lawsuit. 11. Although I have served on prior NAS cyber security study committees, I was not involved with the research, writing, or reviewing of this report. 12. In the matter of undetectable manipulation, the NAS report defines the concept of software independence as follows: “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.” [NAP 25120 p. 82] 13. The report further explains how auditability is used to prevent such undetectable changes: “An auditable voting system is software independent.” [NAP 25120 p. 82] 14. For these reasons, the NAS report makes the following recommendation for removing DREs of the kind used in Georgia’s elections from service as soon as possible: “Elections should be conducted with human-readable paper ballots. These may be marked by hand or by machine (using a ballot- marking device); they may be counted by hand or by machine (using an Case 1:17-cv-02989-AT Document 285-1 Filed 09/09/18 Page 5 of 188 optical scanner). Recounts and audits should be conducted by human inspection of the human-readable portion of the paper ballots. Voting machines that do not provide the capacity for independent auditing (e.g., machines that do not produce a voter-verifiable paper audit trail) should be removed from service as soon as possible.” [NAP 25120 p. 6] 15. The report goes on to recommend as follows: “Every effort should be made to use human-readable paper ballots in the 2018 federal election.” [NAP 25120 p. 7] 16. Recognizing that optical ballot scanners and tabulation computers are not immune from malicious manipulation, in order to detect and remedy such manipulations, the report recommends that “Each state should require a comprehensive system of post-election audits of processes and outcomes.” [NAP 25120 p.8] 17. I note it is the consensus view of the National Academies of Science, Engineering, and Medicine that the 2018 election be conducted consistent with Coalition Plaintiff’s requested relief, requiring the use of paper ballots and post-election auditing of the results. I declare under penalty of perjury, in accordance with 28 U.S.C. § 1746, that the foregoing is true and correct. Case 1:17-cv-02989-AT Document 285-1 Filed 09/09/18 Page 6 of 188 Executed on this date, September 9, 2018. Richard A. DeMillo Case 1:17-cv-02989-AT Document 285-1 Filed 09/09/18 Page 7 of 188 EXHIBIT 1 Case 1:17-cv-02989-AT Document 285-1 Filed 09/09/18 Page 8 of 188 THE NATIONAL ACADEMIES PRESS This PDF is available at http://nap.edu/25120 SHARE Ū ſ Ŷ Þ Securing the Vote: Protecting American Democracy DETAILS 180 pages | 6 x 9 | PAPERBACK ISBN 978-0-309-47647-8 | DOI 10.17226/25120 CONTRIBUTORS GET THIS BOOK Committee on the Future of Voting: Accessible, Reliable, Verifiable Technology; Committee on Science, Technology, and Law; Policy and Global Affairs; Computer Science and Telecommunications Board; Division on Engineering and Physical FIND RELATED TITLES Sciences; National Academies of Sciences, Engineering, and Medicine Visit the National Academies Press at NAP.edu and login or register to get: – $FFHVVWRIUHH3')GRZQORDGVRIWKRXVDQGVRIVFLHQWL¿FUHSRUWV a – 10% off the price of print titles e ±(PDLORUVRFLDOPHGLDQRWL¿FDWLRQVRIQHZWLWOHVUHODWHGWR\RXULQWHUHVWV c – Special offers and discounts Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the National Academies Press. (Request Permission) Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved. Securing the Vote: Protecting American Democracy Case 1:17-cv-02989-AT Document 285-1 Filed 09/09/18 Page 9 of 188 Committee on the Future of Voting: $FFHVVLEOH5HOLDEOH9HULÀDEOH7HFKQRORJ\ &RPPLWWHHRQ6FLHQFH7HFKQRORJ\DQG/DZ 3ROLF\DQG*OREDO$IIDLUV &RPSXWHU6FLHQFHDQG7HOHFRPPXQLFDWLRQV%RDUG 'LYLVLRQRQ(QJLQHHULQJDQG3K\VLFDO6FLHQFHV A Consensus Study Report of Copyright National Academy of Sciences. All rights reserved. Securing the Vote: Protecting American Democracy Case 1:17-cv-02989-AT Document 285-1 Filed 09/09/18 Page 10 of 188 THE NATIONAL ACADEMIES PRESS 500 Fifth Street, NW Washington, DC 20001 This activity was supported with grants to the National Academy of Sciences from the Carnegie Corporation of New York (#G-16-53637) and the William and Flora Hewlett Foundation (#G-2016-5031) and with funds from National Academy of Sciences’ W. K. Kellogg Foundation Fund and the National Academies of Sciences, Engineering, and Medicine’s Presidents’ Circle Fund. Any opinions, findings, conclu- sions, or recommendations expressed in this publication do not necessarily reflect the views of any organization or agency that provided support for the project. International Standard Book Number-13: 978-0-309-47647-8 International Standard Book Number-10: 0-309-47647-X Library of Congress Control Number: 2018952779 Digital Object Identifier: https://doi.org/10.17226/25120 Additional copies of this publication are available for sale from the National Academies Press, 500 Fifth Street, NW, Keck 360, Washington, DC 20001; (800) 624-6242 or (202) 334-3313; http://www.nap.edu. Copyright 2018 by the National Academy of Sciences. All rights reserved. Printed in the United States of America Suggested citation: National Academies of Sciences, Engineering, and Medicine. 2018. Securing the Vote: Protecting American Democracy. Washington, DC: The National Academies Press. doi: https://doi.org/10.17226/25120. Copyright National Academy of Sciences. All rights reserved. Securing the Vote: Protecting American Democracy
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