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<channel>
	<title>Bill Wishon's News and Views</title>
	
	<link>http://www.wishon.org</link>
	<description />
	<pubDate>Thu, 27 Nov 2008 01:28:50 +0000</pubDate>
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	<language>en</language>
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		<title>Video - Old Style Cylon Gets Philosophical - Battlestar Galactica …</title>
		<link>http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~3/465561152/</link>
		<comments>http://www.wishon.org/2008/11/24/video-old-style-cylon-gets-philosophical-battlestar-galactica/#comments</comments>
		<pubDate>Tue, 25 Nov 2008 06:13:33 +0000</pubDate>
		<dc:creator>unknown</dc:creator>
		
		<category><![CDATA[Shared News]]></category>

		<guid isPermaLink="false">tag:google.com,2005:reader/item/f556d481d904c65c</guid>
		<description><![CDATA[YouTube streaming video - Old Style Cylon Gets Philosophical - I like this because I love old school Battlestar Galactica and one of the Cylons finally starts to think for himself.]]></description>
			<content:encoded><![CDATA[YouTube streaming <strong>video</strong> - Old Style Cylon Gets Philosophical - I like this because I love old school Battlestar Galactica and one of the Cylons finally starts to think for himself.<img src="http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~4/465561152" height="1" width="1"/>]]></content:encoded>
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		<item>
		<title>Discerning Voter Intent in the Minnesota Recount</title>
		<link>http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~3/461267878/</link>
		<comments>http://www.wishon.org/2008/11/21/discerning-voter-intent-in-the-minnesota-recount/#comments</comments>
		<pubDate>Fri, 21 Nov 2008 22:51:00 +0000</pubDate>
		<dc:creator>Ed Felten</dc:creator>
		
		<category><![CDATA[Shared News]]></category>

		<category><![CDATA[Voting]]></category>

		<guid isPermaLink="false">tag:google.com,2005:reader/item/6ff483bbf3231c01</guid>
		<description><![CDATA[Minnesota election officials are hand-counting millions of ballots, as they perform a full recount in the ultra-close Senate race between Norm Coleman and Al Franken. Minnesota Public Radio offers a fascinating gallery of ballots that generated disputes about voter intent.

A good example is this one:]]></description>
			<content:encoded><![CDATA[Minnesota election officials are hand-counting millions of ballots, as they perform a full recount in the ultra-close Senate race between Norm Coleman and Al Franken.  Minnesota Public Radio offers a fascinating <a href="http://minnesota.publicradio.org/features/2008/11/19_challenged_ballots/">gallery</a> of ballots that generated disputes about voter intent.

A good example is this one:
<img src="http://minnesota.publicradio.org/features/2008/11/19_challenged_ballots/images/noballot.jpg" alt="" />
A scanning machine would see the Coleman and Franken bubbles both filled, and call this ballot an overvote.  But this might be a Franken vote, if the voter filled in both slots by mistake, then wrote "No" next to Coleman's name.

Other cases are more difficult, like this one:
<img src="http://minnesota.publicradio.org/features/2008/11/19_challenged_ballots/images/doubleballot.jpg" alt="" />
Do we call this an overvote, because two bubbles are filled?  Or do we give the vote to Coleman, because his bubble was filled in more completely?

Then there's this ballot, which is destined to be famous if the recount descends into ligitation:
<img src="http://minnesota.publicradio.org/features/2008/11/19_challenged_ballots/images/lizardpeopleb.jpg" alt="" />
[Insert your own joke here.]

This one raises yet another issue:
<img src="http://minnesota.publicradio.org/features/2008/11/19_challenged_ballots/images/thumbballot.jpg" alt="" />
Here the problem is the fingerprint on the ballot.  Election laws prohibit voters from putting distinguishing marks on their ballots, and marked ballots are declared invalid, for good reason: uniquely marked ballots can be identified later, allowing a criminal to pay the voter for voting "correctly" or punish him for voting "incorrectly".  Is the fingerprint here an identifying mark?  And if so, how can you reject this ballot and accept the distinctive "Lizard People" ballot?

Many e-voting experts advocate optical-scan voting.  The ballots above illustrate one argument against opscan: filling in the ballot is a free-form activity that can create ambiguous or identifiable ballots.  This creates a problem in super-close elections, because ambiguous ballots may make it impossible to agree on who should have won the election.

Wearing my pure-scientist hat (which I still own, though it sometimes gets dusty), this is unsurprising: an election is a measurement process, and all measurement processes have built-in errors that can make the result uncertain.  This is easily dealt with, by saying something like this: Candidate A won by 73 votes, plus or minus a 95% confidence interval of 281 votes.  Or perhaps this: Candidate A won with 57% probability.  Problem solved!

In the real world, of course, we need to declare exactly one candidate to be the winner, and a lot can be at stake in the decision.   If the evidence is truly ambiguous, somebody is going to end up feeling cheated, and the most we can hope for is a sense that the rules were properly followed in determining the outcome.

Still, we need to keep this in perspective.  By all reports, the number of ambiguous ballots in Minnesota is miniscule, compared to the total number cast in Minnesota.  Let's hope that, even if some individual ballots don't speak clearly, the ballots taken collectively leave no doubt as to the winner.<img src="http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~4/461267878" height="1" width="1"/>]]></content:encoded>
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		<item>
		<title>6 Seconds To Relax</title>
		<link>http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~3/461159648/</link>
		<comments>http://www.wishon.org/2008/11/21/6-seconds-to-relax/#comments</comments>
		<pubDate>Fri, 21 Nov 2008 11:31:18 +0000</pubDate>
		<dc:creator>guest</dc:creator>
		
		<category><![CDATA[Happiness]]></category>

		<category><![CDATA[Health Tip Day]]></category>

		<category><![CDATA[Shared News]]></category>

		<guid isPermaLink="false">tag:google.com,2005:reader/item/4750958fecc7ba4e</guid>
		<description><![CDATA[“Smile, breathe and go slowly.”   – Thich Nhat Hanh
Editor’s note: This is a guest post from Sarah, a psychiatrist of How to Cope with Pain.
Ever have one of those days when it seems there’s not a minute to catch your breath, let alone medita...]]></description>
			<content:encoded><![CDATA[<blockquote><p>“Smile, breathe and go slowly.”   <strong>– Thich Nhat Hanh</strong></p></blockquote>
<h6><strong>Editor’s note</strong>: This is a guest post from Sarah, a psychiatrist of <em><a href="http://www.howtocopewithpain.org/">How to Cope with Pain</a></em>.</h6>
<p>Ever have one of those days when it seems there’s not a minute to catch your breath, let alone meditate or relax?  A day when you feel like the proverbial busy bee, with no time to admire the fragrant flowers you’re landing on?</p>
<p>Leo has given us some wise ways to <a href="http://zenhabits.net/2007/03/the-art-of-doing-nothing/">relax</a>, <a href="http://zenhabits.net/2007/09/simple-living-simplified-10-things-you-can-do-today-to-simplify-your-life/">simplify</a>, and <a href="http://zenhabits.net/2007/02/how-not-to-multitask-work-simpler-and/">take life more slowly</a>, but you might still find it tricky to always put these suggestions to use.  Or, perhaps for you, some days flow smoothly, but there are still some - or many - during which taking a break feels impossible.</p>
<p>On those days, instead of an evening, an hour, or even 15 minutes to relax, could you spare 6 seconds?</p>
<p>Yes, that’s right…  <strong>6 seconds.</strong> That’s the time it takes to let yourself have 1 relaxing breath.  2 seconds breathing in through your nose, and 4 seconds exhaling through your mouth.  Right now, I’m going to ask you to take 12 seconds for an experiment.  At the end of this sentence, practice that relaxing breath… 2 seconds in and 4 seconds out.</p>
<p>That’s right.  And once again at the end of this sentence.</p>
<p>Even that little amount of time – 6 seconds - can help your body and mind relax.  Let your heart rate slow.  Let some of the stress slide away.</p>
<p>Now how can you give yourself the gift of relaxing breaths during even your busiest days?  One answer is to pair a relaxing breath with an activity that comes up repeatedly during your day.  For example, let’s say you’re a secretary.  Each time your phone rings, breathe before you answer it.  (6 seconds is less than the time it takes for the phone to ring again, so no one will even notice you’re taking time for yourself.)</p>
<p>Here are some other examples of fitting in a single breath, using - you guessed it - BREATHE:</p>
<p><strong>B:</strong> If you’re a <em>Blogger</em>, take a breath each time you click “save” when writing an article for your blog.<br>
<strong>R:</strong> If you make <em>Reservations for an airline</em>, take a breath each time you book a flight going east.<br>
<strong>E:</strong> If you’re an <em>Engineer</em>, take a breath each time you use your calculator.<br>
<strong>A:</strong> If you’re an <em>Accountant</em>, take a breath each time you see a number ending in 6.<br>
<strong>T:</strong> If you’re a <em>Teacher</em>, take a breath each time the school bell rings.<br>
<strong>H:</strong> If you’re a <em>Highway tollbooth operator</em>, take a breath each time a white car comes through your lane.<br>
<strong>E:</strong> If you’re an <em>Editor</em>, take a breath each time you correct a comma.</p>
<p>Now it’s time to put your creativity to work for yourself.  You’re invited to fill in the blanks below, and then share in the comments what you’ll do to regularly sneak in relaxed breathing during your day.</p>
<p>I’m a _________________, so I’ll take a breath each time I ________________________.</p>
<p>Will you commit to try this exercise today?  Remember, even busy bees rest.  The <a href="http://www.oardc.ohio-state.edu/agnic/bee/faq.asp?qid=38">American Bee Journal</a> says so.  And if they can do it, so can you!</p>
<p><strong><em><a href="http://www.howtocopewithpain.org/resources/breathing-exercises-2.html">How to Cope with Pain</a>, hosted by a psychiatrist specializing in chronic pain management, frequently writes about breathing, relaxing, and managing stress.</em></strong></p>

<p><a href="http://feeds.feedburner.com/~a/zenhabits?a=Kc06ef"><img src="http://feeds.feedburner.com/~a/zenhabits?i=Kc06ef" border="0"></a></p><div>
<a href="http://feeds.feedburner.com/~f/zenhabits?a=N9wLN"><img src="http://feeds.feedburner.com/~f/zenhabits?i=N9wLN" border="0"></a> <a href="http://feeds.feedburner.com/~f/zenhabits?a=7N3Xn"><img src="http://feeds.feedburner.com/~f/zenhabits?i=7N3Xn" border="0"></a> <a href="http://feeds.feedburner.com/~f/zenhabits?a=7zMAn"><img src="http://feeds.feedburner.com/~f/zenhabits?i=7zMAn" border="0"></a>
</div><img src="http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~4/461159648" height="1" width="1"/>]]></content:encoded>
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		<item>
		<title>Kurt Vonnegut</title>
		<link>http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~3/456521939/</link>
		<comments>http://www.wishon.org/2008/11/15/kurt-vonnegut-2/#comments</comments>
		<pubDate>Sun, 16 Nov 2008 00:00:00 +0000</pubDate>
		<dc:creator>(author unknown)</dc:creator>
		
		<category><![CDATA[Shared News]]></category>

		<guid isPermaLink="false">tag:google.com,2005:reader/item/2b9cc7e10385f65f</guid>
		<description><![CDATA["Beware of the man who works hard to learn something, learns it, and finds himself no wiser than before... He is full of murderous resentment of people who are ignorant without having come by their ignorance the hard way."]]></description>
			<content:encoded><![CDATA["Beware of the man who works hard to learn something, learns it, and finds himself no wiser than before... He is full of murderous resentment of people who are ignorant without having come by their ignorance the hard way."<img src="http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~4/456521939" height="1" width="1"/>]]></content:encoded>
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		<feedburner:origLink>http://www.wishon.org/2008/11/15/kurt-vonnegut-2/</feedburner:origLink></item>
		<item>
		<title>George Wallace</title>
		<link>http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~3/456521940/</link>
		<comments>http://www.wishon.org/2008/11/14/george-wallace/#comments</comments>
		<pubDate>Sat, 15 Nov 2008 00:00:00 +0000</pubDate>
		<dc:creator>(author unknown)</dc:creator>
		
		<category><![CDATA[Shared News]]></category>

		<guid isPermaLink="false">tag:google.com,2005:reader/item/bc6866d59ceb047f</guid>
		<description><![CDATA["Why does the Air Force need expensive new bombers? Have the people we've been bombing over the years been complaining?"]]></description>
			<content:encoded><![CDATA["Why does the Air Force need expensive new bombers? Have the people we've been bombing over the years been complaining?"<img src="http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~4/456521940" height="1" width="1"/>]]></content:encoded>
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		<feedburner:origLink>http://www.wishon.org/2008/11/14/george-wallace/</feedburner:origLink></item>
		<item>
		<title>extremely well done</title>
		<link>http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~3/428744704/</link>
		<comments>http://www.wishon.org/2008/10/19/extremely-well-done/#comments</comments>
		<pubDate>Sun, 19 Oct 2008 14:03:04 +0000</pubDate>
		<dc:creator>(author unknown)</dc:creator>
		
		<category><![CDATA[Shared News]]></category>

		<category><![CDATA[presidential politics]]></category>

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		<description><![CDATA[				<br /><a href="http://vimeo.com/1891426?pg=embed&#38;sec=1891426">Obama '08 - Vote For Hope</a> from <a href="http://vimeo.com/mcyogi?pg=embed&#38;sec=1891426">MC Yogi</a> on <a href="http://vimeo.com?pg=embed&#38;sec=1891426">Vimeo</a>.]]></description>
			<content:encoded><![CDATA[				<br><a href="http://vimeo.com/1891426?pg=embed&amp;sec=1891426">Obama '08 - Vote For Hope</a> from <a href="http://vimeo.com/mcyogi?pg=embed&amp;sec=1891426">MC Yogi</a> on <a href="http://vimeo.com?pg=embed&amp;sec=1891426">Vimeo</a>.<img src="http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~4/428744704" height="1" width="1"/>]]></content:encoded>
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		<feedburner:origLink>http://www.wishon.org/2008/10/19/extremely-well-done/</feedburner:origLink></item>
		<item>
		<title>and then things got ugly</title>
		<link>http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~3/415870689/</link>
		<comments>http://www.wishon.org/2008/10/06/and-then-things-got-ugly/#comments</comments>
		<pubDate>Tue, 07 Oct 2008 03:57:07 +0000</pubDate>
		<dc:creator>(author unknown)</dc:creator>
		
		<category><![CDATA[Shared News]]></category>

		<category><![CDATA[presidential politics]]></category>

		<guid isPermaLink="false">tag:google.com,2005:reader/item/0e4a6fd0fe5823da</guid>
		<description><![CDATA[It has surprised me that this, the tremor before this recent financial disaster, the Keating Five scandal, has not been at the center of this campaign before. But now, apparently in response to Palin's suggestion that the fact Obama knows Ayers is relevant to whether he should be president, the Obama campaign has released this very strong 15 minute documentary about the Keating scandal...]]></description>
			<content:encoded><![CDATA[It has surprised me that this, the tremor before this recent financial disaster, the <a href="http://en.wikipedia.org/wiki/Keating_Five">Keating Five</a> scandal, has not been at the center of this campaign before. But now, apparently in <a href="http://www.washingtonpost.com/wp-dyn/content/story/2008/10/06/ST2008100603030.html">response to Palin's suggestion</a> that the fact Obama knows Ayers is relevant to whether he should be president, the Obama campaign has released this very strong 15 minute documentary about the Keating scandal.

For those not old enough to remember, here's the outline: 5 Senators, all of whom had received campaign funding from Charles Keating, intervene with regulators to get them to overlook criminal behavior by Keating, leading to the collapse of Lincoln Savings, leading to a $3.4 billion bill for Americans. The only one of those 5 Senators to receive both personal and political benefits from Keating: McCain.

Fair? Totally relevant to the question whether the judgment of this candidate is the sort that's needed at this time. Totally relevant to the basic question whether his philosophy -- deregulate -- is what this sector needs at this time.

Wise? Not sure. I'm not sure Americans distinguish between hard-hitting-and-fair criticism (which this is) and hard-hitting-and-unfair criticism (which Palin's is). One might worry that they're "<a href="http://supreme.justia.com/us/352/380/case.html">burn[ing] down the house to roast the pig</a>" but I assume they've reckoned that.

But ugly? You bet.<img src="http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~4/415870689" height="1" width="1"/>]]></content:encoded>
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		<feedburner:origLink>http://www.wishon.org/2008/10/06/and-then-things-got-ugly/</feedburner:origLink></item>
		<item>
		<title>Sarah Palin in 30 seconds</title>
		<link>http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~3/412420477/</link>
		<comments>http://www.wishon.org/2008/10/05/sarah-palin-in-30-seconds/#comments</comments>
		<pubDate>Sun, 05 Oct 2008 22:56:04 +0000</pubDate>
		<dc:creator>Mark Frauenfelder</dc:creator>
		
		<category><![CDATA[Shared News]]></category>

		<category><![CDATA[Video]]></category>

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		<description><![CDATA[

Sim says: Here's my latest video remix, this time of America's latest sweetheart/demagogue.
  

]]></description>
			<content:encoded><![CDATA[
<br><p>
<a href="http://www.simsadler.com">Sim</a> says: Here's my latest video remix, this time of America's latest sweetheart/demagogue.<br>
  <img alt="" border="0" src="http://www.pheedo.com/img.phdo?i=698d15758f55b5d72377e184d9d1bc91" height="1" width="1">
<img src="http://www.pheedo.com/feeds/tracker.php?i=698d15758f55b5d72377e184d9d1bc91" border="0" height="1" width="1" alt="">
<p><a href="http://feeds.feedburner.com/~a/boingboing/iBag?a=dezVgC"><img src="http://feeds.feedburner.com/~a/boingboing/iBag?i=dezVgC" border="0"></a></p><img src="http://feeds.feedburner.com/~r/boingboing/iBag/~4/412242516" height="1" width="1"></p><img src="http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~4/412420477" height="1" width="1"/>]]></content:encoded>
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		<feedburner:origLink>http://www.wishon.org/2008/10/05/sarah-palin-in-30-seconds/</feedburner:origLink></item>
		<item>
		<title>the (unaccounted for) cost of saving the financial system</title>
		<link>http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~3/410583589/</link>
		<comments>http://www.wishon.org/2008/10/03/the-unaccounted-for-cost-of-saving-the-financial-system/#comments</comments>
		<pubDate>Fri, 03 Oct 2008 18:51:08 +0000</pubDate>
		<dc:creator>(author unknown)</dc:creator>
		
		<category><![CDATA[Shared News]]></category>

		<category><![CDATA[bad law]]></category>

		<guid isPermaLink="false">tag:google.com,2005:reader/item/02cc1daf6ce0dd6f</guid>
		<description><![CDATA[A research assistant, Sina Kian, observes: <blockquote>When Pres. Bush and Sec. Paulson proposed a bailout, it was three pages. When the House was done with it, it was over 100. When the Senate voted on it last night, it was over 400. I thought you'd be interested in <a href="http://themountainsage.wordpress.com/2008/10/01/the-new-senate-bailout-bill451-pages-with-earmarks-and-tax-extenders/">reading about some of the earmarks that were slapped</a> on. [<a href="http://thinkprogress.org/2008/10/02/mccain-veto-bailout/">McCain criticizing</a>]

Particularly bizarre was the tax exemption for wooden arrows used by children. In any event, it's sad to see a government so addicted to earmarks that it can't even handle a crisis without involving them.</blockquote>]]></description>
			<content:encoded><![CDATA[A research assistant, Sina Kian, observes: <blockquote>When Pres. Bush and Sec. Paulson proposed a bailout, it was three pages. When the House was done with it, it was over 100. When the Senate voted on it last night, it was over 400. I thought you'd be interested in <a href="http://themountainsage.wordpress.com/2008/10/01/the-new-senate-bailout-bill451-pages-with-earmarks-and-tax-extenders/">reading about some of the earmarks that were slapped</a> on. [<a href="http://thinkprogress.org/2008/10/02/mccain-veto-bailout/">McCain criticizing</a>]

Particularly bizarre was the tax exemption for wooden arrows used by children. In any event, it's sad to see a government so addicted to earmarks that it can't even handle a crisis without involving them.</blockquote><img src="http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~4/410583589" height="1" width="1"/>]]></content:encoded>
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		<feedburner:origLink>http://www.wishon.org/2008/10/03/the-unaccounted-for-cost-of-saving-the-financial-system/</feedburner:origLink></item>
		<item>
		<title>Judge Suppresses Report on Voting Machine Security</title>
		<link>http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~3/412420478/</link>
		<comments>http://www.wishon.org/2008/10/02/judge-suppresses-report-on-voting-machine-security/#comments</comments>
		<pubDate>Thu, 02 Oct 2008 13:45:02 +0000</pubDate>
		<dc:creator>Andrew Appel</dc:creator>
		
		<category><![CDATA[Secrecy]]></category>

		<category><![CDATA[Shared News]]></category>

		<category><![CDATA[Voting]]></category>

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		<description><![CDATA[<p>A judge of the New Jersey Superior Court has prohibited the scheduled release of a report on the security and accuracy of the Sequoia AVC Advantage voting machine.  Last June, Judge Linda Feinberg ordered Sequoia Voting Systems to turn over its source code to me (serving as an expert witness, assisted by a team of computer scientists) for a thorough examination.  At that time she also ordered that we could publish our report 30 days after delivering it to the Court--which should have been today.</p>
<p>Three weeks after we delivered the report, on September 24th Judge Feinberg ordered us not to release it.  This is part of a lawsuit filed by the Rutgers Constitutional Litigation Clinic, seeking to decommission of all of New Jersey's voting computers.  New Jersey mostly uses Sequoia AVC Advantage direct-recording electronic (DRE) models. None of those DREs can be audited: they do not produce a voter verified paper ballot that permit each voter to create a durable paper record of her electoral choices before casting her ballot electronically on a DRE.  The legal basis for the lawsuit is quite simple: because there is no way to know whether the DRE voting computer is actually counting votes as cast, there is no proof that the voting computers comply with the constitution or with statutory law that require that all votes be counted as cast.</p>
<p>The question of whether this report can legally be suppressed was already argued once in this Court, in June 2008, and the Court concluded then that it should be released; I will discuss this below.   But as a matter of basic policy--of running a democracy--the public and legislators who want to know the basic facts about  the reliability of their elections need to be able to read reports such as this one.  Members of the New Jersey Legislature--who need to act now because the NJ Secretary of State is not in compliance with laws the legislature passed in 2005--have  asked to read this report, but they are precluded by the Court's order.  Members of the public must decide now, in time to request an absentee ballot, whether to cast their ballot by absentee (counted by optical scan) or to vote on paperless DRE voting machines.  Citizens also need information so that they can communicate to their legislators their opinions about how New Jersey should conduct elections.  Even the Governor and the Secretary of State of New Jersey are not permitted, by the Court's order, to read this report in order to inform their policy making.</p>
<p><strong>Examination of the AVC Advantage.</strong>  In the spring of 2008, Judge Linda Feinberg ordered the defendants (officials of the State of New Jersey) to provide to the plaintiffs: (a) Sequoia AVC Advantage voting machines, (b) the source code to those voting machines, and (c) other specified information.  The Sequoia Voting Systems company, which had not been a party to the lawsuit, objected to the examination of their source code by the plaintiffs' experts, on the grounds that the source code contained trade secrets.  The Court recognized that concern, and crafted a Protective Order that permitted the plaintiffs' experts to examine the source code while protecting the trade secrets within it.  However, the Court Order, issued by Judge Feinberg on June 20, does permit the plaintiffs' experts to release this report to the public at a specified time (which has now arrived).  In fact, the clause of this Order that permits the release of the report was the subject of lengthy legal argument in May-June 2008, and the plaintiffs' experts were not willing to examine the AVC Advantage machines under conditions that prevent public discussion of their findings.</p>
<p>I served as the plaintiffs' expert witness and led an examination team including myself and 5 other computer scientists (Maia Ginsburg, Harri Hursti, Brian Kernighan, Chris Richards, and Gang Tan).  We examined the voting machines and source code during July-August 2008.  On September 2nd we provided to the Court (and to the defendants and to Sequoia) a lengthy report concerning the accuracy and security of the Sequioa AVC Advantage.  The terms of the Court's Protective Order of June 20 permit us to release the report today, October 2nd.</p>
<p>However, on September 24 Judge Feinberg, "with great reluctance," orally ordered the plaintiffs not to release the report on October 2nd, and not to publicly discuss their conclusions from the study.  She did so after the attorney for Sequoia grossly mischaracterized our report.  In order to respect the Judge's temporary stay, I cannot now comment further on what the report does contain.</p>
<p>The plaintiffs are deeply troubled by the Court's issuance of what is essentially a temporary restraining order restricting speech, without any motion or briefing whatsoever.  Issuing such an order is an extreme measure, which should be done only in rare circumstances, and only if the moving party has satisfied its high burden of showing both imminent harm and likelihood of success on the merits.  Those two requirements have not been satisfied, nor can they be.  The plaintiffs have asked the Court to reconsider her decision to suppress our report.  The Court will likely hear arguments on this issue sometime in October.  We hope and expect that the Court will soon permit publication of our report.</p>]]></description>
			<content:encoded><![CDATA[<p>A judge of the New Jersey Superior Court has prohibited the scheduled release of a report on the security and accuracy of the Sequoia AVC Advantage voting machine.  Last June, Judge Linda Feinberg ordered Sequoia Voting Systems to turn over its source code to me (serving as an expert witness, assisted by a team of computer scientists) for a thorough examination.  At that time she also ordered that we could publish our report 30 days after delivering it to the Court--which should have been today.</p>
<p>Three weeks after we delivered the report, on September 24th Judge Feinberg ordered us not to release it.  This is part of a lawsuit filed by the Rutgers Constitutional Litigation Clinic, seeking to decommission of all of New Jersey's voting computers.  New Jersey mostly uses Sequoia AVC Advantage direct-recording electronic (DRE) models. None of those DREs can be audited: they do not produce a voter verified paper ballot that permit each voter to create a durable paper record of her electoral choices before casting her ballot electronically on a DRE.  The legal basis for the lawsuit is quite simple: because there is no way to know whether the DRE voting computer is actually counting votes as cast, there is no proof that the voting computers comply with the constitution or with statutory law that require that all votes be counted as cast.</p>
<p>The question of whether this report can legally be suppressed was already argued once in this Court, in June 2008, and the Court concluded then that it should be released; I will discuss this below.   But as a matter of basic policy--of running a democracy--the public and legislators who want to know the basic facts about  the reliability of their elections need to be able to read reports such as this one.  Members of the New Jersey Legislature--who need to act now because the NJ Secretary of State is not in compliance with laws the legislature passed in 2005--have  asked to read this report, but they are precluded by the Court's order.  Members of the public must decide now, in time to request an absentee ballot, whether to cast their ballot by absentee (counted by optical scan) or to vote on paperless DRE voting machines.  Citizens also need information so that they can communicate to their legislators their opinions about how New Jersey should conduct elections.  Even the Governor and the Secretary of State of New Jersey are not permitted, by the Court's order, to read this report in order to inform their policy making.</p>
<p><strong>Examination of the AVC Advantage.</strong>  In the spring of 2008, Judge Linda Feinberg ordered the defendants (officials of the State of New Jersey) to provide to the plaintiffs: (a) Sequoia AVC Advantage voting machines, (b) the source code to those voting machines, and (c) other specified information.  The Sequoia Voting Systems company, which had not been a party to the lawsuit, objected to the examination of their source code by the plaintiffs' experts, on the grounds that the source code contained trade secrets.  The Court recognized that concern, and crafted a Protective Order that permitted the plaintiffs' experts to examine the source code while protecting the trade secrets within it.  However, the Court Order, issued by Judge Feinberg on June 20, does permit the plaintiffs' experts to release this report to the public at a specified time (which has now arrived).  In fact, the clause of this Order that permits the release of the report was the subject of lengthy legal argument in May-June 2008, and the plaintiffs' experts were not willing to examine the AVC Advantage machines under conditions that prevent public discussion of their findings.</p>
<p>I served as the plaintiffs' expert witness and led an examination team including myself and 5 other computer scientists (Maia Ginsburg, Harri Hursti, Brian Kernighan, Chris Richards, and Gang Tan).  We examined the voting machines and source code during July-August 2008.  On September 2nd we provided to the Court (and to the defendants and to Sequoia) a lengthy report concerning the accuracy and security of the Sequioa AVC Advantage.  The terms of the Court's Protective Order of June 20 permit us to release the report today, October 2nd.</p>
<p>However, on September 24 Judge Feinberg, "with great reluctance," orally ordered the plaintiffs not to release the report on October 2nd, and not to publicly discuss their conclusions from the study.  She did so after the attorney for Sequoia grossly mischaracterized our report.  In order to respect the Judge's temporary stay, I cannot now comment further on what the report does contain.</p>
<p>The plaintiffs are deeply troubled by the Court's issuance of what is essentially a temporary restraining order restricting speech, without any motion or briefing whatsoever.  Issuing such an order is an extreme measure, which should be done only in rare circumstances, and only if the moving party has satisfied its high burden of showing both imminent harm and likelihood of success on the merits.  Those two requirements have not been satisfied, nor can they be.  The plaintiffs have asked the Court to reconsider her decision to suppress our report.  The Court will likely hear arguments on this issue sometime in October.  We hope and expect that the Court will soon permit publication of our report.</p><img src="http://feeds.feedburner.com/~r/BillWishonsNewsAndViews/~4/412420478" height="1" width="1"/>]]></content:encoded>
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