A New Way for Voting in American Elections: Addressing the Patentability of a Blockchain Mail-in Voting System
| Publication year | 2021 |
A New Way for Voting in American Elections: Addressing the Patentability of a Blockchain Mail-in Voting System
Brandon D. Waller
bdw41122@uga.edu
A New Way for Voting in American Elections: Addressing the Patentability of a Blockchain Mail-in Voting System
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A NEW WAY FOR VOTING IN AMERICAN ELECTIONS: ADDRESSING THE PATENABILITY OF A BLOCKCHAIN MAIL-IN VOTING SYSTEM
Brandon D. Waller*
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I. INTRODUCTION...........................................................................................235
II. BACKGROUND.............................................................................................236
A. WHAT IS BLOCKCHAIN?.....................................................................236
1. Blockchain Storage......................................................................237B. USPS'S BLOCKCHAIN VOTING SYSTEM..........................................239
2. Blockchain Security......................................................................237
3. Example of a Blockchain System..............................................238
III. ANALYSIS......................................................................................................240
A. GOVERNMENT'S RIGHT TO PATENT...............................................240
B. BLOCKCHAIN PATENABILITY...........................................................240
1. Step 1 of 2-part test.....................................................................241
2. Step 2 of 2-part test.....................................................................244
IV. CONCLUSION................................................................................................246
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On March 13, 2020, President Trump declared a national emergency in response to the emergence of the COVID-19 virus spreading in America, and by March 19, 2020, California issued the first stay at home order.1 With COVID-19 came widespread anxiety about going into public spaces for fear of contracting the novel virus.2 This anxiety would lead to many questions regarding the Congressional and Presidential elections for 2020.3
There had been much debate about how to carry out the 2020 elections during this novel time, and a faction of the population were fearful of gathering in public at election polls.4 A substantial amount of people wished for an election consisting primarily of mail-in voting ballots that utilized the United States Postal Service (USPS).5 Opponents to this plan argued that this type of mass mail-in voting is a recipe for disaster that would inevitably lead to fraud and delayed election results.6 Additionally, the USPS was doubted by many that it could carry out this huge task effectively and efficiently.7
The USPS, however, looked to prove it was up for the job by developing an idea that could revolutionize future elections.8 The USPS filed a patent to use
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blockchain voting technology with mail-in voting to carry out a safe and efficient election.9
This Note contends that the USPS application blockchain patent application should be granted. The use of blockchain in this way is an innovative use of the already existing technology and despite blockchain being well-known, the proposed use turns it into an inventive concept that is patentable. Additionally, public policy further justifies its grant as it is in the interest of maintaining safe and secure elections.
A. WHAT IS BLOCKCHAIN?
"Blockchain [technology] creates a transaction ledger database that is secured by cryptography and shared by a distributed network of computers. The blockchain software records and stores every transaction that occurs on the computer network."10 This definition sounds overwhelming, but the name "blockchain" itself is somewhat self-explanatory. That is, digital blocks that each have unique pieces of information stored on them and these blocks are then linked to more blocks creating a chain of blocks.11
A prevalent example of blockchain technology usage is that of Bitcoin and other similar cryptocurrencies.12 Blockchain technology can also be applied in areas like money transfers, supply chain management, healthcare, and other record management applications just to name a few.13 Relevant information, for whatever the purpose of the blockchain, is stored on each block.14 The blocks that make up this chain of information each contain a unique code referred to as a "hash."15 The hash that is given to each block "creates a unique 'fingerprint' from the block's information . . . [t]he hash of the previous block is included, along with the new block's hash, verifying that the chain contains valid entries."16
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1. Blockchain Storage
Blockchain ledgers are often stored across many computer systems instead of just one centralized base.17 Each computer system that adds to the blockchain maintains a copy of the blockchain as well.18 The "spreading [of] that information across a network of computers makes the information more difficult to manipulate. With blockchain, there isn't a single, definitive account of events that can be manipulated. Instead, a hacker would need to manipulate every copy of the blockchain on the network."19 The transaction processing of the blockchain can be done by anybody who has access to a computer, allowing anybody to download the blockchain and add to it.20 This system, as described, is commonly referred to as a decentralized system; however, some blockchains systems operate through a centralized system, and many businesses and governments that use blockchain will do so with a centralized storing method.21 These entities choose this type of system because "[a]ccess to a centralized blockchain is restricted, with only known participants being permitted to process and view records on the blockchain . . . [t]he advantage of centralized blockchains is that they can currently process records and transactions at a higher speed, and with a lower energy cost, than decentralized blockchains."22
2. Blockchain Security
Blockchain offers an ideal means for storing information without the threat of somebody hacking in and changing the information being stored. To change the information contained in the blockchain, a potential hacker would need to change individual blocks along with all the blocks linked to it in order to avoid detection.23 Additionally, the blocks are secured through the hash marks that create a unique fingerprint for each block thus acting "as a personal digital signature. If a record is altered, the signature will become invalid and the peer network will know right away that something has happened."24
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Blockchains utilizing a decentralized network are difficult to hack because they are continually updated and stored across many systems around the world and "don't have a single point of failure and cannot be changed from a single computer."25 In order to hack into and change a blockchain, a "massive amount[] of computing power" is required as the majority of the blockchain must be accessed and altered simultaneously.26 Hacking a centralized system poses challenges as well. "If a hacker tampers with one block, causing a new hash to be created, the hash of all following blocks in the chain must also be recomputed for the tampered block to be valid."27
Additionally, many blockchain networks implement tests called "consensus models" whereby the user requesting to add blocks must prove their identity to the system.28 Bitcoin uses the common system called "proof of work" that requires the computer to solve a complex mathematical problem before being granted access to add a block.29 A proof of work system does not make hacking impossible. Rather, the system makes it an overwhelming task as a hacker "would need to control more than 50% of all computing power on the blockchain so as to be able to overwhelm all other participants in the network."30
3. Example of a Blockchain System
A goal of blockchain is to allow information to be added but to protect against past information being edited.31 One of the first well-known applications of blockchain came about with the development of Bitcoin, which was built using a blockchain system.32 Bitcoin uses a decentralized network that is "immutable, which means that the data entered is irreversible. For Bitcoin, this means that transactions are permanently recorded and viewable to anyone."33 Individual transactions are recorded on the blockchain to make it possible to trace each transaction and to ensure that someone is not spending bitcoins they do not own or to make copies of a Bitcoin.34
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B. USPS'S BLOCKCHAIN VOTING SYSTEM
The COVID-19 pandemic caused an increased demand for mail-in voting as 37 states saw mail-in voting ballots account for half of all votes cast in the 2020 primary election.35 A major argument, however, against using mail-in voting is the doubt that it can be done without inducing some sort of fraud.36
The USPS sought to provide a means to carry out a more secure mail-in voting system.37 The USPS filed for a patent with the United States Patent and Trademark Office for a blockchain voting system that could be used in United States elections.38 Specifically, the USPS states in its patent application:
A voting system can use the security of blockchain and the mail to provide a reliable voting system. A registered voter receives a computer readable code in the mail and confirms identity and confirms correct ballot information in an election. The system separates voter identification and votes to ensure vote anonymity, and stores votes on a distributed ledger in a blockchain.39
The voter receives the readable code and then will either use this code to access the online system, or the voter will fill out a mailed ballot and submit a picture of the ballot to the blockchain system using the code.40 By assigning each voter a unique code to access the blockchain, this ensures that no voter...
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