At the risk of being cynical, the guys running the show at Comelec are just 
hopelessly stubborn and stone hearted when it comes to the source code review. 
Only lawsuits will stop them now.

Sent from my Nokia phone
-----Original Message-----
From: jan gestre
Sent:  2009-10-09 09:36:39
Subject:  Re: [plug] The Death of Election 2010 Source Code Review

What's with this?
<snip>

US-BASED SysTest Labs was declared as the winning bidder that will certify
the source code of the software to be installed in the 82,200 precinct count
optical scan (PCOS) machines for the May 2010 elections.

Poll Commissioner Rene Sarmiento said that out of the four international
companies that participated in the bidding last week, SystTest Labs was able
to comply with all the requirements set by the Bids and Awards Committee
(BAC) of the Commission on Elections (Comelec).

Taken from -->
http://www.sunstar.com.ph/manila/us-firm-wins-bid-review-pcos-source-code
They're not allowing Cenpeg et al. but the awarded a bid to a US based firm?
WTF.


On Mon, Oct 5, 2009 at 5:17 PM, Junn Flores <ergo...@gmail.com> wrote:

> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
>
>
> Pablo Manalastas wrote:
> > The Center for People Empowerment in Governance (CenPEG) is making
> > one LAST FINAL APPEAL to COMELEC to release the source code of the
> > election computer programs NOW, so that we can do a source code
> > review.
> >
> > If you believe in this CAUSE, please help CenPEG by supporting this
> > appeal. You can do so by replying to this email, adding your name,
> > position, etc to the end of the list, and email this reply to
> >
> > "Evi Jimenez" <evime...@gmail.com>
> >
> > Ms.Evi Jimenez is a Director of CenPEG coordinating this appeal.
> > Thanks
> >
> > ~Pablo Manalastas~
> >
> >
> > Forwarded message:
> >
> > From: evi jimenez <evime...@gmail.com> Date: Wed, Sep 30, 2009 at
> > 5:10 PM Subject: For Signing_Joint Appeal for release of source
> > code_Sept30 To: bobbyl...@hotmail.com, "Bro. Vince Fernandez"
> > <brvince...@yahoo.com>, bromannyhil...@yahoo.com
> >
> >
> > Sept. 29, 2009
> >
> > Dear Friends,
> >
> > After going around to share the findings of our study on the AES,
> > we now ask for your support.  Can you help follow up the Comelec to
> > release the source code for review, as mandated in RA 9369 and
> > which was approved en banc to be given to CenPEG for independent
> > review by its network of computer scientists in the academe?
> >
> > The recent storm Ondoy last week hit us unprepared.  Many lives
> > were lost and billions of pesos worth of property destroyed. THAT
> > was a disaster of terrible magnitude that could have been
> > prevented, or at least mitigated through a comprehensive disaster
> > preparedness program. The coming automated polls, the first to be
> > implemented nationwide, will need the same preparedness.
> >
> > Please support the cause for a credible and transparent election by
> > signing the following Statement. Emailing us back with a short note
> > to confirm your signature would be most appreciated. You may also
> > download the attached copy of the Appeal and ask your friends
> > especially those who attended our briefings, to sign. We are
> > rushing against time. There is little time left for a meaningful
> > source code review.
> >
> >
> > Thank you very much!
> >
> >
> > Evi
> >
> > Center for People Empowerment in Governance www.cenpeg.org
> >
> >
> >
> > A FOLLOW-UP APPEAL TO THE COMELEC
> >
> > COMPLY WITH THE AUTOMATED ELECTION SYSTEM LAW;
> >
> > RELEASE THE SOURCE CODE FOR REVIEW NOW!
> >
> >
> >
> > September 30, 2009
> >
> > The country has barely eight months to go before May 10, 2010 when
> > 48 million Filipino voters are expected to troop to the polls. On
> > that day, the voters shade their votes on small ovals opposite the
> > names of their candidates on ballots 2.5 feet long, and feed the
> > ballots into the Precinct Count Optical Scan-Optical Mark Reader
> > (PCOS-OMR) machines that will read and count their votes, and
> > transmit the vote tallies at the end of voting day to the
> > Consolidation and Canvassing System (CCS) machines. If everything
> > goes as planned, the next President, Vice President, and other
> > national and local elective officials will be known in 2-3 days.
> >
> > For the speed that it promises, the Automated Election System (AES)
> > is certainly revolutionary, and the AES Law or RA 9369, a landmark
> > piece of legislation that could modernize the fraud-ridden voting
> > in the Philippines.  But speed without addressing the deep-seated
> > problem of cheating in the country will make the automated election
> > a wasteful exercise at PhP7.2 billion. Machines can help, but will
> > not solve fraud completely.
> >
> > The voters must be assured that the machines themselves cannot be
> > used as instruments for cheating, that they have been programmed
> > correctly and are internally resistant to vote rigging. For this,
> > the RA 9369 provides for certain safeguards that the Comelec is
> > duty bound to implement. One of the key safeguards is the source
> > code review provision:
> >
> > Section 12 [Sec 14] of RA 9369 mandates, “Once an AES technology is
> > selected for implementation, the Commission shall promptly make the
> > source code of that technology available and open to any interested
> > political party or groups which may conduct their own review
> > thereof."  [underscoring supplied]
> >
> > Source code is the human-readable set of computer program
> > instructions used to specify the internal actions to be performed
> > by the PCOS-OMR called SAES-1800 (Smartmatic Auditable Election
> > System) machines and CCS called REIS (Real-Time Information System)
> > computers. A most thorough examination of the source code for
> > correctness and security of the programs running in the e-voting
> > machines to be used for the first time in the country’s election
> > history must be undertaken by reputable computer scientists who are
> > known for their independence and probity and are unattached to the
> > vendor or the Comelec.. This will ascertain that the programs in
> > the machines will correctly implement the provisions of RA 9369 for
> > counting, canvassing, and transmission of the votes and that any
> > serious security flaws are identified and properly fixed. More than
> > the external procedural features of the machines – that is, feeding
> > of the ballots into the PCOS-OMR machines to printing of the
> > Election Returns – the correctness and the security of the internal
> > programs running in the machines should be of primordial concern.
> >
> > It was in this spirit of transparency that on May 26, 2009, the
> > Center for People Empowerment in Governance (CenPEG) wrote the
> > Comelec requesting for the source code of the counting and
> > canvassing computers as well as the election database and servers.
> > On June 10, the Comelec en banc approved the release of the source
> > code for review through its Minute Resolution No. 09-0366 but it
> > was delivered to CenPEG only on July 10, the day of the contract
> > signing between the Comelec and Smartmatic-TIM.
> >
> > To this day, however, the Comelec has not yet released the source
> > code, citing as reasons the following: “lack of guidelines”
> > (Comelec spokesperson James Jimenez), “premature release” (Comelec
> > Executive Director Jose Tolentino, also PMO), “CenPEG (and other
> > groups) to apply (first) as resource person … and under controlled
> > conditions,” and “the source code does not currently exist” (Atty.
> > Ferdinand Rafanan of the Comelec legal department), and “we are
> > still waiting for Smartmatic-TIM to turn over the source code so
> > that it could be opened for review” (Commissioner Rene Sarmiento
> > who pointed out that the source code is not owned by Smartmatic but
> > by another firm, Canada’s Dominion Voting Systems!).
> >
> > Then on the September 21 poll automation forum on ANC TV, Atty.
> > Rafanan delivered a final blow to the call for source code review
> > by announcing that “CenPEG (and other interested groups) will not
> > do a source code review, but that an international certification
> > agency will do it as a requisite to TEC (Technical Evaluation
> > Committee) certification.” This announcement is misleading. As
> > clearly spelled out in RA 9369, the certification by TEC through an
> > international entity is a separate requirement (Sec. 9) from the
> > mandate to release the source code for review by interested groups
> > (Sec. 12).
> >
> > We, concerned citizens and organizations from various professions
> > and sectors, join other interested groups like CenPEG in demanding
> > that the source code be made available to interested groups as
> > provided by law so that it may be reviewed by competent computer
> > experts who are not vendors or Comelec-designated but are
> > independent and known for their probity and integrity in the IT
> > hardware and software security industry.
> >
> > Source code review, in accordance with international standards,
> > takes time. Any further delay in the release of the source code for
> > thorough examination by “interested groups” will surely frustrate
> > the intent of the law to give all concerned the opportunity to
> > review the source code and be assured of the integrity of the
> > e-voting system.
> >
> > We believe that implementing this particular safeguard, even if not
> > a sure-cure to fraud, is a big step toward ensuring the integrity
> > of the automated election system, that internal safeguards are well
> > plugged in while assuring the Filipino voters that the machines are
> > secured, accurate, and reliable. Reviewing the source code will
> > certainly not make the system impervious to external attacks and
> > manipulation but rather make it more immune to manipulation as
> > possible vulnerabilities are identified and fixed beforehand. In
> > landmark cases in the U.S., more and more citizens’ groups are
> > calling for e-voting systems to be periodically reviewed long
> > before the elections to check if they are defective, obsolete, or
> > otherwise unacceptable.
> >
> > We reiterate in strongest terms our call for the Comelec to comply
> > with Sec. 12 of RA 9369 and release the source code of the PCOS-OMR
> > and CCS computer programs NOW before it is too late..
> >
> > As we sign this joint statement, of primordial concern to us are
> > the rights of the voters and the integrity of the voting system.
> > While our demand for the release of the source code is based on
> > law, we believe that the review is critical on moral, political and
> > economic grounds. Let us work together in making sure that the
> > integrity of the machines and our votes will not be under grave
> > threats.
> >
> > Signed:
> >
> > Name                                             Organization
> > Designation
> >
> > Alfredo E. Pascual                     University of the
> > Philippines                     President
> >
> > Alumni Association (UPAA)
> >
> >
> >
> > Bishop Broderick S. Pabillo       National Secretariat for
> > Chairman
> >
> > Social Action (NASSA)-
> >
> > Catholic Bishops Conference
> >
> > Of the Philippines (CBCP)
> >
> >
> >
> > Bishop Deogracias S. Iniguez    Public Affairs Committee
> > Chairman
> >
> > CBCP
> >
> >
> >
> > Angelito S. Averia, Jr..                 Philippine Computer
> >
> > Emergency Response Team (PhCERT)    President
> >
> >
> >
> Salvador P. Flores Jr.
> Maynilad Water Services,
> Inc.                                           Network Administrator
>
>
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