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Electronic Civil Disobedience: A Fundamental Right

Staff | October 27, 2003

“[I am] committed to helping Ohio deliver its electoral votes to the President next year.” Walden O’Dell, CEO of Diebold [source]

“A quiet revolution is taking place in US politics. By the time it’s over, the integrity of elections will be in the unchallenged, unscrutinised control of a few large — and pro-Republican — corporations.” Andrew Gumbel, Independent, Oct. 14, 2003 [source]

More fundamental than the right to vote is the right to a free and fair election. It is a necessity that forms the center of democracy. Without fair elections the state loses its legitimacy and democracy crumbles. Today Why War? and the Swarthmore Coalition for the Digital Commons begin an active electronic civil disobedience campaign to draw America’s attention back to the center of democracy — for it is crumbling.

We have in our possession the internal memoranda of Diebold Elections Systems, the company in charge of the electronic voting machines in 37 states, and we intend to share them. These memos prove that Diebold knowingly produced an electronic election system that contained absolutely no security against voter fraud. In fact, the lead engineer from Diebold wrote over two years ago that anyone could change votes without leaving a trail: “Right now you can open GEMS' .mdb file with MS-Access, and alter its contents. That includes the audit log.” GEMS stands for Global Election Management System and is the central computer in each county on which the votes are stored after the election.

Diebold has filed cease and desist orders against anyone who has attempted to share these memos with the public. They have taken down hosts all over the world, including the personal website of the very journalist who broke this story, Bev Harris. We refuse to comply. We refuse to allow the suppression of evidence that proves a Diebold machine registered 16,022 negative votes for Al Gore in Precinct 216 in Florida in the 2000 presidential election. We refuse to comply with a company whose CEO has given $9,965 to Bush and the Republican National State Elections Committee since 2001, while declaring that he is “committed to helping Ohio deliver its electoral votes to the President next year.”

And we are asking you to refuse as well.

Our strategy to combat Diebold is simple. Through active, legal electronic civil disobedience we can bring to light the usually silent act of suppression. The result will be a permanent and public mirror of the memos — documents whose public existence strengthens democracy.

One journalist in Seattle has written that Dean Logan, director of records, elections and licensing services in Seattle, “decided election security was a ‘legitimate issue’ after internal company e-mail was posted on the Internet and discussed in a Salon.com article Monday.” Our goal is to force these documents back into the sunlight.

Logan should be alarmed — the depth of Diebold’s deceit extends far beyond what most Americans are comfortable believing. In fact, there are already allegations that Diebold was responsible for the highly questionable results from the 2002 election in Georgia. Andrew Gumbel writes in the Independent:

Something very odd happened in the mid-term elections in Georgia last November. On the eve of the vote, opinion polls showed Roy Barnes, the incumbent Democratic governor, leading by between nine and 11 points. In a somewhat closer, keenly watched Senate race, polls indicated that Max Cleland, the popular Democrat up for re-election, was ahead by two to five points against his Republican challenger, Saxby Chambliss.

Those figures were more or less what political experts would have expected in state with a long tradition of electing Democrats to statewide office. But then the results came in, and all of Georgia appeared to have been turned upside down. Barnes lost the governorship to the Republican, Sonny Perdue, 46 per cent to 51 per cent, a swing of as much as 16 percentage points from the last opinion polls. Cleland lost to Chambliss 46 per cent to 53, a last-minute swing of 9 to 12 points

Why War? believes that the mere possibility that the core principle of democracy — a fair election — is under attack demands action. We believe we are afforded the right to publication of these documents because of the integral part they play in the counting of votes in America. When such action is met with legal threats, we believe the conscientious path is to engage in open, democratic, and legal electronic civil disobedience.

1) Bush at War, by Bob Woodward, Simon & Schuster, 2002.

2) http://www.newamericancentury.org/iraqclintonletter.htm

3) The Neoconservative Persuasion, by Irving Kristol, Weekly Standard, August 25, 2003.

4) http://newamericancentury.org/RebuildingAmericasDefenses.pdf

5) We'll Win This War, by Michael A. Ledeen, The American Enterprise Online.

6) The Future of War and the American Military, by Stephen P. Rosen, Harvard Magazine, May-June 2002, vol 104, no 5.

7) Michael A. Ledeen, quoted by Jonah Goldberg in Baghdad Delenda Est, Part Two, National Review, April 23, 2002.

8) Beware of Bolton, by Ian Williams, May 30, 2002.

9) America's Imperial Ambition, by John Ikenberry, Foreign Affairs, 2002.

10) Should We Evict the UN? by Patrick Buchanan, New York Post, December 27, 1997, page 15.

11) Washington Post, January 31, 2003.

12) The Guardian, March 21, 2003.

13) Why America Still Needs the United Nations, by Shashi Tharoor, Foreign Affairs, Sept/Oct 2003

14) The End of the American Era: US Foreign Policy and the Geopolitics of the Twenty-first Century, by Charles A. Kupchan, Knopf, October 29, 2002.

15) The Real Crisis Over the Atlantic, by Dominique Moisi, Foreign Affairs, July/August 2001.

16) Propaganda Isn't the Way: Soft Power, by Joseph S. Nye Jr., The International Herald Tribune, January 10, 2003.

17) Wolfowitz Stands Fast Amid the Antiwarriors, by Eric Schmitt, The New York Times, September 22, 2003.

18) Thomas L. Friedman, The New York Times, June 2003.

19) The National Security Strategy of the United States of America, The White House, September 17, 2002.

20) But What's the Legal Case for Preemption? by Bruce Ackerman, Washington Post, August 18, 2002.

21) The National Security Strategy of the United States of America, The White House, September 17, 2002.

22) Law unto Themselves, by Richard Norton-Taylor, The Guardian, March 14, 2003.

23) UN Resolution 1441, The Security Council, November 8, 2002.

24) Selective Intelligence, by Seymour M. Hersh, The New Yorker, May 5, 2003.

25) The Economist, October 4, 2003.

26) A deafening silence, by Gideon Levy, Ha'aretz, October 6, 2002.

27) Bush's Unreliable Intelligence, by David Corn, The Nation, November 12, 2003.

28) Rice: Iraq trained al Qaeda in chemical weapons, CNN, September 26, 2002.

29) President Bush Outlines Iraqi Threat, by George W. Bush, Cincinnati, October 7, 2002.

30) Saddam Hussein and the Sept. 11 Attacks, Washington Post Poll, September 6, 2003.

31) We're Taking Him Out, CNN, May 6, 2002.

32) May 9, 2003 interview of Paul Wolfowitz by Sam Tannenbaus, published in Vanity Fair, July 2003.

33) Iraq Said to Have Tried to Reach Last-Minute Deal to Avert War, by James Risen, The New York Times, November 6, 2003. Original article.

34) Stumbling into War, by James P. Rubin, Foreign Affairs, September/October 2003.

35) Charlie Wilson's War: The Extraordinary Story of the Largest Covert Operation in History, by George Crile, Atlantic Monthly Press, April 2003.

36) Bush's Faustian Deal With the Taliban, by Robert Scheer, Los Angeles Times, May 22, 2001.

37) Iraqi Democracy Is a Pipe Dream, by Nicholas D. Kristof, The New York Times, October 19, 2002.

38) UN Resolution 1441, The Security Council, November 8, 2002.

39) Thomas L. Friedman, The New York Times, July 7, 1991.

40) A War for Oil?, by Thomas L. Friedman, The New York Times, January 5, 2003.

41) US Diplomatic and Commercial Relationships with Iraq, 1980 - 2 August 1990.

42) US Support for Iraq in the 1980s, Center for Cooperative Research.

43) The Ghosts of 1991, by Peter W. Galbraith, Washington Post, Saturday, April 12, 2003.

44) Thomas L. Friedman, The New York Times, June 2003.

45) Making of a Monster: How the US Helped Build Iraq's War Machine, by William P. Hoar, The New American, September 1992.

46) A Hard Look at Iraq Sanctions, by David Cortright, The Nation, December 3, 2001.

47) Iraq surveys show 'humanitarian emergency, Unicef Information Newsline, August 12, 1999.

48) Columbia News Video, by Prof. Richard Garfield, March 03, 2000.

49) Cool War, by Joy Gordon, Harper's Magazine, November 2002.

50) Squeezed to death, by John Pilger The Guardian, Saturday March 4, 2000.

51) Cool War, by Joy Gordon, Harper's Magazine, November 2002.

52) Iraq 'smart sanctions' derailed by Russia, by Anton La Guardia, telegraph.co.uk, April 7, 2001.

53) Pew's Global Attitudes Project, June 2003.

54) Andrew Kohut's Senate Testimony, February 27, 2003.

55) Jihad: Expansion et declin de l'Islamisme, by Gilles Kepel, Gallimard, 2003.

56) Terror and Liberalism, by Paul Berman, Norton, 2003.

57) Jerry Falwell, September 13, 2001.

58) General William Boykin, 2002-2003.

59) State of the Union Address to Congress, by President Carter, January 21, 1980.

60) Thomas L. Friedman, The New York Times, May 4, 2003.

61) Empire: The Rise and Demise of the British World Order and the Lessons for Global Power, by Niall Ferguson, Basic Books, 2003. Critics of US policy are racist, says Rice, by David Rennie, telegraph.co.uk, September 8, 2003.

62) Iraqi Democracy Is a Pipe Dream, by Nicholas D. Kristof, The New York Times, October 19, 2002.

63) Critics of US policy are racist, says Rice, by David Rennie, telegraph.co.uk, September 8, 2003.

64) A World Transformed, by Brent Scowcroft and George H. W. Bush, Knopf, September 1998.

This website is a tribute to Why War?, one of the nation's first and most innovative post-9/11 student antiwar organizations. Born on October 22, 2001 at Swarthmore College, we were a handful of freshmen and sophmores who vocally opposed the wars in Afghanistan, Iraq and elsewhere. And now, seven years later, we are retiring this website as we focus our efforts on new directions. We hope that it continues to serve future activists and we remain confident that humanity is on the verge birthing a better world.