VIA EMAIL VR Systems, Inc. Mindy Perkins, Chief Executive Officer c/o Michael L. Weisel, Esq. April 18, 2019 Re: Request for assurance regarding network and product security. Dear Ms. Perkins: I write seeking immediate assurance by VR Systems, Inc. (“VR Systems”) regarding the security of its network and the electronic poll book product marketed as “EViD.” The U.S. Department of Justice today released a redacted copy of the Report on the Investigation into Russian Interference in the 2016 Presidential Election by Special Counsel Robert S. Mueller III (the “Report”). Today’s release follows the July 2017 indictment against 12 Russian nationals for their alleged roles in computer hacking conspiracies aimed at interfering in the 2016 U.S. elections (the “Indictment”). U.S. v. Viktor Borisovich Netyksho, et al (1:18-cr-215, District of Columbia). The Special Counsel’s Report and Indictment state that Russian cyber actors in 2016 targeted a vendor of software systems used to verify voter registration information—identified as “Vendor 1” in the Indictment1 and in redacted form [ ] in the Report.2 Specifically, today’s Report indicates that Russian intelligence successfully “installed malware on the company network,” which “permitted the GRU to access the infected computer,” along with “at least one Florida county government.”3 See e.g., Indictment at Paragraphs 73 through 76. See e.g., Report at 50 through 51. 3 Id at 51. 1 1 2 In your legal action against our Agency, VR Systems, Inc. v. State Board, 17 BOE 7136 (dismissed), your company served responses to discovery in March 2018, including the following: In response to Interrogatory No. 9, asking that you describe how VR Systems would know whether a breach or successful phishing attack occurred, the company responded as follows: VR Systems went on to describe its investigation into the “Russian spear phishing campaign” in 2016, by responding to Interrogatory No. 11 as follows: 2 The response to Interrogatory No. 11 went on to explain that “[t]his failure by the cyber actors prevented any access to genuine VR System’s [sic] email or password information,” and the response to Interrogatory No. 24 states “[t]o VR Systems’s knowledge, EViD has never been hacked.” Our Agency understands that information continues to come to light regarding aggressive cyber operations against the United States during the 2016 election cycle; we are sympathetic to the possibility that VR Systems has gained new information since March 2018; and it is possible that you may represent that VR Systems is not the vendor referenced in the Indictment or today’s Report. The Agency requests that VR Systems provide immediate, written assurance regarding the security of your network and the EViD product by (1) confirming whether VR Systems or its agent is “Vendor 1” referenced in the Indictment at Paragraph 73 and/or in the Report at page 51 as the “voting technology company that developed software . . . to manage voter rolls”; (2) indicating whether VR Systems believes its responses to discovery remain accurate, given any new information it has received; and (3) providing representations to the State Board of Elections regarding the present security of VR Systems’ network and the EViD product. Please provide your response to legal@ncsbe.gov. Thank you for your prompt attention to this matter. Sincerely, Josh Lawson General Counsel 3