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From: kudzu at tenebras.com (Michael Sierchio)
Subject: Hacker suspect says his PC was hijacked
Steve Wray wrote:
> Will "Knowingly allowing a computer under your control
> to remain in an exploitable state" become a crime?
> (if it isn't already...)
It may already be. Certainly it exposes one to civil liability --
if an incident or event was foreseeable, there's certainly
negligence, or the common law doctrine of maintaining an
attractive nuisance. In the case of a computer owned by
a business entity, you might expect (in the US) Sarbanes-Oxley and GLBA
to be relevant -- failure to adhere to a standard of due care,
etc. etc.
Failure to adhere to the consensus best practice may mean you
are implicitly stating that you've agreed to accept the liability
for the result.
--
"Well," Brahma said, "even after ten thousand explanations, a fool is no
wiser, but an intelligent man requires only two thousand five hundred."
- The Mahabharata
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