Listed below are the deficiencies of the Smartmatic AES in clear violation of RA 9369 and the Terms of Reference

(TOR) of Comelec’s Bid Requirements 1. Fake Ballot Detection – Automatic detection by PCOS as the voted Ballot is submitted for scanning removed. 2. Manual UV Scanning- practically not done in the Field 3. PCOS Sealing – Hash Code comparison step not done 4. TEC Certification – Seven components listed below were not certified. Five of them critical to the integrity of the System. a. Public Website b. KBP Server c. Central Server- Very critical d. Back-Up Central Server- Medium Critical e. Election System DNS Server - Critical f. PCOS Modem Firmware- Critical g. Ballot Production Tool – Very Critical Even if all Compensating Controls were put in place and tested before Election Day, the 7 components above should have barred the issuance of Certification. In the end, the System used on Election Day was uncertified and therefore illegal. The need to change the CF Cards in the field a few days before Election Day, made it impossible to do a re-certification (which is a mandatory need) in the few days before Election day. 5. Voter Vote Verification – Removed 6. Source Code Review – Not free and unfettered. Initially not allowed because Source Code is not owned by Smartmatic. But because of strong clamor for its review, review was allowed under very strict conditions, and under very limited time, close to Elections. 7. Digital Signature – None, disabled 8. Marks Allowed – X and Check marks disallowed 9. PCOS Scanning 99.995 % Accuracy Certification – Not done for each and all units before use in the elections. 10. CF Cards- WORM Backup Storage - CF Card is definitely NOT a WORM (Write Once Read Many Times) as required in the law and RFP-TOR, It should be a non-rewritable CD and not the rewritable CF card used which can allow results to be altered.

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