Full Disclosure mailing list archives
Re: Responsible disclosure: terms and conditions
From: Paul Vixie <paul () redbarn org>
Date: Sun, 08 Jun 2014 04:03:09 -0700
Pedro Ribeiro wrote:
... I am not a lawyer, so I would like everyone's opinion (lawyer or not) on whether this would actually provide any protection.
i am not a lawyer either. i started MAPS, the first anti-spam company, in 1997 or so, and became the most-sued person i know. i may be the most-sued person you'll ever know. and i've been sued by some experts. so:
I had this idea of making Terms & Conditions that you would send to a vendor prior to disclosing the vulnerabilities. The vendor (or someone responsible) would have to accept these terms by replying to your email and only then you would reveal the vulnerabilities. If they didn't accept, you would release them to the public (full disclosure) immediately.
this is concerning, for two reasons. first, for enforceability, a contract requires exchange of consideration. what's yours? i can see that the vendor is receiving something of value (the disclosure) but it's not clear what you're getting in return beyond the opportunity to have your good deeds go unpunished. absence of a negative does not amount to a positive in the eyes of the law. you're also treating this as a one-off. i suggest you make it continuous, and make continuity be a value they are trading for. so, make this a relatively standard bilateral NDA stating the violation by them will result in (a) cancellation of the NDA, (b) unwillingness by you to enter into another NDA with them for three years, and (c) naming and shaming them for who they are and what they did, over on slashdot. it's generally good text other than these structural matters. you'll want a real lawyer to look at it before you try to use it, and maybe before you process my suggestion above. we have two non-practicing lawyers in the computer security field, david dagon and anne mitchell. let me know if you'd like an introduction to either. vixie _______________________________________________ Sent through the Full Disclosure mailing list http://nmap.org/mailman/listinfo/fulldisclosure Web Archives & RSS: http://seclists.org/fulldisclosure/
Current thread:
- Responsible disclosure: terms and conditions Pedro Ribeiro (Jun 08)
- Re: Responsible disclosure: terms and conditions Paul Vixie (Jun 08)
- Re: Responsible disclosure: terms and conditions Daniel Wood (Jun 08)
- Re: Responsible disclosure: terms and conditions Dave Warren (Jun 08)
- Re: Responsible disclosure: terms and conditions Daniel Wood (Jun 09)
- Message not available
- Re: Responsible disclosure: terms and conditions Paul Vixie (Jun 08)
- Re: Responsible disclosure: terms and conditions coderman (Jun 09)
- Re: Responsible disclosure: terms and conditions Paul Vixie (Jun 08)
- Re: Responsible disclosure: terms and conditions Paul Vixie (Jun 08)
- Message not available
- Re: Responsible disclosure: terms and conditions Pedro Ribeiro (Jun 08)
- <Possible follow-ups>
- Re: Responsible disclosure: terms and conditions codeinject.org (Jun 08)
- Re: Responsible disclosure: terms and conditions Paul Vixie (Jun 08)
- Re: Responsible disclosure: terms and conditions Paul Vixie (Jun 08)
- Re: Responsible disclosure: terms and conditions Paul Vixie (Jun 08)