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Cindy A. Cohn, Esq. SBN 145997)Wendy Seltzer,Esq.
ELECTRONIC FRONTIER FOUNDA nON454 Shotwell S1reet
SanFrancisco,CA 94110Telephone: (415) 436-9333xl08Facsimile: (415) 436-9993Attorneys or PlaintiffONLINE POLICY GROUP
6.78910
JenniferStisaGranick, Esq. SBN 168423)STANFORD LAW SCHOOL
CENTER FOR INTERNET & SOCIETY559 Nathan Abbott Way
Stanfo~ CA 94305-8610Telephone: (650) 724-0014Facsimile: (650) 723-4426Attorneys for PlaintiffsNELSON CHU PA VLOSKY and LUKETHOMAS SMITH
112UNITED STATESDISTRICf COURT13FOR THE NORTHERNDISTRICT OF CALIFORNIA14
ONLINE POLICY GROUP, NELSON CHUPA VLOSKY , and LUKE THOMAS SMITH.
No.
15
))
6
Plaintiffs,) DECLARAnON OF NELSON CHU) PA VWSKY IN SUPPORT OF) PLAIN'CD'j!"S APPLICA nON FOR) TEMPORARY RESTRAINING ORDER) AND FOR PRELIMINARY INJUNCnON
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v,
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DIEBOLD, INCORPORATED,andDIEBOLD ELECrlON SYSTEMS,INCORPORATED,
19
)0Defendants.21
.>
22
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I, Nelson Chu Pavlosky,declareunderpenalty of perjury that the following is true and 24correct:25
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am a sophomoreat Swarthmoream a plaintiff in the above-captioned ase27College.am nineteenyearsold. My address s 500 College Avenue, Swarthmore,Pennsylvania
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-1-PA S 0
PLAINTIFFS' APP FOR TRO AND FOR PRELIM INJUNCfION
 
119081. I have not yet declareda major.
I am one of two foundingmembers f the Swarthmore oalition or the Digital
2.
My friend Luke Smithand conceived
Commons hereinafter SCDC"), a studentorganization.
The first official meetingof the SCDCwasthe idea for the SCDC n the summerof 2003,September 4, 2003.The SCDC s not currentlychartered ith Swarthmore, lthough plan on5
submitting a charterapplication or the SCDC as soon as Swarthmore's tudentgovernmentbegins
6The SCDC s not currently unded,but a charter7
acceptinga new round of charter applications.would bring funding.On October21,2003, our organizationpostedon our web page e-mail archives hat
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3,
appearedo be from Diebold employees iscussingproblemswith the company's electronicvoting
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machine. One day later, the college administration told us that they had received a letter from11Diebold claiming that we were infringing their copyright by posting thesee-mail archives and the
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schooldisabled nternetaccesso the e-mail archiveson October22, 2003
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The SCDC s dedicated o promoting a bottom-up,participatory structure or society
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4.
The groupwas nspired
nd culture characterized y the free and open exchangeof infonnation.
5
by the Electronic Frontier Foundation,LaurenceLessig, CreativeCommons,and he Free Software
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The SCDC is also dedicated to fmding a balance between the growth of newFoundation.The SCDC choosesprojects from thistechnologiesand the interestsof creatorsand consumers.
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general nterestarea or studentmembers o research nd discuss.
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network,
warthmoreathe
CDC
,
Theoperates
website
on0a
<http://scdc.sccs.swartmore.edu>,hat describes he organization's goals and mission, notifies
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membersand nterested tudentsof upcomingmeeti!1gs, nd publishesarticles and facts relating to 22The SCDC site also provides links to resources,
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the free and open exchangeof infonnation.including newspaperarticles and other websites. SCDC studentmembers, ncluding myself, post
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information and add inks to this website. Swarthmore rovides nternet connectivity o studentsas
2S
a service ncluded n Swarthmore's$36,000a year uition fee.26am particularly interested n open standards n voting andAs a first-time voter,7
6.discussed CDCstudying he ssueof voting ransparencys early as he first SCDCmeeting. I -2-
DECLARATION OF NELSON cfiu PA VLOSKY IN SUPPORT OFPLAINTIFFS' APP FOR TRO AND FOR PRELIM INJUNCTION
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was nterestedn exploringa non-proprietary r open-sourceoting systemas an alternative o 2I worry that
oting technologies developed by private companieswith proprietary interests.
3
election resultsmay dependon voting technologies evelopedn secret. I believe hat the only way
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the public can know if voting softwareworks the way it should s if they can see ts sourcecode.
s
Otherwise,he future of our nationdepends n a business'sepresentationhat their product s
6accurateenough o use as a voting system
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7.
I
first heard about the Diebold employeee-mail archives from friends in another
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Swarthmore student organization, Why-War? The Why-War? website contained links to the
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Diebold e-mail archives. I immediately ecognized he significanceof thesee-mail archives o the
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SCDC's mission. The e-mail archives .xposed laws in Diebold voting machines hat could affect
1
felt that making the e-mail archivesavailablewas a unique opportunity
he outcome of elections,
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for the SCDC to infOmt people about how closed electronic voting could hurt the democratic13
I thought he e-mail archiveswould help
rocessby possibly producing false election results
14peopleevaluate system y which manywill exercise neof their most undamentalights-the
ISright to Yote.The following excerpts rom the e-mail archives llustrate my concern:
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"Elections are not rocket science.Why is it so hard to get things right! I have neverbeenat any other company hat hasbeenso miss [sic] managed." [source:http://chroot.net/s/lists/announce.w3archive/200110/msgOOOO2.html18"I needsomeanswers!Our department s being auditedby the County. 1 have been waiting for someone o give me an explanationas o why Precinct216 gaveAl Gore a minus 16022 when it was uploaded.Will someoneplease explain this so that 1have he nformation to give the auditor nsteadof standinghere "looking dumb.'"'[source:http://chroot.net/s/lists/support.w3archive/20011/msg00068.html]
19202122
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In early October, learned hat Diebold had askedWhy-War's off-campus nternet
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serviceprovider to disable access o the Diebold e-mail archives. In response,membersof Why-
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War? and other nterestedSwarthmore tudents eganhosting he e-mail archiveson their personal 2SThe SCDCowever, bandwidth issues made hosting on personal sites impracticable.ites.
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decided o preservepublic access o these e-mail archives by hosting the e-mail archives on its27website on the SwarthmoreCollege Computing Society server. SCDC put up the e-mail archives
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DECLARA: A Y IN S
PLAINTIFFS' APP FOR TRO AND FOR PRELIM INJUNCTION
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