Tuesday, May 28, 2024

Whither Indian Democracy – SCI Judgement of 26th April and impossibility of EVM Audit

 The dismissal of EVM petitions was a disaster and deserves to be challenged before a larger bench; the Directions to ECI are amateurish and likely to turn into a spectacular charade – of false negatives and false positives; either way elections can get subverted; Post June 4th, with ECI of a diminished stature, India should ready itself for a chaos of charges and counter charges

 

Both the Election Commission of India (ECI) and Supreme Court of India (SCI) have fallen short, and they have imperiled the Indian democracy. The Electronic Voting Machine (EVM), created by ECI, being a “gold standard” and its existing processes being “fool-proof” are a myth SCI bought into, despite these being questioned by experts, members of civil society and multiple petitioners. ADR (Association of Democratic Reforms), the lead petitioner, was ignored for a year. Ultimately, the two-judge bench of SCI which seemed in no hurry to deliver its judgment, started hearing the ADR’s and two more tagged petitions, on 16th April, two days before 2024 General Elections commenced, and after ten days, it delivered its judgment on 26th April 2024!

The proceedings, in the court of Justices Sanjiv Khanna and Dipankar Datta were indicative of what was coming. The SCI’s two-bench order dismissed all petitions and instead offered an “EVM audit” option for the losing contestants! The “EVM audit” conditions mentioned in the order make a strange reading – the conditions render the audit technically absurd and due to the composition of audit team, quite untrustworthy. Before understanding the “EVM audit” as SCI envisages, let’s consider the much better alternatives that would have assured the integrity of elections, but were rejected.

The reliefs petitioners had sought were:

i) voter must get to satisfy himself/herself that Voter Verifiable Paper Audit Trail (VVPAT) machine has printed the correct vote slip, cut it, and dispensed it into the ballot box – such a basic assurance is NOT provided by the existing system because the vote slip viewing window with a dark glass is back lit by a lamp for merely 7 seconds during which the slip printing, cutting and dropping operations cannot be seen – only the slip is getting displayed (the limited-time-lighting of 7 seconds enables hacking by method#1 mentioned in notes which includes a demo link).

ii) 100% of the vote slips dispensed in the ballot box must be counted – as voter has no clue of the vote record that gets written into the Control Unit (CU). 

ADR’s lawyer, Prashant Bhushan cited experts, explanatory demonstrations, and reasons how hacks can happen and how it could be thwarted through the reliefs sought. But the judges on the SCI bench did not bother to ask ECI how relief (i) can be provided? The petitioner had offered multiple solutions – the simplest one was to keep the light, in the VVPAT, on until the voter could see the vote slip printed, displayed, cut AND dropped in the ballot box – at present voter can only see the slip displayed (as explained in hack method#1 in the linked notes, it could be the previous voter’s slip that gets displayed).  Nor did the judges ask ECI what were their estimates of time and cost of complying with the relief (ii)? A reasonable answer from ECI, which it ought to have volunteered, would have revealed – one or two day(s) and Rs.20 crores extra – in percentage terms: a mere 4.27% more-time and a mere 0.2% more cost (computations here).

 

Affirming their own faith in ECI and the EVM, the Justices issued directions to ECI for post-result audit of EVMs – petitioners had prayed for none of this!

SCI Judgment on EVM audits may appear to be brilliant but is highly amateurish and flawed

Post declaration of results on June 4th, following predictions can be made based on possible scenarios – INDIA loses, or BJP/NDA loses (lose means win less than 272 seats). Both scenarios will trigger massive requests for EVM audits. Since audits will be a technical absurdity and auditors untrustworthy, a maelstrom is going to hit ECI.

Directions to ECI are in para#76 on page# 37; Extracts in italics below:

a) On completion of the symbol loading process in the VVPATs undertaken on or after 01.05.2024, the symbol loading units shall be sealed and secured in a container… They shall be opened, examined and dealt with as in the case of EVMs. (b) The burnt memory/microcontroller in 5% of the EVMs, that is, the control unit, ballot unit and the VVPAT, per assembly constituency/assembly segment of a parliamentary constituency shall be checked and verified by the team of engineers from the manufacturers of the EVMs, post the announcement of the results, for any tampering or modification, on a written request made by candidates who are at SI.No.2 or Sl.No.3, behind the highest polled candidate.

At present ECI has not published any document describing details of the audit process it will follow. However, the very proposition of a post-result audit of EVM and Symbol Loading Units (SLU) in context of EVM system is a non-sequitur – you can only audit a device that is currently in the state of being hacked and not one which was hacked and sanitized before being presented for audit.

It must be assumed that hacking of EVM System will not be attempted by a run-of-the-mill hacker. At stake is national security or an election that costs Rs.1.2 trillion -even both can get entangled.

A high-level hack leaves no smoking gun behind. The way field staff commission 1.2 million EVMs (one per booth) by using SLUs over a two-week period by using 2-5 SLUs in each constituency  (which are handed over to them by the District Election Officer/Returning Officer who connects his/her laptop via Internet to ECI Central server to download the candidate data file that is then copied into SLUs), it is eminently possible to infiltrate VVPATs (Voter Verifiable Paper Audit Trail) with a self-destructive malware and then remove the malware payload from SLUs (therefore, only sanitized SLUs with the legitimate candidate data file will be sealed after poll closing in each constituency). A self-destructive malware is one which erases itself from the device’s memory upon receiving a trigger, for e.g. when “Close Polling” button is pressed by the Polling Officer on his Control Unit (CU) – the malware on the connected VVPAT will self-destruct. Therefore, after poll closing, the EVMs and SLUs sealed for the audit envisaged by SCI will all be sanitized with no evidence of any malware/hack. 

SCI’s directions have more absurdities.

Firstly, the audit should be done of the full device and not just the “burnt memory/microcontroller” because a device like VVPAT has additional programable memory. A malware can sit in the additional memory and make the machine misbehave, leaving the “burnt memory/microcontroller” intact.

Secondly, there was no compelling reason for the Justices to require the audit team to come from the manufacturers of EVMs which happen to be ECIL and BEL, enterprises which are owned by the Government. One of them has BJP members on its board. Audit could have been done by independent engineers who could have been provided healthy set of EVMs – because then they could have compared the object code running on them with the suspected EVMs and detected tampering; it was not necessary to part with source code. Any sophisticated hacker can reverse compile the object code from stolen EVMs (a RTI query had revealed that between ECI, BEL and ECIL 1.9 million EVMs are missing) and write malware to make EVM misbehave. Malware could work with multiple parameters – Constituency, Party to steal votes from, Party to favour, date, time, rate of voting etc. The misbehaviour, therefore, cannot be predicted without the knowledge of program logic and parameters used.

Read about the three types of hacks and audits necessary to catch them - here. The ballot stuffing method requires audit of time stamp of vote record in CU versus the time stamp in the printed vote slip – they must match, and they must be spaced apart by at least 15 seconds – as per ECI submissions, the maximum rate of voting designed for is 4 votes per minute.

The SCI’s directions to ECI for sealing of EVMs and SLUs commence from 1st May. So, what will happen to contestants whose constituencies’ polling finished in April?

As the SLUs do not have device IDs probably, these are not mentioned in Form17C Part I. At the close of poll, Form 17C Part I has to be filled in, duly signed by the Presiding Officer, the Polling Officer, all present Polling Agents of contestants. This form mentions all three EVM Machine IDs but there is no mention of SLU ID. If Form 17C Part I is not placed in public domain before the devices are sealed and moved, it would leave the door open for manipulation – vote count inflation, even switching the EVMs. Poonam Agarwal, an investigative journalist has interviewed polling agents who did not sign Form 17C and no one asked them to! It is confounding to find that ECI does not require the Presiding Officer to sign the Form 17C using his/her Digital Signing Certificate (DSC).

SCI directions to ECI do not mention this: The audit must include examination of signatures on Form 17C Part I and matching with machine IDs, the Total Voters – registered and votes cast. ECI portal should host a table with the columns of Constituency Name, Booth ID and Scanned Form 17C Part I duly signed by PO and DEO/RO. Form 17C Part I total vote count must match the CU total vote count. Is ECI innocent about the importance of Form 17C Part I being signed and shared with the citizens of India or there is more than meets the eye?

What would it take for ECI to share Form 17C data? Essentially zero additional manpower would be required and not more than 500GB storage space – the program to manage the data table could be written in one day, read here.

Other troubling questions:

The auditors without integrity can allow malware to be copied into SLUs and then report tampering in that constituency to please the challenger (a losing contestant). Since SLU is utilized across the constituency, will ECI declare a repoll in that constituency?

Can the ruling party with control over the auditors countermand an entire election by the simple subterfuge of arranging copying malware into a few dozen SLUs?

An abridged version of this blog was published on 24th May, 2024 in The Wire

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