Online voting: a legal perspective

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Presentation transcript:

Online voting: a legal perspective jos.dumortier@law.kuleuven.ac.be www.law.kuleuven.ac.be/icri

CyberVote Http://www.eucybervote.org Part of the IST 1999 programme under the 5th Framework 1/9/2000 – 31/3/2003 Partners: EADS (FR) – BT (UK) – NOKIA (FI) – K.U. Leuven (BE) – Technical University of Eindhoven (NL) – Freie Hansestadt Bremen (DE) – Mairie d’Issey-les-Moulineaux (FR) – Kista Stadsdelsnämnd (SE)

Objectives of Cybervote Demonstrating a secure cyber-voting prototype using mobile and fixed Internet technologies Defining and implementing a prototype embedding an innovative voting protocol to ensure integrity, privacy and authentication of the voters. The prototype was demonstrated and evaluated on 3 trial applications (Bremen – Kista – Issey-les-Moulineaux)

Desirability of Internet voting Transparency Participation Capturing people’s interest Alternative for people residing abroad and ill or disabled persons Tabulation time and accuracy Cost-effective equipment Reduced costs of elections Faster than hand-counting Not subject to human error

Voting systems Paper based elections Automated elections (using any kind of voting machines) Electronic voting (using the computer) Off-line (stand-alone computer) Online (connected in a closed or open network) Internet voting (Internet functions as network) Polling place Internet voting Remote Internet voting

Basic principles Equal, non-discriminatory access Democratic elections Freedom to vote, without undue influence or coercion – secrecy of the vote One person, one vote Integrity, reliability and security of the ballot box Verifiability and audit ability of the voting process Voter’s confidence in the voting system

1. Non-discrimination and equality Equal situations should be treated equally and unequal situations unequally Exceptions allowed if distinction is objective and reasonable Equal accessibility to the voting process Poll sites Remote online voting Co-existence

2. a. Freedom to vote / Secrecy of the vote Anonymity and secrecy should be observed during the whole election process Can ideal material circumstances be obtained when voting from home or workplace or from a mobile phone? Abusive practices: Buying and selling of votes Family voting

2.b. One person, one vote Authentication Security and reliability Only legitimate voters can vote Each voter can vote only once Security and reliability Every cast vote may to be counted only once A cast vote may not be able to be altered in the course of the voting process

2.c. Reliability and security Reliability is a matter of technical architecture Gain people’s trust Simple to use Security Voter authentication Vote integrity Vote privacy Vote reliability Non-duplication Defence against denial of service attacks Defence against malicious code attacks

2.d. Verifiability and audit ability Ability to control polling and tabulation Allow for a recount when necessary Audit trail enhances integrity and trustworthiness 2.e. Voter’s confidence Open source?

Discussion