27 July 2019

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EVM Hacking Legal Notice sent to Foreign Companies who make microchips for EVM

EVM Hacking Legal Notice sent to Foreign Companies who make microchips for EVM

Saturday, 27 July, 2019

As per media reports four foreign companies make the microchips for the electronic voting machines (EVMs) used in the Indian lower house elections

Maharashtra -Pune-based activist Maruti Bhapkar has issued legal notice through noted lawyer and rights activist Asim Sarode to the Arizona-based Microchip Technology Inc. and Renesas Electronics headquartered in Tokyo on the alleged EVM manipulation in the recent general election

Advocate Sarode told to the Hindu that we have sent legal notice to two of these reputed firms He said that if the firms did respond to their notice by disclosing their contracts, then the precise nature of their work assigned to them by the ECI could be ascertained. “By studying these agreements or contracts, we can also determine the degree of interference - if any - of such firms in the electoral process

The firms were engaged in making microchips for the EVMs used in the election, it makes them suspects in any alleged electoral fraud that may have been committed.

They have demanded that the firms publicly disclose copies of their agreements or contracts made with the Election Commission of India (ECI)

Mr. Sarode said Article 324 mandated the ECI to conduct elections under their superintendence, directions and control. “Under such a constitutional provision, there is no scope for outsourcing the work of conducting elections to any individual or company if this mandatory government responsibility is assigned to any non-governmental company, then it tantamount to illegal activity.” Use of EVMs in the election process was nothing less than “a white collar crime,” he alleged.

The very fact that the ECI had set up teams to probe mismatch between Voter Verifiable Paper Audit Trail (VVPAT) slips and the EVM count demolished the infallibility of EVMs

In future if required they will file a court case in U.S. or Japan also. They will approach foreign courts in the U.S. or Japan with a view to initiating legal proceedings against any wrongdoers

Mr. Sarode further said the Supreme Court in Germany, along with courts in a number of countries, had ruled that voting through EVM was unconstitutional. “The use of voting machines to electronically record votes and electronically ascertain election results only meets the constitutional requirements if the voting process and the final
Result can be ascertained and examined reliably and without any specialist knowledge of the subject.”

Mr. Bhapkar said, “The EVMs used in the Lok Sabha election have microchips made by foreign firms given the number of reasonable doubts raised over EVM tampering in the recent Lok Sabha election, these firms become suspects in any election fraud committed through electronic machines until proven otherwise.” The companies could help dispel lingering suspicion over the EVMs by exhibiting copies of their contract in the public domain.

He has also sent a legal notice to the Chief Election Commissioner for alleged breach of constitutional mandate as given in Article 324 of the Constitution

On December 17, 2017 Janata Ka Reporter, reported following –
As per the microchip manufacturer, Microchip Inc., their products are open to hacking, tampering and cloning. That, as per the manufacturer’s deposition in the US Court of Law, sharing of machine code (object code) is akin to sharing source code of a computer programme. The EC’s claims that the source code is protected is, therefore, also false.

The manufacturer Microchip Tech Inc’s declaration in the US Court in 2002, it said that the source code and object code were “two representations of the same computer program.

Source code usually must be compiled, or interpreted, into object code before it can be executed by a computer. Object code can also be decompiled into source code. Source code and object code are “two representations of the same computer program. “

Lok Sabha = Lower House

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Tags – Legal Notice EVM Machine USA Japan Advocate Sarode Maruti Bhapkar Pune Maharashtra