Changes

"Wally O'Dell, CEO of Diebold Inc., this week [27 August 2003] sent out letters to central Ohio Republicans asking them to raise $10,000 in donations in time for a Sept. 26 Ohio Republican Party event at his home. ... [State of Ohio]House Minority Leader Chris Redfern, D-Catawba Island, and Senate Minority Leader Greg DiDonato, D-New Philadelphia, on Tuesday petitioned Secretary of State [[Ken Blackwell]] to drop O'Dell's company from the list of potential suppliers [of new electronic voting machines], saying his presence could undermine Ohio's entire election system." [<ref> http://www.portclintonnewsherald.com/news/stories/20030827/localnews/140871.html]</ref>

:<u>Note</u>: According to the AP (August 29, 2003), the letter was actually dated [<ref>http://www.ohio.com/mld/beaconjournal/business/6646063.htm?template=contentModules/printstory.jsp 14 August 2003]</ref>, more than two weeks prior to news stories about it. This is supported by an August 28, 2003 [<ref> http://www.commondreams.org/headlines03/0828-08.htm ''Cleveland Plain Dealer'' news story]</ref>.

Diebold sent out dozens of similar notices to ISPs hosting [[IndyMedia]] and other websites linking to or publishing copies of [[Diebold internal memo]]s. OPG is the only ISP so far to resist the takedown demand from Diebold.[<ref> http://www.eff.org/Legal/ISP_liability/20031016_eff_pr.php]</ref>

On October 13, 2003, it is reported that a former worker in Diebold's Georgia warehouse says the company installed patches on its machines before the state's 2002 gubernatorial election that were never certified by independent testing authorities or cleared with Georgia election officials. If the charges are true, Diebold could be in violation of federal and state election-certification rules.[<ref>http://www.wired.com/news/politics/0,1283,60563,00.html] </ref>

On October 16, 2003, the [[Electronic Frontier Foundation]] announced that it will defend the Internet Service Provider (ISP) and news website publisher against claims of indirect copyright infringement from the electronic voting machines' manufacturer. [<ref>ibid]</ref>

On October 21, 2003, Defending the right of a fair, democratic election, [<ref> http://why-war.com/features/2003/10/diebold.html Why War?] </ref> and the [<ref>http://scdc.sccs.swarthmore.edu/ Swarthmore Coalition for the Digital Commons (SCDC)] </ref> announced that they are rejecting Diebold Elections Systems' cease and desist orders and are initiating a legal electronic civil disobedience campaign that will ensure permanent public access to the controversial leaked memos. Thus, through active, legal electronic civil disobedience, Why War? and SCDC will bring to light the usually silent acts of suppression and censorship. The result will be [<ref>http://cultcom.com/mirror.html a '''permanent and public mirror'''] </ref> of the memos: documents whose public existence challenges the assumed presence of democracy in America. [<ref>http://why-war.com/features/diebold_pr.txt]</ref>

On October 22, 2003, the two groups have decided to pursue different courses of action, confident that the actions of both groups will independently result in continued access to Diebold's memos. SCDC has decided to comply with any cease and desist requests and subsequently take legal action against Diebold[<ref>http://www.sccs.swarthmore.edu/org/daily/archive/fall_2003/20031023.html#n1]</ref>. Why War?, on the other hand, will continue to provide access to the memos by listing mirrors provided by individuals worldwide. [<ref>http://why-war.com/features/2003/10/diebold.html]</ref>