There are some interesting issues being raised: <snip>
1) Researcher R finds a security hole in vendor V's product. 2) R attempts to contact V to reveal the bug. 3) V does not respond. 4) R attempts communication several times over the next 90 days, but never receives a response. 5) R releases an advisory. 6) Attacker A writes an exploit for the hole, and uses it to hack into company C. 7) C successfully sues V for several million dollars compensation. Does V still have the right to sue R? If vendors are made liable for security holes, and those vendors have the right to sue the people who find advisories and / or release exploits, then we'll be seeing security researchers on the wrong end of multi-million dollar lawsuits. I'm sure I'm not the only person who feels uncomfortable about this. Buffer overflow exploits are not difficult to write; it doesn't come down to whether there's exploit code or just an advisory. </snip> [RS] Lets assume that contracts and licensing are not defunct of liability. Providing that the security vulnerability is reported to the vendor, the vendor should immediately verify the claims and inform all its licensed clients. In most cases many vulnerabilities could be mitigated with certain other efforts, whilst not as efficient or reduce business functionality, may reduce the risk, until a patch is available. The business would decide if the risk is acceptable to continue business or would defer risk by either reducing functionality (stopping services etc) or completely stop until a patch (in the event the IDS picked something up). Just because a vulnerability is detected in a service one is using does not necessarily mean my server has to be placed off line. However, I would expect a patch if I intend to use that feature in the future. In such cases, businesses are fully aware of risk of doing business, can apply some vague quantitative measure of risk and understand the risk model. If the client was not notified, after the vulnerability was published (not the exploit), businesses affected by the security hole, could sue the vendor. The vendor may have chosen not to inform it's clients of the potential security problem, and thus did not do its due diligence. I believe this would be a better model of controlling and enabling full disclosure. Thus, the vulnerability owner would notify a vendor, and following the guidelines, give 30 days for client notification (assume 30, could be anything noted..). The Vendor must notify clients to take precautionary action. If vendor refuses to notify clients, and clients discover additional risk, and/or potential damage litigation can be a consequence. [Seems very similar to other product warranties et al ?? ...] <snip> IMHO, vendors SHOULD be responsible for security holes. However, before that can be done there needs to be some kind of law put in place to protect the researchers who find the holes. Doesn't need to be much, just a blanket law that if the researcher has taken reasonable steps to alert the vendor, they cannot be held liable for the consequences of releasing the advisory. If that doesn't happen, things are going to get messy. </snip> [RS] I must admit that the legal system in this country is not proactive, very reactive and very heavily fraught with strange laws. The introduction of laws and regulations to prevent reverse engineering is just step to remove full disclosure. The onus should be placed back in to liability and insurance. Preventing discovery is not the answer. If Full Disclosure was covered by some government classification as to require adequate and official steps, liability is placed on both hands of the vulnerability. The author would be required to follow the steps, informing the vendor and then releasing an advisory and then potentially the exploit. Whilst the vendor must be required to notify licensees / clients prior to the advisory and then follow up with a patch. Secondly, just because one person has discovered the flaw doesn't mean others do not know about it. Hence, it is vital that vendors treat advisories as high priority issues and must assume that potential criminals could use those vulnerabilities. It doesn't seem much to stretch the Homeland office for security to regard commerce systems as "Infrastructure" and hence bind researchers and vendors to an agreement. The only sticky part is if a vendor fails to take note and the advisory and exploits are released. In such a case the department of HLS could be involved in high level cases, i.e. large scale potential. This is just a sketch and there are numerous possible obstacles, but it certainly beats the current rogue view of many members who regard FD a terrible thing. Cheerio r. Richard Scott INFORMATION SECURITY Best Buy World Headquarters 7075 Flying Cloud Drive Eden Prairie, MN 55344 USA The views expressed in this email do not represent Best Buy or any of its subsidiaries
