Fox having to pay a substantial damages settlement to Dominion is a just outcome; their amplification of lies about malicious backdoors and rigged elections was contemptible and dangerous.

But we shouldn't conclude from this that US voting systems are perfectly or even adequately protected against attack. While great progress has been made, there's still a great deal of work left to do to make our elections truly secure and robust.

The best thing that Dominion could do with their infusion of cash from Fox - for both their reputation and for the good of democracy - would be to invest it into developing more robust, auditable election technology, such as optical scan systems with features to facilitate Risk-Limiting Audits.
I share people’s disappointment that there wasn’t a public trial. Fox did real damage to the country, and we deserve a reckoning. But the harm Fox (et al) did to the country wasn’t the issue in this suit. It was just about damage to Dominion. So any vindication we’d get about the harm done to the country would just have been a side effect of the trial, not the goal.

Fox has paid a price, in both cash and reputational harm. The case didn’t give us the dramatic public trial that might have been, but at least there was a great deal of deposition testimony and other discovery material put on the record. That’s ultimately a win for society, even if it was less dramatic and satisfying than we might have hoped.

And more cases are still in process.

Also, while the settlement amount was about half of the $1.6B that Dominion asked for, it was by no means assured that that's what a jury would have actually awarded, or that a large award wouldn't be reduced by the judge or on appeal.

The damages aspects of the case were complicated, and would likely have involved fairly involved expert testimony by economists, with reasonable arguments for both large and small numbers.

Taking the $787 million was probably a very rational decision.

@mattblaze i think it was lame to settle. sure fox had to state they did wrong but they watered it down and played it when nobody, who believed that the election was stolen, even watched it so will never acknowledge it. either that or they should’ve stipulated how the public statement should’ve been made. this is a disservice to the american population and i’m hoping the next case does better
@DR_murf How would going to trial have resulted in a different outcome? The only thing a jury can award is money.
@mattblaze valid - maybe i would’ve settled for less money but a more rigid and public apology the only win here is money

@DR_murf @mattblaze Fox has not stated to date that they were wrong. They have not admitted to anything, and they probably won't have to. They acknowledged the judge's ruling, but acknowledging it doesn't mean anything. On the other hand, it looks like the settlement itself may end up being public, rather than the normal NDA that happens around these things.

Damage awards are generally limited to single-digit multipliers (State Farm v. Campbell, 2004). Dominion was facing an uphill battle to get even tens of millions in damages, and that's *if* they won, and it probably would have been dragged out in court for years. Legal bills could have consumed most or even all of any eventual award. They took the rational decision.

The next case against Fox is perhaps Smartmatic. They have even less damages That will probably go away in a settlement, too, and an even smaller one.

@mattblaze . We are too used to movie big bang endings!
@mattblaze You don't think that fine was a slap on the wrist?
@cr1901 it’s not a fine for criminal conduct. It was a negotiated settlement to compensate Dominion for damages from defamation. It was about half of what Dominion sued for, and saved them the cost and uncertainty of a trial (both of which would have been nontrivial).

@mattblaze hand marked scantron is the only realistic solution. Allows quick results and a verifiable paper ballot for recounts.

Any *private* non-public source code counting our votes is absolutely undemocratic.

@pixelpusher220 @mattblaze
how does that differ from the Dominion ICX (ImageCast Evolution) already in use which literally tabulates paper ballots electronically for near-term tabulation while the verifiable paper ballot is retained in the event an audit or recount?

@apenguininspace @mattblaze that's the problem. We don't know.

A paper trail is better than nothing but there's just precious little benefit to having a software program do the voting part.

If they open source their code so it's reviewable, that would be ok...but still overkill for what's needed, simple scan n read.

Next up is the blatant security failure of these *private* machines. Sure they've been improved, but why incorporate the risk if you don't have to?

https://m.slashdot.org/story/298229

Slashdot

@pixelpusher220 @apenguininspace Here’s the problem: today’s elections in the US are incredibly complex compared with the rest of the world. We vote on a ton of different races, and it’s simply not feasible in most of the US to tally ballots without automation. But automation is inherently unreliable and insecure.

Risk limiting audits are an efficient way to get the benefits of automation while also assuring against errors or compromises of the tally system.

@mattblaze @apenguininspace yes, scantron is automation.

My issue is unaudited, untested machines running unaudited code. The examples of bad (or basically no) security are legion as any private actor will only do the minimum.

I still posit that the software voting machines provide no significant benefit, let alone when weighed against the increased risks.

Edit: *publicly audited

@apenguininspace @pixelpusher220 You can’t audit software sufficiently well to provide assurance, whether open source or not. What you can do is audit the tally. This is why election security experts are focused on things like RLAs rather than the impossible task of making software and hardware perfect and impenetrably secure.

@mattblaze @apenguininspace

Agreed it adds layers of risk...that are almost entirely avoided by scantron counting.

Risk limiting audits can be done regardless of the counting method.

What measurable increase in reporting does software voting provide?

@apenguininspace @pixelpusher220 No, that’s wrong. Optical scan systems are just as vulnerable to tampering and software errors as any other complex system. An optical scanner is made of software, which can have errors, be compromised, or be maliciously replaced. Their benefit isn’t that they’re more secure. It’s that you can audit (with RLAs) the ballots that went through them to verify the tally that they produced.
@mattblaze @apenguininspace so scantron can't be RLAd? That doesn't seem correct
@apenguininspace @pixelpusher220 yes, it can. Read what I wrote.

@mattblaze @apenguininspace you'd mentioned them in the context of software systems so I mistook which you were applying it too.

So yes both can be RLAd (and should be).

Still don't see any sizable benefit to software voting systems. Voter hand marked scantron seems the best of both worlds while limiting the risks.

But I guess we'll disagree on that.

Thx

@pixelpusher220 @apenguininspace OPTICAL SCANNERS (“SCANTRON” SYSTEMS ) ARE MADE OF SOFTWARE. If you want optical scanners, you get software.

@mattblaze @apenguininspace

Cool. To summarize
Both have *software*. (Won't argue soft vs firmware)
Both are RLA capable.
Both produce fast results.

One has VOTER HAND MARKED BALLOTS.

I'm going with that one, thx.

@apenguininspace @pixelpusher220 I’m not sure what you even mean by “that one”. Scantron is a brand name for an optical scan system. They’re made of software, just like all ballot tally devices are.

@mattblaze @apenguininspace

Scantron is a generic term at this point. We used them 40 years ago in school.

Scantron *generic* vs a voting system that uses a computer to allow people to vote and then prints out something afterwards. (Like an unreadable barcode...do we require a phone to vote now?)

The scantron system, IMO, is better.

@pixelpusher220 @mattblaze @apenguininspace funny we the french have no issues whatsoever counting 1000 or so ballots per ballot box…
Voting is always on a sunday (so that everyone can participate as most companies are closed) and we get the final results at 3am or so on monday…
@sxpert @mattblaze @apenguininspace @pixelpusher220 Yes, European elections are generally single issue/level, whereas the US holds elections to all levels at the same time. So federal, state, municipal elections are all in the same ballot. Add in some referendums and judgeships and transportation board members and whatnot and you start to understand why it takes time to count.
@sjuvonen @apenguininspace @mattblaze @pixelpusher220
Maybe the US should split those at multiple dates or something
@sxpert @mattblaze @apenguininspace @pixelpusher220 They’ve been doing it like this for well over 200 years and are not generally eager to take advice from the rest of the world.
@mattblaze @pixelpusher220 @sjuvonen @apenguininspace
Indeed they’ve been imposing their view on the rest of the world for far too long 😎
@sxpert Be nice now. Your country has some considerable experience imposing its views on the rest of the world as well.
Timeline of United States military operations - Wikipedia

@sjuvonen @sxpert @mattblaze @apenguininspace @pixelpusher220 voting on the smaller issues at the same time as the major ones increases turnout.

If the presidency was won based on popular vote it would be a huge benefit to turnout for all elections.

@sxpert @mattblaze @apenguininspace @sjuvonen @pixelpusher220

Multiple elections would be too expensive. It isn't cheap to run an election. I manage a couple of precincts for Ohio. I'm required to take a 3 hour training class. It takes an hour or two of setup the night before the election. Election day starts at 0500 and finally ends at about 2200 when everything is broken down and turned in to the Board of Elections. It is becoming harder and harder to find people to do this work.

@sxpert @pixelpusher220 @mattblaze @apenguininspace ditto here in Australia. Most races are decided within a few hours of polls closing.

But US ballots are... different. They vote on *heaps* of things at once, on the same piece of paper. For example, how long would it take to hand count all the races on this sucker? It's not even the most complicated I've seen, just the first one I found in a quick image search.

@womble @sxpert @pixelpusher220 @mattblaze @apenguininspace the Michigan Republican Party did away with voting machines to elect their internal officers. They barely finished the president election before being kicked out of the venue.
Something like 3000 people voted.
@mattblaze @apenguininspace @pixelpusher220 Hmmm it reminded me of the story that Xerox document scanner mysteriously alters number in scanned documents 🤔
https://www.dkriesel.com/en/blog/2013/0802_xerox-workcentres_are_switching_written_numbers_when_scanning
Xerox scanners/photocopiers randomly alter numbers in scanned documents

Xerox scanners/photocopiers randomly alter numbers in scanned documents Please see the „condensed time line“ section (the next one) for a time line of how the Xerox saga unfolded. It for example depicts that I did not push the thing to the public right away, but gave Xerox a lot of time before I did so. <iframe width="700" height="394" src="https://www.youtube.com/embed/c0O6UXrOZJo" frameborder="0" allowfullscreen></iframe>

D. Kriesel

@Orca @mattblaze @apenguininspace sure. Audits would catch that because you have a voter hand marked ballot before any software gets involved.

No different than the CEO of Diebold voting systems stating he would *deliver* Ohio to Bush o6n 2004 😬

@mattblaze @apenguininspace @pixelpusher220 I was really bothered when I took a look at the ballots printed by our Dominion ballot printers here in Santa Cruz.

It had both human (and probably machine readable) vote choices, but also had a QR code that was damnably difficult to read using standard QR reading software and all one got was a binary blob that had to be interpreted via a Dominion proprietary decoding table. And to add butter to the popcorn the QR code was used by the ballot readers as the primary representation of voter choices.

It seems to me that a ballot to be scanned should have exactly one - not multiple - representation of the voter's choices, and that representation should be comprehensible by people using normal human senses.

@karlauerbach @mattblaze @apenguininspace @pixelpusher220 To be sure, a discrepancy between the QR code and the human-readable text is the exact sort of thing that an RLA would catch. The bigger issue, even without the QR code, is that we know that people do not properly check machine-printed ballots to see if they agree with what they entered on the device touch-screen.
@SteveBellovin @karlauerbach @apenguininspace @pixelpusher220 Yes, exactly. Ballot marking devices (originally intended as an assistive technology for those who can't read or mark paper), introduce new issues. In particular, they depend on voters checking, and the (relatively few) studies on this have not been encouraging that they actually do, at least right now.

@SteveBellovin @karlauerbach @mattblaze @apenguininspace @pixelpusher220

It is a statistical issue. Not everyone has to check their marked ballots to make sure the choices printed on the marker are correct. What counts are that *enough* people do so for some statistically meaningful value of enough to be sure that all ballots are being marked correctly.

@cmeier @karlauerbach @mattblaze @apenguininspace @pixelpusher220 There's another assumption you have to make if there are systematic errors in the ballot marking device: that the rate of check is uniformly random across geographic and demographic groups.
@mattblaze @apenguininspace @pixelpusher220 you can also recount a single race if it’s close
@mattblaze @apenguininspace @pixelpusher220 I'm fond of this anecdote from Nicole Perlroth's recent book "This is How They Tell Me the World Ends”. (Aside: I was on a committee with Gosler and knew Morris Sr. pretty well—he's one of the people I learned security from. Both are wicked smart.)

@SteveBellovin @mattblaze @apenguininspace @pixelpusher220

I’ve seen it. Clever code. He did a second version that was even shorter. It led to some interesting and positive changes in thinking at both NSA and DOE.

A major takeaway is that if you know something about your adversary’s assumptions you can get away with lots of things. Of course, that is also true in stage illusion and confidence games.

And no audit of code of any reasonable size is likely to be 100% certain.

@spaf @mattblaze @apenguininspace @pixelpusher220 Interesting. Gosler mentioned it at a (closed but unclassified) committee meeting I was at, but did not show the code. Now I’m *very* curious…
@SteveBellovin @spaf @mattblaze @apenguininspace @pixelpusher220 this should surprise no one who has either participated in or reviewed code from the International Obfuscated C Code Contest (IOCCC). You get one page to do your worst. And people are pretty darn innovative.

@mattblaze @apenguininspace @pixelpusher220

I agree with this sentiment. I've worked for years on both commercial and open source security software systems. I like open source and have supported it ($$$). And I know that you will find fundamental security issues in both open source and closed source commercial systems. And graduating from MIT doesn't mean you produce more secure software (don't mean to pick on MIT particularly). Developers need to assume they will make mistakes, program defensively, and incorporate RLA mechanisms. Those of us who program also often suffer from hubris about our skills.

@mattblaze @pixelpusher220 @apenguininspace the massive number of systems and databases that make up our voting system adds an indirect layer of security. It’s impossible to manipulate the databases in more than maybe a couple locations.

There are a lot of audits and they keep showing the counts are accurate. We should feel really good about that.

@pixelpusher220 @apenguininspace @mattblaze hand counted vote would mean it would take some time, potentially days, for the full results to be released. That's not inherently bad but in today's climate would undoubtedly lead to conspiracy theories about vote tampering. Machine counted paper ballots is the way to go. Purely electronic voting is entirely out of the question of course.
@pixelpusher220 @apenguininspace @mattblaze Unless that software voting machine only produces a human readable scannable ballot and does not directly submit the vote, which as far as I know all but 7 states in the US do. 6 of those are red states, the 7th is NJ. You don't need a source code audit when you can just test it.
@apenguininspace @pixelpusher220 @mattblaze Are those the machines used for municipal elections in Ontario, Canada?

@mattblaze

@qjurecic
I don't know that it would ever happen, but they should make a sizeable donation to:
https://www.democracydocket.com/

Democracy Docket

Democracy Docket is the leading digital news platform dedicated to information, analysis and opinion about voting rights and elections in the courts.

Democracy Docket
@mattblaze And give their employees a big bonus!
@mattblaze What features are useful for RLAs? The obvious is having ballots easily read by a human and retained after voting.
@oclsc for the most efficient RLAs, you need a record of how each individual ballot was interpreted by the machine, and a way to locate the associated paper (but without preserving the order the ballots were cast). Do-able, but current equipment doesn’t fully support that.