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RE: Ethical Advice



Title: Re: Ethical Advice
Spaf,
 
I am not sure if you know Rob, but he is a good kid.  He is an undergrad and I am sure your taking time to answer him means a lot to him.
 
Hope you are well.
 
Melissa

From: Gene Spafford [mailto:spaf@xxxxxxxxxxxxxxxxx]
Sent: Fri 7/22/2005 10:07 AM
To: rrmorton@xxxxxxxxxx
Cc: Dark, Melissa Jane
Subject: Re: Ethical Advice

Rob,

Unless there is imminent, significant danger to individuals or 
society that you can mitigate by "whistle blowing" then you should 
stay with your contractual obligations.   To publish a vulnerability 
that the vendor is unlikely to fix, that exposes many companies to 
harm, and that would expose your employer to legal action would be a 
far greater wrong than you might otherwise be able to fix.

If your employment agreement allows you to make a private report to 
the US-CERT about the vulnerability, then you should do so.   
Otherwise, if your employment agreement allows you to relate the 
problem privately, without naming companies involved, to another, 
then you can tell me about it when you return and I will notify the 
US-CERT and the vendor.   Otherwise, you should simply resign 
yourself to the fact that business often works this way.

I would make sure that you do what you can to ensure that what you 
found gets into any written report that goes to the client.  They 
should be aware of your findings.  Of course, what they do with that 
information is up to them.   Same goes for your employer -- make sure 
you document it for them, at least as part of your report and be sure 
to brief your supervisor.  You have fulfilled your duty at that point 
to your employer, and to your client.  The obligation then extends to 
your employer to try to get a fix in place, and that will remain even 
after you return to school.

Unfortunately, this situation is not uncommon in the "real world."   
In most cases, going public can only result in more harm that it 
fixes -- and in particular, it can cause you considerable personal 
harm.   The only time you should consider going against the system is 
when you know someone is going to suffer greater harm if you don't 
immediately disclose the information.  And even then, you have to be 
willing to take the consequences -- which may include lawsuits and 
establishing a reputation that some other companies might find negative.

I hope that helps!
--spaf