Avoiding downstream liability

Douglas Schweitzer   Today’s Top Stories   or  Other Security Stories  

Bringing Order and Security to your Mobile Workforce: Corporate Mobility Policy and Device Management Achiving Compliance Through Good Governance Enabling Identity and Security Management with Open Source Should You Install Messaging Security Software on Your Exchange Server? Death to PST: Hidden Cost of Email Mismanagement Archiving Compliance with Sunbelt Exchange Archiver Learn-Fast Guide: Software as a Service is Growing Up The Business Value of Tape Storage Computerworld Technology Briefing: An open-source path to optimal virtualization Sign up to receive Security Resource Alerts

November 4, 2004 (Computerworld) -- We've seen it before: innocent and unsuspecting organizations that have their networked computers hijacked for use as pawns in attacks against other companies' networks.
But what about when such hijacking can be averted? Is it the middleman's responsibility to prevent further dispersal of attacks? When a hacker sends a virus and/or infiltrates a system and then uses that system to break into or infect other systems, does it result in potential liability for the victim? Downstream liability is recognized as failure to secure, warn and prevent such propagation.
If your organization's computer systems are infected with a virus that's further dispersed by your employees, are you liable for damages that result? You can be if your organization was made aware of the virus's presence, for instance, if a savvy staffer runs antivirus software and discovers it or if you're notified by one of the recipients of your infected e-mail. This awareness may cause your organization to be receive blame indirectly.
Once a user or an organization is made aware that its system has been made the pawn in furthering the spread of a virus or infiltration (through being hijacked), it could become a target of legal action for having had a hand (even though not intentionally) in spreading the virus.
Certainly, an organization is negligent if it's notified that its system is being used as a launch pad for spreading a known virus and doesn't take steps to prevent further infections. While the virus writer is the one directly responsible for creating such viruses, the organizations suffering losses can be held liable for the resulting damage. An organization is more apt to have assets and resources from which litigants may recoup damages, as opposed to a hacker, who is more likely an adolescent or someone with few assets.
Aside from the ethical concerns connected with downstream liability, organizations must take into account their legal obligation to keep their systems secure. Depending upon the state in which the organization is located, there may be laws governing statutory requirements, liability avoidance and legal facilitation of prosecution for unauthorized access and use.
In an effort to protect themselves against such liability, organizations have to use appropriate antivirus defenses. With liability decided at the state level, organizations are left in a quandary, since downstream attacks can happen virtually anywhere across connected systems, without regard to traditional boundaries or borders.
In short, an organization's information systems must be kept secure, not only from a legal standpoint, but for their commercial dealings as well.

Print this Story

Send Us Feedback

E-mail this Story

Digg this Story

Slashdot this Story

Mozilla updates Firefox 3.1 with Alpha 2 build Microsoft explains Seinfeld-Windows TV ad: just a 'teaser' Mozilla: Firefox is faster than Chrome More top stories...

iPhone 3G owner sues Apple, AT&T over dropped calls, app crashes At 10, Google reiterates commitment to CIOs Analysts: Google spreading itself too thin

Microsoft warns of IE8 lock-in with XP SP3 Users of Windows XP SP3 who try out IE8 Beta 2 won't be able to uninstall either one under certain circumstances. Opinion: Why Google has lost its mojo -- and why you should care Google has gone from innovative upstart to fat-and-happy industry leader in what seems like record time. Preston Gralla explains. Review: Internet Explorer 8 Beta 2 offers some nifty new features Microsoft's latest beta of IE8 includes better tab management, new services such as Web Slices and Accelerators, and the new 'porn mode.' IT Schools to Watch 2008 These leading-edge graduate schools are moving at the pace of the IT workplace, delivering coursework that's relevant to today's IT professionals. Windows Vista A to Z Reviews, analyses, how-tos, visual tours, hot issues and predictions about Microsoft's new OS. More Continuing Coverage After 9/11: Homeland Security Apple's iPhone Ask a Premier 100 IT Leader Bill Gates steps down BlackBerry Legal Battle Data Security Breaches Electronic Voting Firefox H-1B Visas HP's Boardroom Scandal Handheld Devices Hurricane Katrina Aftermath Microsoft Legal Issues Microsoft's Vista Open Source RFID Technology SCO's Linux Fight Sarbanes-Oxley Act Spam Voice Over IP Wi-Fi Windows Meta File Vulnerability Windows XP Service Pack 3 IT Careers 2010 Four years from now, the IT field will be a vastly different place. Will you be ready? More Special Reports Premier 100 IT Leaders 2007 Best in Class 2006 Computerworld Horizon Awards 2006 Premier 100 IT Leaders 2006 Salary Survey 2007 Best Places to Work in IT 2007 IT Forecast 2007 Premier 100 IT Leaders 40 Years of Computerworld ASPs, Take Two Best Places to Work in IT 2003 Best Places to Work in IT 2004 Best Places to Work in IT 2005 Best Places to Work in IT 2006 Business Intelligence Home Runs Business Intelligence: Smarter BI Business Intelligence: The Future of BI CRM Goes Vertical CRM: Sober CRM Career Planning Guide 2005 Careers: IT Profession 2010 Computerworld Horizon Awards 2005 Data Management: Mining for Gems Data Management: Taming Data Chaos Development: Hard-Workin' Web Sites Development: New Tools New Choices Development: The New World of Application Development Development: The Web Services Tsunami Development: Web Services Hurdles Disaster Recovery: Preparing for the Worst E-commerce Grows Up E-mail/Groupware: Big Decisions Faces of Mobile IT Forecast 2006 Global Mobile Hardware: Multiple Cores, Multiple Challenges Hardware: On-Demand Un-Hyped Hardware: The Shape of Things to Come Horizon Awards: 10 Cool Cutting Edge Technologies IT Management: Guide to Managing Vendors IT Management: Navigating Global IT IT Management: Recovery Ahead IT Management: The Future of IT IT Management: The Resourceful Project Manager Innovative Technology Awards 2004 Management: Reinventing IT Microsoft in Transition Mobile/Wireless Leaders and Laggards Mobile/Wireless: The Untethered Worker Mobile/Wireless: Tiny Gadgets, Huge Costs Network Management: Taking Control Networking: Turbulence Ahead! Networking: VoIP Goes Mainstream Operating Systems: In the Slow Lane Operating Systems: Linux Goes Global Operating Systems: Should You Nix Unix? Outsourcing: Offshore Buyer's Guide Outsourcing: Outsourcing Dangers Premier 100 IT Leaders 2004 Best in Class Premier 100 IT Leaders 2005 Best in Class ROI: Do the Math! Salary Survey 2003 Salary Survey 2004 Salary Survey 2005 Security Action Plan Security: Compliance Headaches Security: Proactive Security Security: Risk and Reward Security: Tips From Security Pros Souped-up Security Storage: Battling Complexity Storage: Cheap & Secure Data Stores Storage: Stretching Your Storage Dollars Storage: The Lean Storage Machine Storage: The New Rules of Storage Storage: The Ultimate Backup Guide Supply Chain: Missing Links Supply Chain: RFID Reality Check The Business of Security Web 2.0 Security Wireless: Wireless At Work All Zones Application Performance Zone Business Continuity Zone The File Data Management Zone Security Management Zone ITIL Best Practices Zone The SAS Zone Business Intelligence and Analytics Zone Windows Protection Zone Identity & Security Management Zone See your link here

From Laggard to Leader: Transforming the Data Center From Laggard to Leader: Transforming the Data Center Register for this complimentary live webcast today! Go to the webcast  Computerworld Executive Bulletin: Building a Robust Antivirus Defense Download this Executive Bulletin (a $49.95 value) for free, compliments of MessageLabs. (Source: MessageLabs) Antivirus software alone isn't enough to prevent today's speedy, sophisticated virus attacks. Security managers should consider multitiered approaches that include behavior scanning, appliances that check e-mail for worms, and restricting user access to dangerous Web sites. Download this Executive Bulletin (a $49.95 value) for free, compliments of MessageLabs, to learn more. Download this executive briefing  Online Security Issues in Regulated Industries Download this research paper, free for a limited time, compliments of Webroot! (Source: Webroot Software) In June 2008, Computerworld invited IT and business leaders to participate in a survey on online security initiatives at their organizations. The goal of the survey was to better understand Web and e-mail security issues faced today within the regulated education, financial services, government and health care industries. The following report represents top-line results of that survey. Download this white paper  White Papers Read up on the latest ideas and technologies from companies that sell hardware, software and services. Death to PST: Hidden Cost of Email Mismanagement Extend, Replace, or Convert; which is the best way forward for COBOL Applications? The Trend from Unix to Linux in SAP Data Centers View more whitepapers

• Mozilla updates Firefox 3.1 with Alpha 2 build
• iPhone 3G owner sues Apple, AT&T over dropped calls, app crashes
• Microsoft explains Seinfeld-Windows TV ad: just a 'teaser'
• More top stories 

Security Management Zone Security management is the process of developing a comprehensive data protection plan. It takes into account all potential threats, the existing network environment, the future needs of the organization, and lays out a multi-tiered blueprint to integrate the security technology needed to combat these threats. CDW can help keep your network and data secure. Visit the CDW Security Management Zone now See All Zones

Fired up about IT? Join Sharkbait and share your true tales of IT. SharkBait is the place for you to sound off about everything IT – the good, the bad, and the rest of the weird stuff you deal with every day. New baits

Identity & Security Management Solve your compliance problems and mitigate risk. Automate, validate and enforce business governance with Novell Identity Management and Security solutions. Learn more in the Identity & Security Management Zone See All Zones

In Security Stripping away the trappings of applications, systems and networks, information is the core asset of most organizations. Our columnist describes how asserting the importance of information governance is crucial to making that asset tangible, addressable and protected. Click here to read the latest column by Jon Espenschied