Taiwan ex-president's prison term extended






TAIPEI: Taiwan's former president Chen Shui-bian, jailed for corruption in 2009, has had his prison term extended by 18 months to 20 years due to a further bribery conviction.

Chen, 62, was already serving an 18 1/2-year term for corruption and money-laundering convictions relating to his 2000-2008 presidency -- charges he says stem from a vendetta by the current Beijing-friendly government.

The high court ruled Friday that Chen should serve the extra time for taking bribes from businessmen in a high-profile financial merger case. He was convicted of the offences in December.

Chen's wife Wu Shu-chen also saw her jail term extended to 20 years, although she has been spared from serving her sentence due to poor health.

The couple were also ordered to pay a total fine of Tw$450 million (US$15 million), the court said in a statement.

They face further charges in other cases, but legal experts say their sentences are unlikely to be extended again as individuals can only serve a maximum of 20 years in jail unless a life term is imposed.

Chen's supporters have urged the government to grant him parole for medical treatment saying he is suffering from depression and other health problems. He has been undergoing treatment in a Taipei public hospital since September.

Chen and his family have been accused of laundering millions of dollars by sending political donations and secret diplomatic funds abroad, and taking kickbacks on government contracts.

Chen insists that the charges against him are part of a politically motivated vendetta carried out by Taiwan's current government in retaliation for his eight years in power, when he promoted Taiwan's independence from China.

-AFP/fl



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Obama administration to high court: End marriage law




Edith Windsor (shown with Sen. Kirsten Gillibrand, D-N.Y., in December), is at the center of the upcoming Supreme Court case.




STORY HIGHLIGHTS


  • The Justice Department files first in a series of legal briefs involving two big cases

  • Supreme Court will hear arguments next month on Defense of Marriage Act

  • Lawyers for House GOP say they should be able to defend the marriage law in court

  • U.S. still deciding whether to intervene in second case involving California law




Washington (CNN) -- In a preview of a major constitutional showdown at the Supreme Court over same-sex marriage, the Obama administration said on Friday that a federal law denying financial benefits to legally wed gay and lesbian couples is unconstitutional.


The Justice Department filed the first of a series of briefs in a pair of cases dealing with the multilayered issue, outlining the executive branch's positions.


The high court will hear oral arguments next month on the Defense of Marriage Act (DOMA), a 1996 congressional law that says for federal purposes, marriage is defined as only between one man and one woman.


That means federal tax, Social Security, pension, and bankruptcy benefits, and family medical leave protections -- do not apply to gay and lesbian couples.


This case deals with Edith "Edie" Windsor, forced to assume an estate tax bill much larger than other married couples would have to pay. Because her decades-long partner was a woman, the federal government did not recognize the same-sex marriage in legal terms, even though their home state of New York did.


But now, led by President Barack Obama's recent political about-face, the administration opposes the law.


"Moral opposition to homosexuality, though it may reflect deeply held personal views, is not a legitimate policy objective that can justify unequal treatment of gay and lesbian people" contained in the DOMA law, Solicitor General Donald Verrilli said in the Justice Department's legal brief.




The separate case from California deals with Proposition 8, a 2008 voter-approved referendum banning same-sex marriage. This after the California high court had earlier concluded same-sex couples could legally wed. That case too will be heard in late March.


Though technically a party in the California case, government sources say the Justice Department was prepared next week to file an "amicus" or supporting brief asserting a constitutional right to same-sex marriage, and that Proposition 8 should be struck down as a violation of constitutionally guaranteed "equal protection" of the laws.


Those sources say Obama was expected to make the final call on whether to intervene in the state dispute.


"I have to make sure that I'm not interjecting myself too much in this process, particularly when we're not a party to the case," Obama said Wednesday in an interview with CNN affiliate KGO-TV in San Francisco.


Of more immediate concern was the DOMA fight, where the administration is squarely involved. But a tricky gateway or "jurisdictional" question threatens to stall any final consideration of the law's constitutionality. That was the focus of much of the Friday legal papers.


The DOMA law will be defended by House Republicans, after Obama concluded the law was unconstitutional.


Traditionally, that role would fall to the solicitor general's office. But Obama, in an election-year stunner, said last May that he supported same-sex marriage.


The president had already ordered Attorney General Eric Holder not to defend DOMA in court. That raised the question of whether any party could rightfully step in and defend the law.


Besides the constitutional issue, the justices had specifically ordered both sides to argue a supplemental question: whether congressional Republicans -- operating officially as the Bipartisan Legal Advisory Group of the U.S. House of Representatives -- have "standing" or legal authority to make the case.


Lawyers representing the House GOP said Friday that they should be able to take the lead and defend the law, since both Windsor and the Obama administration are taking the same legal position.


"Without the House's participation," said attorney Paul Clement, representing House leaders, "it is hard to see how there is any case or controversy here at all. Both Ms. Windsor and the executive agree that DOMA is unconstitutional and that Ms. Windsor was entitled to a [tax] refund. And the lower courts granted them all the relief they requested. Only the House's intervention provides the adverseness that Article III [federal court jurisdiction] demands."


But the Justice Department said it alone should present the government's case.


"House Republicans lack "any basis for supplanting the executive branch's exclusive role in representing the United States' interests in this litigation, and has no interests of its own that would satisfy" federal court scrutiny, said administration lawyers.


Windsor's legal team also said the House leaders could defend DOMA, at least partially, suggesting the woman wants ultimate resolution on the constitutional questions as soon as possible.


"I was devastated by the loss of the great love of my life, and I was also very sick, then had to deal with pulling together enough money to pay for the taxes," the 83-year-old Windsor told CNN recently. "And it was deeply upsetting."


The story of Edith and Thea


That fundamental unfairness, as Windsor and her supporters see it, is at the center of DOMA legal fight.


In November, three states -- Maryland, Washington, and Maine -- approved same-sex marriage, adding to the six states and the District of Columbia that already have done so. Minnesota voters also rejected an effort to ban such unions through a constitutional amendment.


As more states legalize same-sex marriage, one of the key questions the justices may be forced to address is whether a national consensus now exists supporting the idea of expanding an "equal protection" right of marriage to homosexuals.


A bill known as the Respect for Marriage Act is working its way through Congress and would repeal DOMA.


That law does not prohibit states from allowing same-sex marriages, but it also does not force states to recognize them from other states. Most of the current plaintiffs are federal workers, who are not allowed to add their spouses to health care plans, and other benefits.


Many other states, including New Jersey, Illinois, Delaware, Rhode Island and Hawaii, have legalized domestic partnerships and civil unions for such couples -- a step designed in most cases to provide the same rights of marriage under state law.


But other states have passed laws or state constitutional amendments banning such marriages. California's Proposition 8 is the only such referendum that revoked the right after lawmakers and the state courts previously allowed it. That makes it a somewhat unique legal case for review by the justices.


The DOMA cases are U.S. v. Windsor (12-307) and Bipartisan Legal Advisory Group of the U.S. House of Representatives v. Windsor (12-785).







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Pentagon grounds F-35 fleet after engine crack found

Updated 9:03 PM ET

WASHINGTON The Pentagon on Friday grounded its fleet of F-35 fighter jets after discovering a cracked engine blade in one plane.

The problem was discovered during what the Pentagon called a routine inspection at Edwards Air Force Base, Calif., of an F-35A, the Air Force version of the sleek new plane. The Navy and the Marine Corps are buying other versions of the F-35, which is intended to replace older fighters like the Air Force F-16 and the Navy F/A-18.

All versions -- a total of 51 planes -- were grounded Friday pending a more in-depth evaluation of the problem discovered at Edwards. None of the planes have been fielded for combat operations; all are undergoing testing.

In a brief written statement, the Pentagon said it is too early to know the full impact of the newly discovered problem.

A watchdog group, the Project on Government Oversight, said the grounding is not likely to mean a significant delay in the effort to field the stealthy aircraft.

"The F-35 is a huge problem because of its growing, already unaffordable, cost and its gigantically disappointing performance," the group's Winslow Wheeler said. "That performance would be unacceptable even if the aircraft met its far-too-modest requirements, but it is not."

The F-35 is the Pentagon's most expensive weapons program at a total estimated cost of nearly $400 billion. The Pentagon envisions buying more than 2,400 F-35s, but some members of Congress are balking at the price tag.

Friday's suspension of flight operations will remain in effect until an investigation of the problem's root cause is determined.

The Pentagon said the engine in which the problem was discovered is being shipped to a Pratt & Whitney facility in Connecticut for more thorough evaluation.

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Cyberattacks Bring Attention to Security Reform











Recent accusations of a large-scale cyber crime effort by the Chinese government left many wondering what immediate steps the president and Congress are taking to prevent these attacks from happening again.


On Wednesday, the White House released the administration's Strategy on Mitigating the Theft of U.S. Trade Secrets as a follow-up to the president's executive order. The strategy did not outwardly mention China, but it implied U.S. government awareness of the problem.


"We are taking a whole of government approach to stop the theft of trade secrets by foreign competitors or foreign governments by any means -- cyber or otherwise," U.S. Intellectual Property Enforcement Coordinator Victoria Espinel said in a White House statement.


As of now, the administration's strategy is the first direct step in addressing cybersecurity, but in order for change to happen Congress needs to be involved. So far, the Cyber Intelligence Sharing and Protection Act (CISPA) is the most notable Congressional legislation addressing the problem, despite its past controversy.


Last April, CISPA was introduced by House Intelligence Committee Chairman Mike Rogers, R-Mich., and Rep. Dutch Ruppersberger, D-Md. The act would allow private companies with consumer information to voluntarily share those details with the NSA and the DOD in order to combat cyber attacks.






Peter Parks/AFP/Getty Images







The companies would be protected from any liabilities if the information was somehow mishandled. This portion of the act sounded alarm bells for CISPA's opponents, like the ACLU, which worried that this provision would incentivize companies to share individuals' information with disregard.


CISPA passed in the House of Representatives, despite a veto threat from the White House stemming from similar privacy concerns. The bill then died in the Senate.


This year, CISPA was reintroduced the day after the State of the Union address during which the president declared an executive order targeting similar security concerns from a government standpoint.


In contrast to CISPA, the executive order would be initiated on the end of the government, and federal agencies would share relevant information regarding threats with private industries, rather than asking businesses to supply data details. All information shared by the government would be unclassified.


At the core of both the executive order and CISPA, U.S. businesses and the government would be encouraged to work together to combat cyber threats. However, each option would clearly take a different route to collaboration. The difference seems minimal, but has been the subject of legislative debates between the president and Congress for almost a year, until now.


"My response to the president's executive order is very positive," Ruppersberger told ABC News. "[The president] brought up how important information sharing is [and] by addressing critical infrastructure, he took care of another hurdle that we do not have to deal with."


Addressing privacy roadblocks, CISPA backers said the sharing of private customer information with the government, as long as personal details are stripped, is not unprecedented.


"Think of what we do with HIPAA in the medical professions; [doctors do not need to know] the individual person, just the symptoms to diagnose a disease," Michigan Gov. John Engler testified at a House Intelligence Committee hearing in an attempt to put the problem into context.






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Obama a marker on post-racial path




Donna Brazile says Black History Month is a time to note crossroads the nation has faced.




STORY HIGHLIGHTS


  • Donna Brazile: Black History Month themed crossroads, "tied to two pivotal U.S. events

  • Emancipation Proclamation, March on Washington were crossroads, she says

  • She says crossroad decisions are threaded along U.S. road to post-racial society

  • Brazile: We're not there yet, but re-election of Obama a harbinger




Editor's note: Donna Brazile, a CNN contributor and a Democratic strategist, is vice chairwoman for voter registration and participation at the Democratic National Committee. She is a nationally syndicated columnist, an adjunct professor at Georgetown University and author of "Cooking with Grease." She was manager for the Gore-Lieberman presidential campaign in 2000.


(CNN) -- Politicians and historians love to use the word "crossroads."


It's become as American, and cliched, as "Mom's apple pie." The historian Shelby Foote, wrote, "The Civil War defined us as what we are and it opened us to being what we became, good and bad things. ... It was the crossroads of our being, and it was a hell of a crossroads."


I have been thinking about the word, because this year's Black History Month theme is "At the Crossroads of Freedom and Equality: The Emancipation Proclamation and the March on Washington." Two pivotal events that shaped modern American history.


A "crossroads" is literally the intersection of two or more roads -- two or more paths to get to the same place. Metaphorically, it refers to the place -- the moment -- of a critical decision. Shall we go forward together? Shall we separate? Shall we fight?



Donna Brazile

Donna Brazile



We mark history's crossroads not by road signs but by the documents that identify them. The Declaration of Independence is certainly one. Who has not memorized the opening of the second paragraph? "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness."


Political philosopher John Locke's original term was, "Life, liberty, and property." Thomas Jefferson borrowed the phrase, changing "property" to "the pursuit of happiness." He understood that "happiness" -- being significant -- was more important than property, and that a "right to property" too often meant a "right" to own someone else, i.e. slavery.


Locke rejected the "divine right of kings." He argued instead that God invested each person with an innate equality -- the right to be on this Earth and to be free -- free to pursue dreams. On the way to his first inauguration, Abraham Lincoln stopped at Independence Hall in Philadelphia to celebrate Washington's birthday. He told the assembled crowd, "I have never had a feeling politically that did not spring from the sentiments embodied in the Declaration of Independence."



Lincoln's issuance of the Emancipation Proclamation in 1863 was another crossroads, one that required Lincoln, and the nation, to walk a long road of personal and national growth. "All men are created equal" had to take on a deeper meaning. Frederick Douglass, one of Lincoln's "guides" on his journey, later said the quality he most admired in Lincoln was his political courage.


Confederate President Jefferson Davis once acknowledged to an Atlantic Monthly writer that Lincoln's Emancipation resulted in the self-liberation of "two millions of our slaves."


A journey of a hundred years brought us to another crossroads -- the 1963 March on Washington. While "property in man" no longer existed, millions of Americans were unable to pursue their dream, or to live with full equality.










James Farmer, a leading civil rights activist who was in jail in my home state of Louisiana, sent a message to the quarter-million in attendance that summer day, saying his people would not be free "until the dogs stop biting us in the South and the rats stop biting us in the North."


Martin Luther King, Jr.'s "I Have a Dream" speech, like the Declaration, resonates. It echoes through the years in the heartbeats of Americans. The "pursuit of happiness" is more than pleasure, for we often take great pains in the pursuit. Rather, the pursuit of happiness is the freedom to pursue our dreams, to make meaning in and find the unique significance of our lives.


That is something we can only do when, in the bonds of fellowship and shared history, we nurture our dreams. The caged bird sings of freedom, but the freed bird sings of dreams. Today, we are 150 years further down the road to realizing the American creed of equality and freedom. We reached a crossroads in 2008 with the election of our first African-American president. We chose to continue on the road to a "post-racial" society.


We're not there yet. But in 2012, when we could have chosen to travel down another road, one that led to further economic inequality, we chose instead to continue the realization of equality and freedom, and to the unfettered pursuit of dreams for each American.


In some ways, the re-election of President Obama is more significant than his election four years ago. I say this not because I'm a Democrat, but because this time, the dog-whistles of racism were called out and condemned by people of faith and goodwill on both sides of the aisle.


During the next four years, we'll come to more crossroads. I pray, and believe, we will take the road to freedom and equality for each child, man and woman in America.


Follow us on Twitter @CNNOpinion


Join us on Facebook/CNNOpinion


The opinions expressed in this commentary are solely those of Donna Brazile.






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Man charged with outraging modesty of girl






SINGAPORE: A man has been charged with outraging the modesty of a 16-year-old girl.

Toh Boon Cheong, 52, is accused of rubbing his groin area against the girl's hip on board the MRT train travelling from Choa Chu Kang station to Bukit Gombak station.

The alleged incident occurred on 15 January, at about 6:50am.

If convicted, Toh faces up to two years' jail and caning.

- CNA/ck



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Rapper among dead in Las Vegas shooting, crash






STORY HIGHLIGHTS


  • NEW: Kenneth Cherry Jr., a rapper known as Kenny Clutch, was killed, his lawyer says

  • Gunfire and a fiery crash kill 3 in the heart of Las Vegas Strip

  • Casino visitor describes seeing "fireball" from Caesars Palace

  • Police are looking for a black Range Rover Sport with large black rims




Las Vegas (CNN) -- A shooting and a fiery crash left three people dead in the neon heart of the Las Vegas Strip on Thursday, and police scrambled to find out who triggered the carnage.


The bloodshed closed the Strip for about a block and a half around some of its biggest draws, leaving tourists gaping at a wrecked Maserati, a burned-out taxi and four other vehicles.


"First time in Vegas, and then, like, the whole thing, what you know from movies only -- I was shocked," Christine Gerstenberger, who was visiting the desert gambling mecca from Germany, said Thursday afternoon. She and her brothers debated going back to the hotel "because I'm totally scared," but "We're too curious," she said.


See iReporter's video of fire


One of those killed was Kenneth Cherry Jr. -- a rapper also known as Kenny Clutch -- his attorney Vicki Greco said. According to his Facebook page, Cherry is from Oakland, California, and lived in Las Vegas.


Cherry's death was shocking, Greco said.


"Out of everyone I know in the rapping industry there is no way I would have ever, ever expected to find that he was shot on the Las Vegas strip in such an aggressive manner," said Greco, who said Cherry had two kids. "He didn't have a (criminal) record or a history. He was just a good kid trying to make it and be a good father."




Four of the Nevada city's biggest casinos -- Caesars Palace, the Bellagio, Bally's and the Flamingo -- are nearby, and police collected surveillance-camera video from them to help the probe.


It started around 4:20 a.m. with a dispute in the valet lot of the Aria Hotel, about a block away, Sheriff Douglas Gillespie said. Investigators haven't confirmed the cause of the altercation, but he said it spilled onto the street as someone in a black Range Rover Sport fired several shots at the Maserati as it headed north on Las Vegas Boulevard.


When the driver was hit, the Maserati continued into the intersection of the boulevard and Flamingo Road and collided with a taxi, which caught fire. The sports car's driver, the cab driver and a passenger in the taxi all died; a passenger in the Maserati and three other people in the resulting pileup were hurt, Gillespie said.


The Maserati's passenger and other witnesses are helping detectives piece together what happened, he said. And the "top priority" for police is to find the Range Rover, which sped away from the intersection, and those inside it when the shooting happened.


"This act is totally unacceptable, and we are going to make a very clear message to these individuals in regards to that," Gillespie said.


Police in neighboring states have been asked to look for the sport-utility vehicle, and Gillespie warned the occupants should be considered armed and dangerous.


"Clearly, the suspects have no regard for the lives and safety of others," he said.


The Range Rover had an out-of-state dealer plate, tinted windows and large, black rims, Las Vegas Police Sgt. John Sheahan said.


The block around the crash remained closed off into Thursday afternoon. John Lamb, who was inside Caesars Palace, told CNN affiliate KLAS he heard the commotion and saw the taxi on fire from a window.


"There was a loud bang, and I hear two other booms. I looked out my window at Caesars Palace ... and could see the fireball," he told KLAS.


Man kills 3, himself in Southern California shooting


CNN's Cristy Lenz, Matt Smith, Tom Watkins, Jason Hanna and Deanna Hackney contributed to this report.






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Japan identifies some Boeing 787 problems

TOKYO Japanese investigators have identified the causes of fuel leaks and other problems with Boeing's 787 but are still investigating the more serious battery problem that forced an emergency landing in January and the worldwide grounding of the jets.

The Transport Ministry on Friday released the results of its investigation into problems that occurred with 787 Dreamliner jets in January.

It said an oil leak was caused by an improper paint job that led to a switch not working properly, while inadequate taping led to cracks in cockpit glass, and a faulty part led to braking problems.

Boeing 787 jets have been grounded for more than a month. Boeing and U.S. authorities are also investigating.

Japan Airlines and All Nippon Airways are among the biggest customers for the jets.

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Arias Challenged On Pedophilia Claim












Accused murderer Jodi Arias was challenged today by phone records, text message records, and her own diary entries that appeared to contradict her claim that she caught her ex-boyfriend, Travis Alexander, looking at pictures of naked boys.


Arias had said during her testimony that one afternoon in January 2008, she walked in on Alexander masturbating to pictures of naked boys. She said she fled from the home, threw up, drove around aimlessly, and ignored numerous phone calls from Alexander because she was so upset at what she had seen.


The claim was central to the defense's accusation that Alexander was a "sexual deviant" who grew angry and abusive toward Arias in the months after the incident, culminating in a violent confrontation in June that left Alexander dead.


Arias claimed she killed him in self-defense. She could face the death penalty if convicted of murder.


Catching Up on the Trial? Check Out ABC News' Jodi Arias Trial Coverage


Today, prosecutor Juan Martinez, who has been aggressive in questioning witnesses throughout the trial, volleyed questions at her about the claim of pedophilia, asking her to explain why her and Alexander's cell phone records showed five calls back and forth between the pair throughout the day she allegedly fled in horror. Some of the calls were often initiated Arias, according to phone records.








Jodi Arias Doesn't Remember Stabbing Ex-Boyfriend Watch Video









Jodi Arias Murder Trial: Testimony About Ex's Death Watch Video









Arias on Ex-Boyfriend's Death: 'I Don't Remember' Watch Video





She and Alexander also exchanged text messages throughout the afternoon and evening at a time when Arias claims the pedophilia incident occurred. In those messages they discuss logistics of exchanging one another's cars that night. Alexander sends her text messages about the car from a church social event he attended that night that she never mentioned during her testimony.


Arias stuck by her claim that she saw Alexander masturbating to the pictures, and her voice remained steady under increasingly-loud questioning by Martinez.


But Martinez also sparred with Arias on the stand over minor issues, such as when he asked Arias detailed questions about the timing and order of events from that day and Arias said she could not remember them.


"It seems you have problems with your memory. Is this a longstanding thing? Since you started testifying?" Martinez asked.


"No it goes back farther than that. I don't know even know if I'd call it a problem," Arias said.


"How far back does it go? You don't want to call them problems, are they issues? Can we call them issues? When did you start having them?" he asked in rapid succession. "You say you have memory problems, that it depends on the circumstance. Give me the factors that influence that."


"Usually when men like you or Travis are screaming at me," Arias shot back from the stand. "It affects my brain, it makes my brain scramble."


"You're saying it's Mr. Martinez's fault?" Martinez asked, referring to himself in the third person.


"Objection your honor," Arias' attorney finally shouted. "This is a stunt!"


Timeline of the Jodi Arias Trial


Martinez dwelled at one point about a journal entry where Arias wrote that she missed the Mormon baptism of her friend Lonnie because she was having kinky sex with Alexander. He drew attention to prior testimony that she and Alexander used Tootsie Pops and Pop Rocks candy as sexual props.


"You're trying to get across (in the diary entry) that this involved a sexual liaison with Mr. Alexander right?" he asked. "And you're talking about Tootsie Pops and Pop Rocks?"


"That happened also that night," Arias said.


"You were there, enjoying it, the Tootsie Pops and Pop Rocks?" he asked again, prompting a smirk from Arias.


"I enjoyed his attention," Arias said.






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How secure is the papal election?




The Conclave of Cardinals that will elect a new pope will meet in the Sistine Chapel in Vatican City.




STORY HIGHLIGHTS


  • Bruce Schneier: Rules for picking a new pope are very detailed

  • He says elaborate precautions are taken to prevent election fraud

  • Every step of the election process is observed by people who know each other

  • Schneier: Vatican's procedures, centuries in the making, are very secure




Editor's note: Bruce Schneier is a security technologist and author of "Liars and Outliers: Enabling the Trust Society Needs to Survive." In 2005, before the conclave that elected Pope Benedict XVI, Schneier wrote a piece on his blog about the process. This essay is an updated version, reflecting new information and analysis.


(CNN) -- As the College of Cardinals prepares to elect a new pope, security people like me wonder about the process. How does it work, and just how hard would it be to hack the vote?


The rules for papal elections are steeped in tradition. John Paul II last codified them in 1996, and Benedict XVI left the rules largely untouched. The "Universi Dominici Gregis on the Vacancy of the Apostolic See and the Election of the Roman Pontiff" is surprisingly detailed.


Every cardinal younger than 80 is eligible to vote. We expect 117 to be voting. The election takes place in the Sistine Chapel, directed by the church chamberlain. The ballot is entirely paper-based, and all ballot counting is done by hand. Votes are secret, but everything else is open.



Bruce Schneier

Bruce Schneier



First, there's the "pre-scrutiny" phase.


"At least two or three" paper ballots are given to each cardinal, presumably so that a cardinal has extras in case he makes a mistake. Then nine election officials are randomly selected from the cardinals: three "scrutineers," who count the votes; three "revisers," who verify the results of the scrutineers; and three "infirmarii," who collect the votes from those too sick to be in the chapel. Different sets of officials are chosen randomly for each ballot.


Each cardinal, including the nine officials, writes his selection for pope on a rectangular ballot paper "as far as possible in handwriting that cannot be identified as his." He then folds the paper lengthwise and holds it aloft for everyone to see.


When everyone has written his vote, the "scrutiny" phase of the election begins. The cardinals proceed to the altar one by one. On the altar is a large chalice with a paten -- the shallow metal plate used to hold communion wafers during Mass -- resting on top of it. Each cardinal places his folded ballot on the paten. Then he picks up the paten and slides his ballot into the chalice.


Pope may change rules to allow earlier election


If a cardinal cannot walk to the altar, one of the scrutineers -- in full view of everyone -- does this for him.




If any cardinals are too sick to be in the chapel, the scrutineers give the infirmarii a locked empty box with a slot, and the three infirmarii together collect those votes. If a cardinal is too sick to write, he asks one of the infirmarii to do it for him. The box is opened, and the ballots are placed onto the paten and into the chalice, one at a time.


When all the ballots are in the chalice, the first scrutineer shakes it several times to mix them. Then the third scrutineer transfers the ballots, one by one, from one chalice to another, counting them in the process. If the total number of ballots is not correct, the ballots are burned and everyone votes again.


To count the votes, each ballot is opened, and the vote is read by each scrutineer in turn, the third one aloud. Each scrutineer writes the vote on a tally sheet. This is all done in full view of the cardinals.


The total number of votes cast for each person is written on a separate sheet of paper. Ballots with more than one name (overvotes) are void, and I assume the same is true for ballots with no name written on them (undervotes). Illegible or ambiguous ballots are much more likely, and I presume they are discarded as well.


Then there's the "post-scrutiny" phase. The scrutineers tally the votes and determine whether there's a winner. We're not done yet, though.


The revisers verify the entire process: ballots, tallies, everything. And then the ballots are burned. That's where the smoke comes from: white if a pope has been elected, black if not -- the black smoke is created by adding water or a special chemical to the ballots.



Being elected pope requires a two-thirds plus one vote majority. This is where Pope Benedict made a change. Traditionally a two-thirds majority had been required for election. Pope John Paul II changed the rules so that after roughly 12 days of fruitless votes, a simple majority was enough to elect a pope. Benedict reversed this rule.


How hard would this be to hack?


First, the system is entirely manual, making it immune to the sorts of technological attacks that make modern voting systems so risky.


Second, the small group of voters -- all of whom know each other -- makes it impossible for an outsider to affect the voting in any way. The chapel is cleared and locked before voting. No one is going to dress up as a cardinal and sneak into the Sistine Chapel. In short, the voter verification process is about as good as you're ever going to find.


A cardinal can't stuff ballots when he votes. The complicated paten-and-chalice ritual ensures that each cardinal votes once -- his ballot is visible -- and also keeps his hand out of the chalice holding the other votes. Not that they haven't thought about this: The cardinals are in "choir dress" during the voting, which has translucent lace sleeves under a short red cape, making sleight-of-hand tricks much harder. Additionally, the total would be wrong.


The rules anticipate this in another way: "If during the opening of the ballots the scrutineers should discover two ballots folded in such a way that they appear to have been completed by one elector, if these ballots bear the same name, they are counted as one vote; if however they bear two different names, neither vote will be valid; however, in neither of the two cases is the voting session annulled." This surprises me, as if it seems more likely to happen by accident and result in two cardinals' votes not being counted.


Ballots from previous votes are burned, which makes it harder to use one to stuff the ballot box. But there's one wrinkle: "If however a second vote is to take place immediately, the ballots from the first vote will be burned only at the end, together with those from the second vote." I assume that's done so there's only one plume of smoke for the two elections, but it would be more secure to burn each set of ballots before the next round of voting.


The scrutineers are in the best position to modify votes, but it's difficult. The counting is conducted in public, and there are multiple people checking every step. It'd be possible for the first scrutineer, if he were good at sleight of hand, to swap one ballot paper for another before recording it. Or for the third scrutineer to swap ballots during the counting process. Making the ballots large would make these attacks harder. So would controlling the blank ballots better, and only distributing one to each cardinal per vote. Presumably cardinals change their mind more often during the voting process, so distributing extra blank ballots makes sense.


There's so much checking and rechecking that it's just not possible for a scrutineer to misrecord the votes. And since they're chosen randomly for each ballot, the probability of a cabal being selected is extremely low. More interesting would be to try to attack the system of selecting scrutineers, which isn't well-defined in the document. Influencing the selection of scrutineers and revisers seems a necessary first step toward influencing the election.


If there's a weak step, it's the counting of the ballots.


There's no real reason to do a precount, and it gives the scrutineer doing the transfer a chance to swap legitimate ballots with others he previously stuffed up his sleeve. Shaking the chalice to randomize the ballots is smart, but putting the ballots in a wire cage and spinning it around would be more secure -- albeit less reverent.


I would also add some kind of white-glove treatment to prevent a scrutineer from hiding a pencil lead or pen tip under his fingernails. Although the requirement to write out the candidate's name in full provides some resistance against this sort of attack.


Probably the biggest risk is complacency. What might seem beautiful in its tradition and ritual during the first ballot could easily become cumbersome and annoying after the twentieth ballot, and there will be a temptation to cut corners to save time. If the Cardinals do that, the election process becomes more vulnerable.


A 1996 change in the process lets the cardinals go back and forth from the chapel to their dorm rooms, instead of being locked in the chapel the whole time, as was done previously. This makes the process slightly less secure but a lot more comfortable.


Of course, one of the infirmarii could do what he wanted when transcribing the vote of an infirm cardinal. There's no way to prevent that. If the infirm cardinal were concerned about that but not privacy, he could ask all three infirmarii to witness the ballot.


There are also enormous social -- religious, actually -- disincentives to hacking the vote. The election takes place in a chapel and at an altar. The cardinals swear an oath as they are casting their ballot -- further discouragement. The chalice and paten are the implements used to celebrate the Eucharist, the holiest act of the Catholic Church. And the scrutineers are explicitly exhorted not to form any sort of cabal or make any plans to sway the election, under pain of excommunication.


The other major security risk in the process is eavesdropping from the outside world. The election is supposed to be a completely closed process, with nothing communicated to the world except a winner. In today's high-tech world, this is very difficult. The rules explicitly state that the chapel is to be checked for recording and transmission devices "with the help of trustworthy individuals of proven technical ability." That was a lot easier in 2005 than it will be in 2013.


What are the lessons here?


First, open systems conducted within a known group make voting fraud much harder. Every step of the election process is observed by everyone, and everyone knows everyone, which makes it harder for someone to get away with anything.


Second, small and simple elections are easier to secure. This kind of process works to elect a pope or a club president, but quickly becomes unwieldy for a large-scale election. The only way manual systems could work for a larger group would be through a pyramid-like mechanism, with small groups reporting their manually obtained results up the chain to more central tabulating authorities.


And third: When an election process is left to develop over the course of a couple of thousand years, you end up with something surprisingly good.


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The opinions expressed in this commentary are solely those of Bruce Schneier.






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