Elections as an instrument of political control
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have been certied 90 days earlier…. Why then did we bother with a source
code review?” Indeed, what was the point of reviewing a software program
that was not going to be used? Former Comelec IT director Ernie del Rosario
also railed against the fact that the version of the software that Comelec actually
installed in the precinct voting and counting machines was different from the
version that had been earlier presented for review. This shell game was clearly
the reason why Comelec issued no protocols or instructions on how the election
ofcials assigned to the individual precincts could check and verify that the
“hash code” – a precise identier that allows one to ascertain that one piece of
software is an exact image of another – of the software installed in their precinct
machines corresponded exactly with the hash code of the software that had
earlier been reviewed.
To be clear, since the software program earlier reviewed was different from
the software program installed in the precinct-deployed machines, there was
effectively no source code review – as required by law – and the integrity of the
ballot appreciation and counting program in the precinct-deployed machines
had to be in doubt. A malicious program could very well have been embedded
in the software used and no one would be the wiser.
Aggravating the absence of digital signatures and the inutility of the source
code review, Comelec also refused to allow the precinct returns to be
transmitted directly (and immediately) to a public website so that political
parties and independent observers could verify if the results printed out by the
machines at a precinct were exactly the same results transmitted to both the
canvassing servers and the public website from that precinct. In addition to that
crucial verication check, this would have allowed any observer to perform his
own tally of the votes which could be compared to the Comelec tally. That
Comelec would not even permit this simple procedure has to be a clear
indication that they already anticipated – or knew – that there would be
differences between the poll results that observers would see at the precincts
and those that are transmitted to the canvassing servers for tallying.
For the May 9, 2016 elections, a Certication by the government's Technical
Evaluation Committee (TEC) – consisting of two representatives from the
Department of Science and Technology and one from the Comelec IT
department – that the automated election system being implemented by
Comelec was acceptable and ready for use was supposed to have been issued
on February 9, or 90 days prior to the poll date. This Certication would have
conrmed that successful eld tests had been done, that the source code review
had been completed, that the source code reviewed is the same as the ones
installed in the machines deployed to the voting precincts, that credible mock
elections had been held, that the precinct voting and counting machines were in
perfect working order, and that the “Final Testing and Sealing” of the machines
for deployment was done according to proper security protocols. Comelec
could not produce such a TEC Certication until the citizens' watchdog
coalition AES Watch insisted on April 28th (in a news conference) that the
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