Abstract

We examine the potential role of source code disclosure and open source code requirements in promoting technical improvements and increasing transparency of voting systems. We describe the ``enclosure of transparency'' of voting technology that has occurred over the course of United States' electoral history, recent efforts to increase transparency and the level of access that is needed for effective evaluation of computerized voting systems. We then examine the benefits and risks of open and disclosed source code regimes for voting systems, regulatory and market barriers to disclosed or open source code in voting systems, existing open source business models sectors that might translate to the voting systems context and alternatives that might exist outside of public disclosure of source code. We conclude that disclosure of full system source code to qualified individuals will promote technical improvements in voting systems while limiting some of the potential risks associated with full public disclosure and that moving incrementally in this area is both a more realistic goal and the prudent course given that it will yield many benefits and greatly minimizes potential risks.