RE: CRIME Senator Hatch - Destroy file swappers' computers

From: Christiansen, John (SEA) (JohnC@private)
Date: Thu Jun 19 2003 - 11:01:30 PDT

  • Next message: Crispin Cowan: "Re: CRIME Senator Hatch - Destroy file swappers' computers"

    Two responsive comments and then I need to do some work!
    
    1. The fact that actually prevailing practices do not include widespread
    implementation of previously identified safeguards (e.g., patching) doesn't
    necessarily make that the standard of care. Where the cost of implementing a
    safeguard is reasonably low and the harm it could prevent is predictable and
    reasonably material, the fact that most of the industry doesn't bother will
    not prevent *you* from being liable if a judge decides the industry practice
    isn't reasonable - a well-established legal concept.
    
    2. Technical contacts should be attempted as one of the first lines of
    action. If they are responsive that ought to fix the problem. But experience
    teaches they aren't always responsive, so what to do then? This is where
    "rules of engagement" might specify, for example, that you cannot
    legitimately escalate to self-help without trying this route first, and
    having it fail.
    
    John R. Christiansen
    Preston | Gates | Ellis LLP
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    -----Original Message-----
    From: Seth Arnold [mailto:sarnold@private]
    Sent: Thursday, June 19, 2003 10:44 AM
    To: crime@private
    Subject: Re: CRIME Senator Hatch - Destroy file swappers' computers
    
    
    On Thu, Jun 19, 2003 at 09:55:46AM -0700, Christiansen, John (SEA) wrote:
    > legal matter the "innocence defense" - or "inattentive and clueless
    defense"
    > - at some point turns into the *negligence liability* which might justify
    > intervention. 
    
    There are far too many "0-day" exploits for me to take this seriously.
    http://news.com.com/2100-1002-995834.html?tag=lh
    http://www.alw.nih.gov/Support/Security_Notices/Oct30.sshcrc32.html
    
    Yeah, there are a lot of folks who don't patch their systems right away,
    but frequently, they've learned -not- to!
    http://lwn.net/Articles/15497/
    http://www.miami.com/mld/miamiherald/business/5953698.htm
    http://www.spinics.net/lists/kernel/msg171866.html
    
    > defendant's systems to be taken over to attack plaintiff's network). The
    > question then is, if I could get a court order to stop harmful activity,
    can
    > I stop it myself without one?
    
    Wouldn't it be far easier to just contact the abuse@ contact for the ISP
    and the technical contact for the netblock in question, and have them
    fix the problem legitimately on their end, once for all?
    
    -- 
    "[Attorney General] Ashcroft went to the University of Chicago Law School
    -- a very good law school -- but the Bill of Rights never quite reached
    him." -- Nat Hentoff
    



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