I've been pushing contractual requirements for ISVs at work (academic medical 
center with a $1B+ revenue hospital), particularly in the lengthy negotiations 
last winter with our new clinical information system vendor (the software 
license alone will cost us about $100M).  

In a nutshell:
- <me> "What secure coding practices do you use in your development process, 
e.g. source control, code reviews, use of static analysis tools, preferred 
libraries, training, a/v scanning on the gold master, etc?"
- <vendor> "huh?"
- After about 5 hours of this spread over 3 negotiating sessions, as part of 
months of overall negotiations, I eventually had to give up on the issue 
because the $100M train was leaving the barn with or without my requirements, 
and the vendor wasn't willing to concede more than "our software is compatible 
with your Symantec A/V". 
        
The good news is that coworkers now regularly come to me during vendor 
selection to ask about security requirements for contract negotiations, and 
we've succeeded in getting security provisions added to more recent contracts, 
but they haven't been in the code assurance area ( e.g. "vendor agrees to add 
AD auth support" and "vendor agrees their software meets HIPAA regulations 
regarding electronic signatures" ). Next time I'll start beating the drum 
earlier with my coworkers so that the issue can be placed at a higher priority, 
with more people pushing on the vendor. Things creep forward...

I see from the previously-posted http://news.com.com/2100-1002_3-5220488.html 
that Ounce Labs is trying to push it along:
"announced on Tuesday that it had created a boilerplate contract addendum that 
holds software makers responsible for guaranteeing the security of their 
software." 


On Fri, Jun 09, 2006 at 02:32:16PM -0400, Jeremy Epstein wrote:
> panel session where representatives from a couple of companies not in the
> software/technology business claimed that they're making contractual
> requirements in this area (i.e., that vendors are required to assert as part
> of the contract what measures they use to assure their code).  So I guess
> there's proof by construction that companies other than Microsoft & Oracle
> care.
>  
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