Re: [FD] Responsible disclosure: terms and conditions

2014-06-09 Thread Daniel Wood
Should also point out that getting E&O insurance is a good idea. Daniel > On Jun 8, 2014, at 1:34 PM, Dave Warren wrote: > >> On 2014-06-08 04:03, Paul Vixie wrote: >> this is concerning, for two reasons. >> >> first, for enforceability, a contract requires exchange of >> consideration. what'

Re: [FD] Responsible disclosure: terms and conditions

2014-06-09 Thread coderman
On Sun, Jun 8, 2014 at 4:03 AM, Paul Vixie wrote: >... > 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. you have had interesting experiences! how many of these lawsu

Re: [FD] Responsible disclosure: terms and conditions

2014-06-09 Thread Eric Rand
-BEGIN PGP SIGNED MESSAGE- Hash: SHA1 This sounds like modified prisoners' dilemma to me: Prisoner 1 (the researcher): Cooperate: give information to the company Not-cooperate: deny information, release publicly Prisoner 2 (the company): Cooperate: don't sue the researcher Not-cooperate:

Re: [FD] Responsible disclosure: terms and conditions

2014-06-08 Thread Paul Vixie
coderman wrote: > On Sun, Jun 8, 2014 at 4:03 AM, Paul Vixie wrote: >> ... >> 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. > > you have had interesting experienc

Re: [FD] Responsible disclosure: terms and conditions

2014-06-08 Thread Paul Vixie
Pedro Ribeiro wrote: > On 8 June 2014 12:03, Paul Vixie wrote: > >> 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 >>

Re: [FD] Responsible disclosure: terms and conditions

2014-06-08 Thread Paul Vixie
Paul Vixie wrote: > ... > > "i wish to enter into a no-fee relationship with you wherein you will > receive certain valuable information at no monetary cost. the only > requirement you would have to meet in order to receive this and future > potentially valuable information is absolute fidelity t

Re: [FD] Responsible disclosure: terms and conditions

2014-06-08 Thread Paul Vixie
codeinject.org wrote: > any lawyer will dismiss this in court stating it was signed under duress. in my proposed model, the only recourse a researcher has against vendor nonperformance is future silence. in your scenario above the lawyer in question would be trying to argue that future silence w

Re: [FD] Responsible disclosure: terms and conditions

2014-06-08 Thread Pedro Ribeiro
On 8 June 2014 09:16, Owen Tuz wrote: > I am also not a lawyer, but think you would have serious problems getting > this to hold up in any court. > > What you're describing is equivalent to the email disclaimers used by many > businesses - "If you have received this email in error, please delete i

Re: [FD] Responsible disclosure: terms and conditions

2014-06-08 Thread codeinject.org
any lawyer will dismiss this in court stating it was signed under duress. Also it sounds an awful lot like blackmail. I think you should either make the gamble, or let a ZDI, Exodus, VUPEN etc do the disclosure on your behave. or just go full diclosure on them =)

Re: [FD] Responsible disclosure: terms and conditions

2014-06-08 Thread Dave Warren
On 2014-06-08 04:03, Paul Vixie wrote: 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 t

Re: [FD] Responsible disclosure: terms and conditions

2014-06-08 Thread Daniel Wood
Keep in mind you can always be sued. No matter what 'legal' document you may have. I'm the third down on that attrition list. This brings to mind this recent blog from John Strand: http://pen-testing.sans.org/blog/pen-testing/2014/06/04/five-things-every-pen-tester-should-know-about-working-wit

Re: [FD] Responsible disclosure: terms and conditions

2014-06-08 Thread Paul Vixie
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

[FD] Responsible disclosure: terms and conditions

2014-06-08 Thread Pedro Ribeiro
As you all know, responsible disclosure can be hard. You want to do the right thing, give the vendor some time to fix the issue, protect its customers, etc; but the first thing the vendor does is to threaten to sue / arrest / beat up / kill you. Fortunately this is happening less and less, but the