Official Response to my Diebold OR Request

I recieved the official response from the WI SEB on my 7 part OR request. Her it is in toto:

Greetings John,

Below is the information you requested in response to your open records request.

Response Q-1) Here is a list of the items submitted by the vendor with the number of pages in parentheses.
Please let know what item(s) you are interested in purchasing.

Diebold Election Systems Training Programs Brochure (3 copied pages)
Diebold Elections Systems, Inc Product Brochures (20 copied
pages)

All above information equals - 23 pages @ $0.25 per page = $ 5.75

At this time we are not adding the application letter, application
for certification of electronic voting system, ITA reports, user list
or manuals because if the confidential and proprietary notice we received from Diebold Election Systems, Inc.

Response Q-2) Records supporting the vendors claim that their voting machinery is certified under the 2002 EAC/NASED voting standards.
This information is disclosed above. Additionally, this information
can be found at the NASED website at http://www.nass.org/index.html

Response Q-3) The 2002 certification number issued.

N-1-06-22-22-001

Response Q-4) All reports and documents created by the independent testing authority (ITA) pursuant to the ITA recommendation for the issuance of the
2002 certification number.

With respect to item 4, Diebold has informed us that they take the position that the entire ITA report is exempt from your request. We are working on a response to them that states that we do not accept this position and that we will expect them to defend this position if litigation ensues. We hope to get them to provide a redacted copy of the report. (This response was copied from correspondence between Kevin J. Kennedy, Executive Director SEB and Mr. Washburn dated 9/27/05.)

Response Q-5) Name and Address of ITA testing lab

Wyle Laboratories (310) 322-1763
http://www.wylelabs.com/
Ciber, Inc. Tel: (303) 220.0100
http://ciber.com
Toll Free: (800) 242.3799

Response Q-6) Copy of the Physical Configuration Audit
This information is disclosed above. Additionally, this information
can be found at the NASED website at http://www.nass.org/index.html

Response Q-7) Copy of SEB test plan to ascertain if the system used in the mock election is the same submitted under to the ITA?

We have not developed a test plan that addresses your concerns in issue 7. (This response was copied from correspondence between Kevin J.
Kennedy, Executive Director SEB and Mr. Washburn dated 9/27/05.)

Here was my response:

Ms. Edgren:

Thank you for your exceptionally thorough and detailed response.

I maintain your response on item Q-6 is unresponsive. The reference to the NASED site is not sufficient as the information contained therein (excerpted below) is not a physical configuration audit (PCA) as defined and described in Volume I, Section 8.7.1 of the EAC VVSG (2002). GEMS software requires both Microsoft Access and a Windows operating system (either MS windows or WinCE). Neither are listed on the NASED site, but are required as part of an 8.7.1 PCA. Therefore, the NASED reference is not the PCA for the system submitted for qualification under the EAC 2002 guidelines.

There is an item missing from the Diebold application for certification. Diebold is required to submit 2 ITA reports not one; one report from Wyle for the hardware and one report from Ciber for the software. Are these 2 ITA reports combined into a single report? Your email lists 2 ITA's but mentions only one report instead of 2?

The NASED certification process outline here: http://www.nased.org/ITA%20Information/NASEDITAProcess.pdf makes it clear there MUST be 2 ITA reports if any portion of the software is not burned into read-only memory (ROM). The need for 2 ITA reports is re-iterated in the EAC 2002 qualification guidelines under the Voluntary Voting System Guidelines (VVSG). The VVSG (2002) can be found at: http://www.glynn.com/eac_vvsg/guide_toc.asp

In summary:
Thank you again for your detailed response. There still remains a small point of confusion. Are both of the required ITA reports in the possession of the staff of the Wisconsin State Elections Board?