At the risk of taking this off on a tangent and/or getting kicked out of the
group, but managing this sort of thing is perhaps best handled by insurance
and other risk transfer/finance vehicles--like what is available from AIG
and other carriers.

Take the risk off the balance sheet just like your company does with other
liability.

------ Original Message ------
From: Mike Duncan
Sent: 7/22/2003 12:52:36 PM
To: Ronish Mehta
Subject: Re: Microsot Liability for vulnerabilities

Ronish Mehta wrote:
> These vulnerabilities are exploited by viruses and
> hackers, and these may cause damage to our computer
> systems, and may involve additional cost
...
 > to protect ourselves against these threats, we have to
 > apply latest patches, use uptodate antiviruses.
 >

As a coder, hacker, and systems admin, I see this comment made everyday 
making the impression that it is the fault of the people who are 
actually out there doing the work to find these vulnerabilties. True, 
many are out to just make name for themselves, one way or another. But 
think about it, they DO NOT have to tell us about the problems they find 
with software/hardware (and I use that generally; not just windows). 
Think about this: the amount of trouble you are going though (perceived 
or actual) to patch systems because someone is reporting the 
problems...you can almost double the amount of problems found that are 
NOT EVEN KNOWN to the public for various reasons (i.e. Microsoft won't 
release details, the author does not want everyone to know, etc).

Although I am trying to steer around the chaos vs. 
we-are-good-and-do-not-need-hackers-reporting-software-bugs debate, I 
would really appreciate it if you g[al|uy]s really thought about the 
other side of the story. I mean, you are at the whim of several groups 
here because you have made several choices early-on about 
software/hardware (whether this be you or your company). Why would you 
think that we can live in a world where human intuition and curiousity 
(and dare I say it: kindness) of others are stiffled? Do you really 
think that blaming it on the hackers is going to stop all software bugs? 
Even if it made it so that no bugs ever hit the media, do you think you 
are really safer at night (not really you but the machines in which 
house your important infrastructure -- but I bet you got that)? Would 
you own a house (software) in a neighborhood (Internet) where the doors 
had no hings, no locks, no windows, and no security system (just wide 
open), just because the police told you there are no criminals out 
there? Would you feel right putting your valuables (company assets) in 
this house and leaving for the weekend on vacation? Just remember, 
because the hackers are telling you (or a company) about a bug, does not 
make them a criminal, just a kind neighbor (white-hat) that is trying to 
tell you you have no windows or doors and something bad is going to 
happen (probably) if you don't build some quickly.

> In a large organisation deploying patches may be a
> real headache (I know because I'm in this situation ;)
> and may involve additional cost
> 
> I was just wondering if Microsoft does not have a part
> of responsibility in all this? After all we are paying
> this company a fortune for OS and applications that
> contain vulnerabilities/bugs. 
> 
> Should we continue to pay Microsoft for its buggy
> software packages? Can we sue it for the damages that
> it can potentially cause to our company (interms of
> cost, reputation, etc)?

Its like cars, you get what you pay for. Only this time you paid enough 
for a Mercedes and got a Dodge's worth of problems. But you still have a 
choice as to what brand and model you want to buy next time.


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