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Contractor Folds After Causing Breaches

talkinsecurity writes "A single contractor, privately-held Verus Inc., has been traced as the source of no less than five hospital security breaches in the past two months — and those breaches have put the company out of business in a matter of weeks. Verus, which managed the websites of as many as 60 of the country's largest hospitals, has folded its entire business within the past few weeks, without a word to anyone. Apparently, a single IT error led to the exposure of at least five hospitals' patient data — at least 100,000 individuals' personal information — and caused Verus' primary investor to pull the plug. The hospitals, which initially reported their breaches separately, were left with no one to sue."

59 of 274 comments (clear)

  1. And that's the problem with corporations by Overzeetop · · Score: 5, Interesting

    Nobody is held accountable for the actions of a corporation. The board of directors and all officers should be held personally liable.

    (I happen to own a corporation, however as a professional engineer, I am also personally liable for everything which goes out the door.)

    --
    Is it just my observation, or are there way too many stupid people in the world?
    1. Re:And that's the problem with corporations by grogdamighty · · Score: 4, Insightful

      Ah, so the board of directors should be sued for all of their personal assets in order to pay for Joe Coder's mistake in leaving a backdoor opens. How many people do you think would start up businesses if they knew mistakes made by any employee could bankrupt them?

      --
      My other sig is funny.
    2. Re:And that's the problem with corporations by Raul654 · · Score: 2, Insightful

      Engineers are legally responsible for all of the design decisions that go into their work. I see no reason now to hold corporate shills - erm, CEOs and other board members - to the same standard.

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
    3. Re:And that's the problem with corporations by deftcoder · · Score: 4, Informative

      A judge can reinstate a business for the duration of a trial though, even if it was dissolved (with no objections) through the normal channels.

      Just because your business was officially dissolved (through the Secretary of State's office) doesn't mean that you're off the hook for bad shit you pulled.

      If an employee or contractor was found to be negligent or acting outside of their role within the corporation, they can be found personally liable. That usually results in employee/contractor suing the business and vice versa.

      American business law is very interesting.

      --
      Peace sells, but who's buying?
    4. Re:And that's the problem with corporations by Applekid · · Score: 4, Interesting

      I think you missed the point. If Engineers are legally liable for their work that can put people at risk, perhaps Programmers should be legally liable for their work that can put people at risk. Maybe instead of figuring out how to line their pockets with money with their "certifications," Novell, Microsoft, Cisco, et al. could pool resources and lobby for a legally-weighty certification for Software Engineers much conventional Engineers already have. Perhaps an Engineer could enlighten me on the history of how those things evolved for them.

      You could have a Class-C license to code and that would mean you know how to develop without buffer-overrun vulnerabilities, SQL-injection vulnerabilities, things like that. A top Class-A license to architect secure designs and robust inter-system communications.

      CEOs and board members only know how to run a company: you know, management, budgets, allocations, etc. I'd be very surprised if Widgets, Inc. CEOs know the exact procedure and design decisions that lead to Widget Model 3928 being the way it is.

      Of course, the court system will help determine whether it was a renegade programmer or whether board-imposed policies and procedures lead to the hiring of an unlicensed one.

      --
      More Twoson than Cupertino
    5. Re:And that's the problem with corporations by Raul654 · · Score: 2, Insightful

      How many thousands of people lost their life savings when Enron folded? (Days before the end, the CEOs and other higher ups were selling their stock like it was on fire, while other investors - mostly employees of the state of California - were locked-out and unable to sell their holdings). What about MCI/Worldcom? What about ValueJet, which had dozens of safety violations prior to the crash of Flight 592 and for which the company was later indicted on 100+ counts of murder? What about Power Fasteners, which did such a shoddy job of constructing the Big Dig that the roof collapsed and killed someone (they were also indicted). What about ExonMobile, which (as a result of its operations 1888-present) is responsible for something like 5-8% of all global warming and will almost certainly face future lawsuits about it? Corporations can and willingly cause massive destruction on a global scale. They destroy lives, but they are ultimately a legal fiction created for the purpose of shielding the true decision makers from the legal liability of their decisions.

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
    6. Re:And that's the problem with corporations by Gorshkov · · Score: 2, Informative

      Aren't these the same directors who (for Enron, Worldcom/MCI, Adelphia Communications, etc) claimed that they had no idea that their companies were operating deeply in the red and that their quarterly earnings reports weren't worth the paper they were printed on? These are the same people who go before congress and suddenly develop very bad memories.
      No, they're different directors. That lot WAS jailed - and they were jailed because of THEIR decisions, not those of their underlings.
    7. Re:And that's the problem with corporations by SillySlashdotName · · Score: 2, Insightful

      CEOs and their cohorts make very good money to direct and lead their companies, but they are not personally responsible for the results of their leadership and direction.

      Boards of Directors are supposed to be outside overseers who make sure those INSIDE the company are not blinded by internal goals and policies or politics; they are PAID to provide an outside view and unbiased viewpoint.

      My point is that there is already several layers of 'leadership' that are supposed to be providing adhearance to standards, rules, and laws, and that those layers are WELL paid for that function. I don't see a hugh additional burden in making them legally responsible for performing (or not performing) their function.

      Hold them responsible for Joe Coder's mistake? No, but the company should be responsible for ensuring that Joe Coder can not - through stupidity, incompetence, or accident - do something like the article and destroy the company/corporation. If safeguards are not in place, then SOMEONE should be responsible for the screwup, and the BoD and CEO, COO, CIO, etc SHOULD BE held responsible for not having safeguards in place.

      "We hired the best coder minimum wage could buy and turned them loose without any oversight" is not sufficient to absolve them of responsibility, at least in my mind.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    8. Re:And that's the problem with corporations by Opportunist · · Score: 2, Insightful

      Let me clue you in how this works in many corporations.

      The lot that makes up the top level management is usually small. You know each other. You see each other on various occasions. Doesn't it strike you as odd that every time some manager needs to "take a break" because his blunders were too obvious that miraculously someone from abroad comes in to take over? Guess what he did there. He needed a break.

      The group is small and very selective who it allows into its ranks. You don't just get a ton of degrees from various business schools and then suddenly get an invitation to a talk whether you should be the next CEO of Siemens or Bosch.

      This group, now, forms the whole lot. The CEO, the board, the whole levels and circles meant to control each other. And if you behave, next time you may be the CEO.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    9. Re:And that's the problem with corporations by Phanatic1a · · Score: 4, Insightful

      Reality check : Most programmers are under commercial pressures from managers and customers.

      Reality check: Most engineers are under commercial pressures from managers and customers. That doesn't mean that if my boss wants me to use paper clips instead of my recommendation of high-tensile steel bolts, I'm on firm ethnical ground saying "Okay, paper clips it is." I have a professional, ethical responsibility to not build shoddy product. Don't programmers?

    10. Re:And that's the problem with corporations by DrgnDancer · · Score: 2, Informative

      In those cases the executives in question committed criminal acts and were charged with crimes. There's a difference between being punished because you did something wrong, and being punished because some goon five level down from you on the corporate chain made a dumb mistake. The OP mentions that as a professional engineer he is responsible for the action of his company, despite the fact that it is a corporation. Of course all professional engineering companies are REQUIRED to have at least one supervising professional engineer. Same with architecture firms, law firms, and lots of other "professional" companies. This is because at some point some one decided that there need to be a licensed professional personally in charge of licensed professional activities. If the board of the OP's company has members who are NOT professional engineers (unlikely and probably not legal though that is), they are NOT personally responsible if the bridge the company is building falls down (Which is why many industries ban non-professionals from even serving on the boards of professional companies.)

      If the argument is that perhaps IT should be made a legal "profession", with a certifying board to establish competency, requirements that a professional services IT company have a board certified IT professional who is responsible for the company's actions, and an expectation that large non-IT specific companies also have a board certified IT professional to manage company practices (like the legal or medical departments have certified doctors and lawyers), you might have a good idea. As it is you're asking that the members of a board of directors, who probably have no IT knowledge at all, personally pay for the actions of some guy several levels below them, who did something they probably wouldn't have even understood was bad at the time had they known he did it.

      Professional engineers are held responsible for the actions of their firms because by definition they understand and usually have to sign off on the actions of their underlings. If Bobo the rookie engineer makes some huge material strength error in his latest plans, it's OK (well not for Bobo probably, but for the company), because Bobo is by law supervised by at least one board certified professional engineer who should catch the mistake before s/he signs the plans. If the supervisor fails to catch the mistake, or if Bob the board certified engineer who works for himself makes the same mistake and signs his own plans, there is liability to the person who signed the plans. Since IT lacks any sort of professional organization to say "Sue is a certified IT professional", Sue's liability is limited to where she can be proved to have been negligent. Did she know that Bobo the rookie It guy made a mistake? who knows? Did she report it to her boss (who doesn't even have to know anything about IT to be her boss)? Who knows. Can she be sued? Maybe. Can her Boss? That pushing it. Can Bobo? Probably, but he makes 35K a year and owes 10 of it his credit card company. Not going to help you much I'm afraid.

      Now if it can be proven that one of the board ordered the firewall to be taken down, or that they knew it was down and took no action despite the realization that it would cause huge problems for their customers, then they might be personally liable. This would be a criminal action on par with what Enron's executives did. This would be willful misconduct. As it is, they probably didn't even realize the problem existed until it was so late that all they could do was jump ship.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
  2. left with no one to sue by YrWrstNtmr · · Score: 5, Insightful

    The hospitals, which initially reported their breaches separately, were left with no one to sue."

    I'd start with the ex-CEO. The 'company' did not make decisions, people did. They should be held accountable.

    1. Re:left with no one to sue by Gordonjcp · · Score: 2, Interesting

      (because I don't care: the big guys give me a better price).

      Do they really? Remember that the price is rather more than a number written on a ticket - you need to look at the value of what you're buying too. For instance, I buy most of my groceries in small independent shops rather than supermarkets, because I get better value for money. Yes, the number at the bottom of the receipt is a little higher, but the quality of the produce is much higher.

    2. Re:left with no one to sue by bepo · · Score: 2, Interesting

      I'd start with the ex-CEO. The 'company' did not make decisions, people did. They should be held accountable.

      If accountability is what you want then why are you looking at the CEO? Shouldn't the technician who left the router down be personally liable? You could say that the CEO had the responsibility for ensuring methods were in place to prevent this. You could also say that the data was the responsibility of the hospital and paying a contractor does not eliminate that responsibility.

  3. Nice by catdogven · · Score: 2, Funny

    This is another of the many advantages of outsourcing...

    --
    It's never too late to stop doing something wrong, or to start doing something right.
  4. Can't pass the buck by nicolaiplum · · Score: 5, Insightful

    You can outsource work but you can't outsource responsibility.
    And if you think the supplier will always be around to sue later, and suing them is your only plan, you're a fool.

    --
    "For a successful technology, reality must take precedence over public relations, for Nature cannot be fooled"
    1. Re:Can't pass the buck by Keys1337 · · Score: 2, Insightful

      you can't outsource responsibility.

      What's that thing called insurance do?

  5. Capitalism Rules! by FatSean · · Score: 3, Insightful

    Lots of people on slashdot extoll the virtues of un-fettered capitalism. "No need for government regulation, sue those who breach their contract!". Unfortunately, when the company folds protecting the stakeholders there is nobody left to sue! Oooops! There goes that darn accountability!

    --
    Blar.
    1. Re:Capitalism Rules! by peragrin · · Score: 3, Informative

      But it's governement regulations that have made it that way. the BOD of corporations should be ultimately responsible for the actions of the entire company. Since Corporations are a government protected body by removing the regulations protecting them opens the BOD up to others.

      --
      i thought once I was found, but it was only a dream.
    2. Re:Capitalism Rules! by marx · · Score: 2, Insightful
      That's the whole point of a corporation though (Wikipedia):

      A corporation is a legal entity (technically, a juristic person) which has a separate legal personality from its members.
      If you take away the property that the members aren't personally liable, then it's no longer a corporation, but some other type of organization.
    3. Re:Capitalism Rules! by CmdrGravy · · Score: 3, Insightful

      Right, so then no one forms a company to do anything at all, no capital can be raised and nothing gets done.

    4. Re:Capitalism Rules! by thc69 · · Score: 4, Insightful

      Unfortunately, when the company folds protecting the stakeholders there is nobody left to sue! Oooops! There goes that darn accountability!
      Eh? The company was destroyed. If you think the company should be punished, is there any better punishment? Isn't this a good thing? It means that the company is not going to do that again. Maybe it would satisfy people if the guy killed himself?

      Can he magically make the security breaches un-happen?

      At most, if the company stayed around, it could be sued for the costs involved in the cleanup -- but the only winners there would be the lawyers.
      --
      Procrastination -- because good things come to those who wait.
    5. Re:Capitalism Rules! by nmx · · Score: 4, Informative

      Eh? The company was destroyed. If you think the company should be punished, is there any better punishment? Isn't this a good thing? It means that the company is not going to do that again.

      Yes, but nothing's stopping these people from forming a new company and doing the same thing again.

      --
      "Well kids, you tried your best, and you failed. The lesson is, never try."
    6. Re:Capitalism Rules! by Opportunist · · Score: 4, Insightful

      Like you could sue a corporation when it still exists.

      Take Sony and the distribution of malware with its CDs. A person (read: human being) would be doing time for it. Read the law. Creation and distribution of malware on a commercial premise. Fits like a glove in this case. Punishable, depending on your country, with up to 10 years in jail. Especially when you can credibly claim that the person in question actually did pursue commercial interests (which is trivial in this case).

      But you can't do that to an international corporation! First of all, how do you imprison Sony? And think of all the jobs! And think of the tax (yeah, right, like I didn't pay more tax than Sony, in percent of my income...). And think of the political...

      Bullcrap. In a nutshell, corporations are above the law. They can break them as they want and if anything, they get a waggle of a finger and a puppy eyed "please, please don't do it again, mmmkay?"

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:Capitalism Rules! by Draknor · · Score: 4, Interesting

      Yes, but nothing's stopping these people from forming a new company and doing the same thing again.

      1. Assuming the new company needs capital investment, they have to convince someone to invest. If investors don't do their homework, then they have only themselves to blame if the investment goes south (as presumably this one did).

      2. If you contract with that new company without doing a little bit of background research, and your data gets exposed next time -- well, I guess that means selecting a vendor wasn't important enough to take the time to do it right, correct?

      3. The IT mistake was not intentional / malicious, it was a mistake. While that should be a black mark on the reputation of former employees / owners, it shouldn't prevent them from ever working again; they just have to convince investors / clients that they have learned from that mistake and have policies / procedures in place to prevent it from happening again (assuming said investors / clients actually do their homework & check the vendor's reputation).

      I'm guess that means your corporate reputation goes out the window, for not doing sufficient research on vendors for critical services.

    8. Re:Capitalism Rules! by letxa2000 · · Score: 2, Insightful

      Someone: If you take away the property that the members aren't personally liable, then it's no longer a corporation, but some other type of organization.

      Someone else: Right, so get rid of corporations.

      Forget that! It's a vicious circle. Aside from it not being easy to get funding, investments, loans, etc. as an individual for business purposes, in this sue-happy society we live in, someone would have to be almost crazy to launch a business under their name. I have my own business and I stand behind my products and services and, to-date, no-one has even threatened to sue me. But that doesn't mean it will never happen or that there will never be a complete jerk of a customer that decides to litigate something that should just be worked out between the two parties.

      Despite my best intentions and best efforts, there's no way I'm going to bet my family's economic future on whether or not some *sshole is going to launch a frivolous lawsuit. Which is why I have a business to protect me from personal liability. Not because I'm trying to avoid responsibility, but because it's dangerous to do business any other way.

      If we could get some reasonable legal reform passed to reduce lawsuit (perhaps as simple as "loser pays, plus some extra amount to the winner for time and trouble"), then perhaps we'd have fewer absurd lawsuits and at that point it'd be reasonable to talk about holding individuals more legally and personally responsible even if there's a corporate shield. But for the time being, no way. The corporate shield might occasionally protect the bad guys, but it also protects millions of well-meaning entrepreneurs from vicious and frivolous lawsuits that could threaten their family which, in turn, would reduce the number of entrepreneurs. And that'd be a BAD thing.

    9. Re:Capitalism Rules! by cayenne8 · · Score: 2, Interesting
      "Right, so get rid of corporations. That's what the OP was trying to say in the first place."

      Well, that's not a great thing actually. The vast majority of companies and businesses are SMALL businesses. If you take that shielding away, you'd open up most businesses that are small, mostly private individuals, and you'd have them risking personal bankruptcy and ruin, for even minor problems.

      No one is going to risk their families welfare that way, and you'd kill small businesses in the US. For a person to take risks and be small business, which employs the majority of US citizens, they need to have some personal protection from liability.

      Especially given the litigious society we now live in...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    10. Re:Capitalism Rules! by MightyMartian · · Score: 3, Insightful

      Get rid of the notion of limited liability for corporate officers. Simply alter corporate law so that corporate officers can be held directly accountable, so that when Mega-Chemical Corporation spills toxins into public drinking water, not only is the corporation taken to the cleaners, but the officers of the company are also taken to the cleaners. Thus, even if Mega-Chemical Corporation folds, we can still get our pound of flesh out of the officers.

      I'd wager it would be a boon for corporate governance if these turkeys knew that they would feel the weight of full liability.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    11. Re:Capitalism Rules! by RexRhino · · Score: 3, Insightful

      Yes, but nothing's stopping these people from forming a new company and doing the same thing again.


      Of course there is... the fact that they lost their shirts and destroyed their reputations pretty much means they are never going to start another company providing the same services ever again!
    12. Re:Capitalism Rules! by RexRhino · · Score: 3, Interesting

      Bullcrap. In a nutshell, corporations are above the law. However, the alternative to corporations: Government controlled monopolies, are also above the law (try suing the Social Security administration or IRS for compromising your data!!). And the police and justice system that is supposed to "regulate" the corporations are above the law (or do you expect the FBI to be abolished and the President to go to prison for those illegal wiretaps they were doing?!).

      All large social entities: governments, corporations, religions, are above the law, because the concepts of law and justice apply to individuals, not masses of people.
    13. Re:Capitalism Rules! by WNight · · Score: 2, Insightful

      So people shouldn't be able to write their liability off on the chance of there being someone else to pass the buck to later. These hospitals are now discovering where the liability stops...

      If the hospitals had thought they were on the hook for the results of these systems they'd have demanded far simpler ones they could audit. Instead they buy a more complex system because of lies about its safety. This makes it almost impossible for honest firms to compete. If you discuss security issues you sound like more of a risk than the people who hand-wave them away.

      Well, companies that haven't been burned don't realize the value of proper design. Just like people who've never witnessed a bridge collapse are reluctant to spend more for a sturdier design.

    14. Re:Capitalism Rules! by thomas.galvin · · Score: 3, Interesting

      Unfortunately, when the company folds protecting the stakeholders there is nobody left to sue! Oooops! There goes that darn accountability!


      Eh? The company was destroyed. If you think the company should be punished, is there any better punishment? Isn't this a good thing? It means that the company is not going to do that again. Maybe it would satisfy people if the guy killed himself?


      The problem with that is that a corporation is kind of an ethereal entity to begin with: it never really existed, except as an abstract concept, so "punishing" it is kind of meaningless.

      Here's an analogy. Steve is a plumber. You hire Steve to replace the pipes in your house. Instead, he screws up so badly that you can no longer live in your house. You go to sue him, but he says "sorry, I'm not Steve any more. You can call me Frank, and you can't sue me, 'cause I'm not Steve."

      That's basically what's happening here. The people responsible for this cannot be held accountable, because they no longer call themselves Careless, Inc.

      IANAL, YMMV, HAND, etc, ad infinitum.
  6. HIPPA by morgan_greywolf · · Score: 2, Insightful

    HIPPA laws are no joke. There are serious fines and even criminal penalties for letting confidential patient records out. It's so serious that companies working with health care data often have special training programs for their employees that handle any sort of hospital data -- even for IT workers.

    Verus probably folded to keep from getting heavily penalized and/or to prevent its directors from being criminally prosecuted under HIPPA.

    1. Re:HIPPA by Jhon · · Score: 4, Informative

      There are serious fines and even criminal penalties for letting confidential patient records out.
      Great summary of HIPAA here.

      Covered entities and specified individuals, as explained below, whom "knowingly" obtain or disclose individually identifiable health information in violation of the Administrative Simplification Regulations face a fine of up to $50,000, as well as imprisonment up to one year.
      Notice that "knowingly" statement?

      Sorry, but I think you are wrong on the "probably folded to keep from getting heavily penalized and/or to prevent its directors from being criminally prosecuted under HIPPA". FTA, it's more likely they folded from lack of funding -- as their primary investor pulled out (most likely due to not wanting to tarnish THEIR name...

  7. Well now... by MrNaz · · Score: 2, Insightful

    "The hospitals, which initially reported their breaches separately, were left with no one to sue."

    In this day and age, all I can say is BOO HOO.

    --
    I hate printers.
  8. Start looking at MedSeek by faloi · · Score: 3, Interesting

    I would think that if Verus is referring people to an alternate service, there would be some sort of contractual agreement between the two. The investors might have to assume some liability for preventing legal redress of problems.

    For that matter, I would the federal government would be all over it for violation of HIPA regulations.

    --
    "It is a miracle that curiosity survives formal education." -Albert Einstein
  9. External security auditors were needed by Dekortage · · Score: 5, Interesting

    Read the article. It was a single mistake -- leaving a firewall down after performing a transfer of data from one server to another. But, why would you need to take down a firewall to transfer data? Set up a VPN, or better yet, use hard drives and old-fashioned sneakernet to transfer the data.

    What the vendor really needed was a security audit by an external security firm. I bet you will see more of that in its competitors (or ex-competitors).

    --
    $nice = $webHosting + $domainNames + $sslCerts
    1. Re:External security auditors were needed by CodeBuster · · Score: 2, Insightful

      Turning off the firewall is not as uncommon as you might think, especially at smaller companies where the inexperienced network administrator (the company didn't want to shell out for a decent admin) is under pressure from above to just "make it work" or "turn off the firewall so that our sales drone can demo the product to a client". The managers attempt to override objections from the engineers with promises that, "it is only for 15 minutes" or other false assurances, as if the engineers are only issuing warnings because they like to put the manager in a pickle in front of the client. The proper response from the engineer in these cases is to get the request in writing from the low level manager that is asking for it...you would be surprised how quickly they back off when they are forced to authorize a request in writing to "turn off the firewall".

  10. See how far you'll get litigiously when... by ahuimanu · · Score: 3, Interesting

    The company is in India, or China, or Indonesia or.... you get the point.

    Hold your information close to your chest - there's a reason you used to pay a guy, an in-house guy mind you, the BIG BUCK$ to keep your information straight.

    But noooooo...

    We gotta OUTSOURCE because it looks good on a quarteryly statement.

    Stew in it boyos, STEW IN IT!

    --
    shock the monkey
  11. Re:Can someone explain by Dancindan84 · · Score: 3, Insightful

    can someone explain a situation where a computer would need to have its firewall dropped totally merely to transfer data from one system to another? A) Laziness (didn't want to set up a VPN or just open the necessary ports)
    B) PEBKAC (didn't know how to do the above, or at least do it properly)
    C) ID Ten T (knew how to do it, but didn't think it was a "big deal")
    D) Some combination of A, B and C
    --
    "Always forgive your enemies; nothing annoys them so much." - Oscar Wilde
  12. Re:Personal liability is not a solution by Jah-Wren+Ryel · · Score: 2, Insightful

    In my opinion, this company has already been punished for their mistake. They exist no more. The employees who made the mistake have already lost their jobs. What would be the purpose of suing? Revenge? I tend to agree with you, especially since the problem didn't kill anyone. But, some questions remain - we don't know how much influence that primary investor had over operations. What are the chances that he will just open up shop again under a different corporate charter and continue the same sort of poor practices that got his first company in trouble?

    I think corporate death like this is a good thing if it results in the rest of the industry internalizing the consequences of poor practices. But if the problems remain, than the mere dissolution of the corporation is not sufficient.
    --
    When information is power, privacy is freedom.
  13. hmm by thatskinnyguy · · Score: 2, Insightful

    Enron folded after some financial misdeeds. The investors still had someone to sue. There is always someone to sue.

    --
    The game.
  14. All right IT monkeys.. by __aagbwg300 · · Score: 3, Interesting
    From the FA:

    While reports of the breaches have been issued in dribs and drabs, all of the data losses can now be attributed to a single incident, in which Verus employees left a firewall down following the transfer of data from one server to another, according to David Levin, vice president of marketing at MedSeek. Can someone explain to me why you would need to open EVERY PORT on a computer to transfer data across two machines? Is there any possible reason why this would be considered? Seriously?
    1. Re:All right IT monkeys.. by archen · · Score: 2, Insightful

      Looking at the clues here: File transfer + Firewall + needed to drop firewall... I'd say it was probably someone who couldn't figure out passive ftp. Needless to say they were transferring the data without encryption in the first place.

  15. Your reasoning is flawed by BlackCobra43 · · Score: 3, Informative

    The same standard IS applied. When an engineer is sued it is because his design was faulty, not because the building contractor used shitty concrete. If said contractor used shitty concrete, HE will be sued into oblivion.

    Likewise, if the policies enacted by a companydirect actions defraud the public out of millions of dollars, they will be held acountable (see : Enron). If Joe Sixpack in accounting trafficks data all on his own, why should the CEO be held accountable?

    --
    I never spellcheck and I freely admit it. Save your karma for more worthwhile "lol erorrs" replies
    1. Re:Your reasoning is flawed by jc42 · · Score: 4, Interesting

      Actually, engineers routinely do get out of responsibility for disasters. Part of the reason is that they let their bosses and the prosecutors know about the "paper trail" that they have kept. They threaten to show in court that they knew about the problems, warned their superiors about the problems, and were ordered to ignore the problems. The prosecutors then carefully forget about them.

      The poster child for this, of course, is NASA's history after the Challenger disaster. The immediate desire was to blame the engineers. But the engineers were happy to cooperate with the investigations, because they had copious records showing that they knew about the potential problems, tried to delay the launch, and were overridden by management. Subsequent analyses (by engineers ;-) showed that what went wrong was a known possibility during cold-weather launches, and that a lot of the engineers had indeed tried to delay the launch.

      The real disappointment in this and similar disasters is that the managers who override (or ignore) the engineers are almost never held responsible. NASA did do a bit of management shuffling, true, but nobody takes this seriously. With most corporate disasters, even when the CEO or other officer "resigns", he typically walks off with huge amounts of money and no punishment at all. The exceptions are so rare (think Ken Lay) that corporate managers really don't consider it a serious possibility.

      In the case of software, it's routine for management to order the use of packages that the engineers know to be insecure and/or unsecurable. I've seen it over and over. The developers know that they just have to live with this, and make the best of a bad management decision. The only way to change this is to make the actual decision makers responsible for the consequences. Does anyone seriously think this is likely to ever happen?

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  16. Next time... by OpenSourced · · Score: 2, Funny

    The hospitals, which initially reported their breaches separately, were left with no one to sue

    Next time, theyll buy IBM, I guess.

    --
    Rome taught me patience and assiduous application to detail. Virtues which temper the boldness of great, general views.
  17. Knee jerks the wrong way by bhmit1 · · Score: 3, Insightful

    Of course the knee jerk reaction is to make corporations more accountable, raise the risks for the owners, etc. As others have pointed out, no one would want to run a corporation where they are liable not just for doing their job, but being sure that no mistakes were made by anyone else (like the IT worker turning off a firewall, or the janitor that doesn't put down a wet floor sign). Take the current executive pay and bump it up by a factor of 10. Honestly, all the barriers, rules, legal risk, etc are part of the reason big companies have gotten so big.

    Also, lets not forget that if the executives really did something wrong, closing the business isn't enough. There's still a legal record of who owned the business when the breach occurred. What the hospitals are upset about is that the investors stopped putting money into the company which they could try to get their hands on. The investors already lost because the company folded, they never saw a return on their money, and probably lost their principle, too. As did the shareholders (stock=0), employees (no unemployed, a few of them rightfully so), executives (with a black mark on their record for something they didn't do), etc. Anyone who walks away from a folded company as a winner either did nothing wrong, scammed the system, or was really good and didn't get caught. None of which appears to have happened here.

    If you want to be anti-big business, you need to cut down the barriers so that "locally owned" has a fighting chance against the "benefits of scalability".

  18. Re:in a country with the death penalty? by Overzeetop · · Score: 2, Insightful

    Who's going to want to be a director? At the salaries these places pay, there will be people knocking at the door. And I wouldn't worry too much about the death penalty - captial murder has very narrow limits. I think the CxO would still have to stalk and kill someone to be eligible.
    --
    Is it just my observation, or are there way too many stupid people in the world?
  19. No one to sue... by Glen+Ponda · · Score: 3, Insightful

    The hospitals, which initially reported their breaches separately, were left with no one to sue.

    A US-ian's worst nightmare, no one to sue. Do you really exist if you've no one to sue?

  20. I know Tom Lawry by PIPBoy3000 · · Score: 3, Insightful

    Tom Lawry, the CEO of Verus, is someone I've known for over ten years. He used to work for our healthcare organization and was one of the first people to "get it" over the Internet. He pushed for the formation of our web services team and sold the organization on making an Intranet when the whole thing was seen as a big fad.

    Afterwards he went on to form his own company, but still hung around as a consultant. He wasn't particularly technical, but was very good at navigating through the political issues that often come up with organizational change. For example, switching from paper to online job applications was fairly exciting, if only getting our various regions to agree on a single form.

    In later years, we had our disagreements with Tom. I wasn't too happy on how he assisted with our Internet site (his organization was starting to get into the web design business). As a person, he was always kind and thoughtful, despite his various business endeavors. He'd talk about his kid, how expensive going out to a movie in Seattle was getting, or tell stories about the Sisters from his time working at our organization (we're a Catholic healthcare organization).

    We were actually just starting to sign up to use his latest product (a clinic billing system). He was partnering with our medical record system vendor and it seemed reasonably good. Fortunately we didn't have any security breaches related to this incident, but it seems to have been blind luck to some degree.

    I think it's impossible for any CEO, even if they have a technical background, to be aware of every technical issue within their organization. In any complex endeavor, there's just too much going on. At this point, it seems like Tom has suffered quite a bit already. He's lost the business he's spent a decade growing. Prosecutors are looking into criminal charges. I don't know how he'll recover professionally. I'm sure he'll spend the rest of his life second-guessing what he should have done better. Hired different people? Brought in an outside auditor?

    For me, it was a reminder that everything can just disappear in a flash. Cherish what you've got.

  21. It can happen to anybody by Jimithing+DMB · · Score: 2, Interesting

    I hate to admit it, but a few years ago I did an update on a Fedora box which renamed protocol 50 from ipv6-crypt to esp or something of the sort. Due to this, the firewall rules failed to load at startup which left the outside portion of the network completely unfirewalled instead of nearly completely firewalled.

    Now ordinarily this wouldn't be a huge problem as one should reasonably hope that even an unfirewalled system is secure. And indeed, the Windows 2000 webserver we had was reasonably secure. It was up to date with all the patches and running great. The ultimate attack vector had nothing to do with lack of patches but rather an ultra-weak password. You see, someone else had an account in the administrators group with a password of 121212. With the firewall being down this account could be used to log in to the SMB shares and thus execute anything with that account's privileges.

    Fortunately, the webserver had absolutely nothing to do with the rest of the network which was behind a second firewall with a totally different authentication/directory system and a different set of usernames and passwords. So the attacker was able to get access to a webserver with nothing of any interest on it. It is at that point when I began to research how the hell he got in and realized that the firewall was not firewalling anything. Later on, we decided the 121212 password on an Administrators group account was the ultimate culprit.

    This just goes to show you that a break-in can happen to anybody. Granted, in this story's case, taking down a firewall on purpose to transfer some data was probably not a good idea and could/should have been avoided. But that's a mistake, not an invitation to burn the perpetrator at the stake.

    Ultimately, a security failure should result in a procedural change. In our case, checking that the firewall rules installed correctly at boot became part of the checklist of things to do when upgrading that server. We also changed the passwords on the webserver and implemented several new policies. Prior to the attack, the webserver passwords were a combination of knowable information like birthdate, hire date, and part of SSN. Their purpose was to secure read-only access to a site with company policy information so it wasn't thought they needed to be highly secure. Unfortunately, all of the users were full Windows users so for all we know it might not have been the weak password on the admin account but instead an disgruntled (ex-)employee coupled with a possible privilege elevation bug. Due to this, we changed all of the user's passwords to be random and moved all of the users out of the Users group and into a group that only allowed logins to the website and not on the console.

    All that for a measily webserver with some simple read-only access to data that doesn't have to be all that secure. Now consider having a web application with critical data like patient reecords and several thousand users all from different hopsitals. That's basically an accident waiting to happen. If I were a company doing that, I'd be sure to have a huge insurance policy to cover the liabilities and/or make damn sure the contracts with customers indemnified the company against lawsuits for accidental breaches.

  22. Not a big thing really by xednieht · · Score: 2, Insightful

    While HIPPA and all the other regs apply to the US, the medical industry and insurance companies outsource tons of data services to cheap off-shore companies that don't adhere to the regs.

    With a couple of dollars and a few phone calls you can get mountains of patient data from overseas.

    --

    Hope is the currency of fools
  23. I live in the town with skylakes medical center by QuantumRiff · · Score: 2, Informative

    This Hospital had 30,000 patients data exposed. There is no mention of it in an easy, quick to find location on their website . This is 30,000 patients exposed in a town of about 40,000 people... Our local newspaper had a very, very small article on it that looked like it was written by the hospital PR person.. Good god I hate small towns..

    --

    What are we going to do tonight Brain?
  24. Re:Things did get done before corporations by CodeBuster · · Score: 4, Insightful

    Limited liability is a double edged sword to be sure, but IMHO society is better of with the concept than without it. Consider bankruptcy for example, that is a form of "limited liability" as it applies to the individual. It ensures that your creditors cannot pursue you until to your dying day for your last penny due to circumstances beyond your control. There are abuses sometimes yes, and do not think that this investor is home free, if a lawyer can prove negligence in the breaches AND that the investor knew about the problems and did nothing then the investor can be held accountable for negligence, limited liability or not. The concept of limited liability exists to protect people from personal ruin from forces beyond their control, but it is not carte blanch to commit fraud, breach contract, or engage in negligent behavior.

  25. Outsourcing the work and the responsiblity. by zerofoo · · Score: 2, Interesting

    A government regulator at a former job once told me that "You can outsource the work, but not the responsibility". Those are wise words that the managers of that hospital should heed.

    Companies seem to think that if they hire someone else to do the work, they are not responsible for the quality of that work.

    Take Mattel - they have Chinese companies building their products, but not inspecting their work. Thanks to their lack of vendor controls, kids are choking on parts, and getting lead poisoning.

    Companies need to realize that in-house IT is the only way to ensure that your internal standards are met. Outsourcing has its place, but strict quality control / vendor management policies need to be in place to ensure the work is of good quality.

    -ted

  26. Re:Things did get done before corporations by rsborg · · Score: 2, Informative

    onsider bankruptcy for example, that is a form of "limited liability" as it applies to the individual.
    You are aware that for a majority of the populace, Bankruptcy as you describe it is pretty much dead? Yes, personal limited liability, RIP 2005.
    --
    Make sure everyone's vote counts: Verified Voting
  27. Re:Not very much, and I don't want to go back ther by ShieldW0lf · · Score: 2, Interesting

    How much was consumed in cold war spending?

    It's not on me to get into a debate about the efficiencies of historical systems with different problems in different environments, the point is that these technological marvels are not the sole province of modern capitalism and the corporate structure, as you insinuated.

    Do you believe that we've achieved Utopia, a state beyond our capacity to surpass?

    Do you think there will not be a better system that isn't a stepwise refinement, but a replacement?

    This whole system is optimized towards dealing with scarcity, it uses scarcity to provide the motive force to keep people industrious, and it destroys wealth with artificial scarcity to keep that going.

    We've developed the tools necessary to destroy scarcity in a wide range of sectors, but our economic systems equate "plenty for all" with "utterly worthless". That needs to stop if we're going to progress.

    That means new political-economic systems with supporting infrastructure, and it's not going to build itself, and no one motivated by the love of money is going to invest because it's going to devalue everything that they have built their power upon, but it's still going to have to be done.

    And when it's done, and done right, things will be markedly better than they are now, and more efficient, not less. Any group who competes the old way will lose.

    And I'll miss the wintel legacy not at all, I don't imagine.

    --
    -1 Uncomfortable Truth
  28. Re:Things did get done before corporations by spun · · Score: 2, Interesting

    If limited liability only applies to capital, then why do corporations rather than the CEO or board get fined when the corporation commits a crime? People use corporations as a shield against prosecution all the time. It sickens me to see what they get away with, and that's just what we hear about. Corporations don't kill people, the people running corporations kill people, and they get away with it. For instance, why did Warren Anderson go free?

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton