[This message was posted by Mahesh Kumaraguru of  <[email protected]> to the 
"US Regulations" discussion forum at http://fixprotocol.org/discuss/48. You can 
reply to it on-line at http://fixprotocol.org/discuss/read/242e3df8 - PLEASE DO 
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Hi All,

In the context of an Computer Algorithim placing an Order and receiving its 
Trades using a FIX session where there is no human action involved in order 
creation, (humans just watch the status / performance of this Order 
dynamically), if something goes wrong in the algorithim (software bug) which 
leads to unwanted market activity in violation of some SEC law, who is held 
responsible? Is it:-

1. The Systems analyst who wrote the requirements specification.

2. The Technology architect who designed the application.

3. The programmer who wrote the code.

4. The tester who failed to find the bug.

5. The user who bought this application and connected it to a broker / market.

Common sense says it must be "5. The user", please share your views.

I once asked this question in a FIX project meeting, a senior manager said "I 
dont know what SEC does, we all shall definetly loose our jobs. So don't ask 
stupid questions to which we may not have answers. All of you make sure you do 
your respective roles fully and properly".

Regards,
K. Mahesh


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