Reply #38: BBV, Judge Speeds Case on E-Voting Company's Threats Against Critics | EFF

[Stephanie]

Posted by ParanoidPat on 11/11/03
"Just received this in an e-mail from EFF.
Thought I'd share it!"

Judge Speeds Case on E-Voting Company's Threats Against Critics
May Prevent Diebold From Suppressing Evidence of Voting Machine Flaws

San Jose, CA - A federal district court judge last week set an accelerated schedule for consideration of a request to halt legal harassment of Internet publishers. The lawsuit, brought by a nonprofit Internet Service Provider (ISP) and two Swarthmore college students, seeks to bar electronic voting machine manufacturer Diebold Systems, Inc., from issuing further legal threats against ISPs.

Diebold has been issuing cease-and-desist letters to ISPs that host websites that either publish or link to a corporate email archive indicating flaws in the company's voting machines. The archive includes email messages written by Diebold employees discussing how to resolve, or in some cases, obfuscate these problems.

EFF and the Center for Internet and Society Cyberlaw Clinic at Stanford Law School are providing legal representation in this important case to prevent abusive copyright claims from silencing public debate about voting, the very foundation of our democratic process.

"We are pleased that the court has recognized the urgency of our case against Diebold with an expedited schedule," said EFF Staff Attorney Wendy Seltzer. "Diebold must not be permitted to use unfounded copyright claims to stifle public debate over the accuracy of electronic voting machines."

Judge Jeremy Fogel of the federal district court in San Jose, California will hear Online Policy Group v. Diebold, Inc. (Case Number C-03-04913 JF) on November 17, 2003.

For the full press release:
http://www.eff.org/Legal/ISP_liability/OPG_v_Diebold/20031104_eff_pr.php

Online Policy Group v. Diebold case archive:
http://www.eff.org/Legal/ISP_liability/OPG_v_Diebold/

EFF media release: "Security Researchers Discover Huge Flaws in E-voting System":
http://www.eff.org/Activism/E-voting/20030723_eff_pr.php

Media coverage:

Machine Politics in the Digital Age
http://www.nytimes.com/2003/11/09/business/yourmoney/09vote.htm
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Diebold Voting Case Tests DMCA
http://www.pcworld.com/news/article/0,aid,113273,00.asp

Diebold Threatens Publishers of Leaked Electronic-voting Documents
http://www.siliconvalley.com/mld/siliconvalley/7117340.htm

Students Fight E-Vote Firm
http://www.wired.com/news/print/0,1294,60927,00.html