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" <[email protected]>

Ms.Evi Jimenez is a Director of CenPEG coordinating this appeal. Thanks

~Pablo Manalastas~


Forwarded message:

From: evi jimenez <[email protected]>
Date: Wed, Sep 30, 2009 at 5:10 PM
Subject: For Signing_Joint Appeal for release of source code_Sept30
To: [email protected], "Bro. Vince Fernandez" <[email protected]>, 
[email protected]


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

 

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