SiliconValley.com is running an AP wirestory on the Swarthmore/Diebold scandal (Diebold threatens publishers of leaked electronic-voting documents). Perhaps this story is finally going to break in the mainstream press and get the attention it deserves.

Of particular interest in this story are the following paragraphs:

Company spokesman Mike Jacobsen said the fact that the company sent the cease-and-desist letters does not mean the documents are authentic -- or give credence to advocates who claim lax Diebold security could allow hackers to rig machines.

"We're cautioning anyone from drawing wrong or incomplete conclusions about any of those documents or files purporting to be authentic," Jacobsen said.

Hmmmm ... Well, according to the DMCA, a proper notice-and-takedown letter must include (among other things) the following:

• Sufficient information to identify the copyrighted works [17 USC 512(c)(3)(A)(iv)]
• A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [17 USC 512(c)(3)(A)(v)]

If the documents aren't authentic, then how can Diebold meet these burdens?

Unfortunately, this isn't as clear cut an issue as it should be, since one doesn't have to be too specific about which documents need to be taken down. Diebold can essentially claim that most of the documents (the non-incriminating ones) are copyrighted and that they don't have to show which specific documents need to be taken down, particularly if the archive file contains many documents. However, if various individuals post only a handful of the most incriminating documents ... then Diebold would be forced to claim that the documents were authentic, if they want those specific documents removed.