Full Disclosure mailing list archives

Re: Hacker suspect says his PC was hijacked


From: Michael Sierchio <kudzu () tenebras com>
Date: Sun, 12 Oct 2003 08:47:31 -0700

Steve Wray wrote:
Will "Knowingly allowing a computer under your control to remain in an exploitable state" become a crime?
(if it isn't already...)

It may already be.  Certainly it exposes one to civil liability --
if an incident or event was foreseeable,  there's certainly
negligence, or the common law doctrine of maintaining an
attractive nuisance.  In the case of a computer owned by
a business entity, you might expect (in the US) Sarbanes-Oxley and GLBA
to be relevant -- failure to adhere to a standard of due care,
etc. etc.

Failure to adhere to the consensus best practice may mean you
are implicitly stating that you've agreed to accept the liability
for the result.

--

"Well," Brahma said, "even after ten thousand explanations, a fool is no
 wiser, but an intelligent man requires only two thousand five hundred."
                - The Mahabharata

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