"We have met the enemy, and he is us."

One word: Disclaimer
All commercial products will have a disclaimer stating they are not
responsible for any breaches in security. In addition, freeware products
will have an AS-IS with no implied guarantee or warranty disclaimer.

Essentially, unless you have a security provider with a contract that
indicates responsibility, the people responsible are you.

M. Dante Mercurio, CCNA, MCSE+I, CCSA
Consulting Services Manager
Continental Consulting Group, LLC

www.ccgsecurity.com <http://www.ccgsecurity.com> 

[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> 



> -----Original Message-----
> From: Hall, Duane [mailto:[EMAIL PROTECTED]] 
> Sent: Monday, January 28, 2002 11:09 AM
> To: [EMAIL PROTECTED]
> Subject: Legal problem - IDS - Commercial Vs Open Source.
> 
> 
> I have been a lurker to this mail-list for quite a while, so 
> here it goes.  I have come across an issue asked by 
> management about IDS products.  They are asking about the 
> legality issues.  
> 
> For instance:
> 
> If we have a breaking and are using a commercial IDS product 
> and the IDS software doesn't catch it, do you have any legal 
> recourse against the commercial product vendor? Can you sue 
> them for not catching the intrusion.  My thinking is NO. I'm 
> sure the software license agreement takes care of this.
> 
> The same is asked if we decide to use an open source product, 
> like Snort.  I have said the same.
> 
> I tried to give an example, for instance Microsoft.  If some 
> one breaks into a Windows server, no one but the 
> administrator is responsible. You can't sue Microsoft, 
> because you didn't apply a patch or weren't watching the server.
> 
> Does anyone have any articles or case studies to support my 
> thinking.? Any help would be appreciated.
> 
> Duane Hall
> 
> **************************
> Duane Hall
> Security Administrator
> Hastings Entertainment, Inc.
> 806-351-2300 X-3945
> [EMAIL PROTECTED]
> 
> 

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