00706-Decl of CAC w Exhs

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Cindy A. Cohn, Esq. SBN 145997)Wendy Seltzer,Esq.ELECTRONIC FRONTIER FOUNDAnON454 Shotwell StreetSanFrancisco,CA 94110Telephone: 415) 436-9333xl08Facsimile: 415) 436-9993Alan Korn, Esq. (SBN 167933)LAW OFFICE OF ALAN KORN1840Woolsey StreetBerkeley, CA 94703Telephone: 510) 548-7300Facsimile: 510) 540-4821

5678 Attorneys for PlaintiffONLINE POLICY GROUP

10 JenniferStisaGranick, Esq. (SBN 168423)STANFORD LAW SCHOOLCYBERLA W CLINIC559 NathanAbbott WayStanford,CA 94305-8610Telephone: 650) 724-0014Facsimile: 650) 723-4426

11121314 Attorneys for PlaintiffsNELSON CHU PA VLOSKY and LUKETHOMAS SMITH5

UNITED STATES DISTRICT COURT6FOR THE NORTHERN DISTRICT OF CALIFORNIA1

18 ) No. C-O3-04913 JFNLINE POLICY GROUP, NELSON CHUPA VLOSKY , and LUKE THOMAS SMITH,19 )) DECLARAnON OF CINDY A. COHN INSUPPORTOF PLAINTIFFS' MonONFOR SUMMARY JUDGMENTPlaintiffs,20 ).21 February9, 20049:00 a.m.3Date:Time:Courtroom:DIEBOLD, INCORPORATED,and DIEBOLDELECTION SYSTEMS, NCORPORATED,2223 Defendants. )4

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PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ..


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[, Cindy A. Cohn, hereby declare as follows.I am an attorneywith the Electronic Frontier Foundation,counsel o Plaintiff Online1.

3 Policy Group. I make this Declaration n support of Plaintiffs' Motion for Summary JudgmentThe facts stated ereare known o me of my own personal nowledge, xceptwhereotherwisstated. f called upon to testify thereto could and would competentlydo so.

Attached hereto as Exhibit A is a printout of what I am infonned and believe to be2.an e-mail from Ken Clark, dated September13, 2000, that appearson the Diebold e-mail archivethat was postedon the SwarthmoreCoalition for the Digital Commonswebsite and hat was inked

9 to from the SanFrancisco ndyMedia website.am informed and believe to bettachedhereto as Exhibit B is a printout of what0 3.

an e-mail from Pat Green,datedJanuary24,2003, that appears n the Diebold e-mail archive hat1 was postedon the SwarthmoreCoalition for the Digital Commonswebsite and that was linked to213 from the SanFrancisco ndyMedia website.

Attached hereto as Exhibit C is a printout of what I am infonned and believe to be4 4.an e-mail from Jeffiey W. Dean,datedFebruary 3, 2001, hat appears n the Diebold e-mai5archive that was posted on the SwarthmoreCoalition for the Digital Commons website and that6

17 was inked to from the SanFrancisco ndyMedia website.Attachedhereto as Exhibit D is a printout of what I am infonned and believe to be8 5.

19 an e-mail from Ken Clark, datedJuly 6, 1999, hat appears n the Diebold e-mail archive that waspostedon the SwarthmoreCoalition for the Digital Commonswebsite and that was linked to from0

21 the SanFrancisco ndyMedia website.Attached hereto as Exhibit E is a printout of what I am infonned and believe to be2 6.

an e-mail from [email protected],atedJanuary3, 2003, hat appearson the Diebold3e-mail archive hat was postedon the SwarthmoreCoalition for the Digital Commonswebsite and4

25 that was inked to from the SanFrancisco ndyMedia website.Attached hereto as Exhibit F is a printout of what I am infonned and believe to be6 7.

an e-mail from [email protected], ated January3, 2003, that appearson the Diebold e-mail728 archive hat was postedon the Swarthmore oalition or the Digital Commonswebsiteand hat

-1-C-O3-04913 F DECLARATION OF CINDY A COHN IN SUPPORTOFPLAINTIFFS' MOTION FOR SUMMARY JUDGMENT


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1 was inked to from the SanFrancisco ndyMedia website.I declare under penalty of perjury under the laws of dIe State of California that the

3 foregoing is true and correct and that this declara~~w.lIO1J'n ~as executed in San F cisco, California.Date: (\n N\ .. I Cf 7~3 a J -,- - C YA,CO

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-2-913 JF DECLARATION OF CINDY A COHN IN SUPPORTOFPLAINTIFFS' MOTION FOR SUMMARY JUDGMENI'


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EXHmIT A


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From:Ken Clark" [email protected]: RE: Central count doesn't stop for write-ins - Pima 1-11-2Date: Wed, 13 Sep 2000 13:21 41 -0700Pima (County) s going to usea hacked .llfor their upcommingelection orthis, as they have n thepast.-


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EXHffiIT B


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EXHffiIT C


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From: "JeffreyW. Dean" [email protected]:AVOS 1.96Date: Fri, 23 Feb 200117:16:25 -0800Thought I should clear the air on the 17" ballot traffic. What we are doing iscertifying a firmware release that1) Is backward compatible with the 1.94, 1.95 spider's web of uncertifiedfeatures urrently n use... -


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EXHmIT D


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EXHIBIT E


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From: [email protected] [mailto:[email protected]] OnBehalf Of KenSubject: RE: sunspot. net - maryland news.htmDate: Friday, January 03, 200312:47 PMThere s an importantpoint that seems o be missedby all thesearticles: theyalready bought he system.At this point theyare ust closing the barn door.Let'sjust hope hat as a companywe are smart enough o chargeout theyin ifthey ry to change he rules now and legislatevoter receiots.


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EXHffi IT F


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00706-Decl of CAC w Exhs