Election infrastructure needs greater oversight, report says

 

Connecting state and local government leaders

Voting machine companies and other vendors operate with near-complete autonomy unlike other heavily regulated critical infrastructure sectors, according to a new report from the Brennan Center for Justice.

A lack of federal regulatory pressure on the private-sector companies responsible for election infrastructure has created dangerous security vulnerabilities in the nation's election system, according to a new report from the Brennan Center for Justice.

More federal oversight is needed to ensure that election vendors, particularly the three companies that provide 80% of the voting systems used in the United States -- ES&S, Dominion and Hart InterCivic--  are doing all they can to ensure their technology is safe and secure, according to the Nov. 12 report.

Election security specialists have long criticized the outsized role that a handful of companies have played in the way U.S. election technology is managed and administered. These firms have historically spurned calls to conduct independent testing of their equipment and threatened legal action against security researchers who point out vulnerabilities.

The report authors argued that voting machine companies and other election vendors operate with near-complete autonomy outside of voluntary standards, unlike other heavily regulated critical infrastructure sectors.

"There is almost no federal regulation of the vendors that design and maintain the systems that allow us to determine who can vote, how they vote, or how their votes are counted and reported," Lawrence Norden, Christopher Deluzio and Gowri Ramachandran wrote. "While voting systems are subject to some functional requirements under a voluntary federal testing and certification regime, the vendors themselves are largely free from federal oversight."

The report called for a new federal certification program to issue standards and enforce vendor compliance, the reconstitution of a technical guidelines committee stocked with cybersecurity experts, the expansion of vendor certification activities to include other election systems beyond voting machines and more robust enforcement from bodies like the Election Assistance Commission (EAC) when it comes to compliance.

While federal scrutiny of voting machine vendors is viewed by many experts as insufficient, bodies like the EAC aren't even allowed to subject that same level of oversight to vendors who provide other critical components of election infrastructure, like voter registration systems, e-pollbooks and election night reporting systems.

While expanding  the testing and certification to encompass election infrastructure beyond voting machines would require an act of Congress, the Brennan Center believes EAC commissioners already have the authority to institute other changes, like enforcing stricter certification standards and compelling more transparency from voting machine vendors about their products. Norden also said that Congress must give the agency more money and do a better job selecting commissioners who will focus on the core mission.

Eddie Perez, a former director of product management at voting machine vendor Hart InterCivic who has since joined the nonprofit OSET Institute dedicated to improving voting security and integrity, said in an email that while he was not in favor of "excessive regulation," he does support state and federal regulations that would increase transparency from voting machine vendors who have "gotten a pass for too long."

"Everyone intuitively understands that it's right and reasonable for the government to regulate providers of critical infrastructure -- for example, energy, aviation, telecommunications, dams, defense industries, and emergency services," he said. "Voting technology is also critical infrastructure, and it requires oversight, just like the other critical infrastructure sectors."

"The threat against our election systems up until recently has not been treated in the same breadth as the threat against the energy sector or the nuclear sector or defense, and so there's probably some catching up that we need to do," Norden said.

A longer version of this article was first posted to FCW, a sibling site to GCN.

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.