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Rough Justice For Terry Childs

snydeq writes "Deep End's Paul Venezia sees significant negative ramifications for IT admins in the wake of yesterday's guilty verdict for Terry Childs on a count of 'denial of service.' Assuming the verdict is correct, Venezia writes, 'shouldn't the letter of the law be applied to other "denial of service" problems caused by the city while they pursued this case? In particular, to the person or persons who released hundreds of passwords in public court filings in 2008 for causing a denial of service for the city's widespread VPN services? After all, once the story broke that a large list of usernames and passwords had been released to the public, the city had to take down its VPN services for days while they reset every password and communicated those changes to the users.' Worse, if upheld on appeal, the verdict puts a vast number of IT admins at risk. 'There are suddenly thousands of IT workers all over the country that are now guilty of this crime in a vast number of ways. If the letter of the law is what convicted Terry Childs, then the law is simply wrong.'"

94 of 418 comments (clear)

  1. If I were taking an IT Admin position... by Phrogman · · Score: 5, Insightful

    I think I would want to draft up a very clear - and legally binding - agreement that I would want my superiors in management to sign on behalf of the company. It would spell out in specific details, the security policies, security review process, enforcement etc. It would absolve me from prosecution unless I violated any of the very specific rules that were listed. If my superior changed, they would have to sign the document when they took up their position etc.

    I wouldn't likely get the job, they'd hire someone who wasn't so paranoid, but I don't think I would want to take a job where if someone in management decided to break the rules, and I tried to apply those rules for the sake of ensuring I didn't violate the trust that had been placed in me, then I wasn't liable for prosecution either way, like Childs was.

    Now, he could have handled things differently I am sure, but he might have been prosecuted either way from what I have read so far. I would like more details in an objective report on the situation.

    --
    "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
    1. Re:If I were taking an IT Admin position... by Anonymous Coward · · Score: 2, Interesting

      It's really not that complicated... You have a boss who makes the rules, if your boss later tells you to break the rules then you do it. If someone higher up on the chain of command than your boss asks you to break a rule you might ask them to ask you formally (via your boss) but then you still do it. If your boss tells you to break a rule that he set, and security is compromised, you wouldn't be liable (as long as your have the request is documented).

    2. Re:If I were taking an IT Admin position... by SteveFoerster · · Score: 5, Insightful

      I wouldn't likely get the job, they'd hire someone who wasn't so paranoid

      That's crazy -- who wants a system administrator who isn't paranoid?

      --
      Space game using normal deck of cards: http://BattleCards.org
    3. Re:If I were taking an IT Admin position... by SanityInAnarchy · · Score: 4, Insightful

      You have a boss who makes the rules, if your boss later tells you to break the rules then you do it.

      Just like Enron's accountants?

      Sorry, no. If your boss later wants to change the rules, there's likely a procedure in place to do so, but they can't simply do that by fiat. That's the whole point of having a policy in the first place.

      --
      Don't thank God, thank a doctor!
    4. Re:If I were taking an IT Admin position... by RichardJenkins · · Score: 3, Informative

      I understood that they had a set of policies for 'user-level' passwords (which this was not classed as) saying things like 'never diclose your password, even to your boss' and another set of policies for 'system-level' passwords, which these passwords were classed as. The policies for 'system-level' passwords say they must be stored in a centrally managed database: a policy that Childs violated by keeping them in a way only accessible to him. Under your model (assuming the above is correct) you wouldn't be absolved from prosecution in this case, because Childs hadn't followed procedures related to 'system-level' passwords.

      It's all rather moot though, there is a systemic problem in any organisation which lets its IT be run in a way where someone can hold it hostage like this. The real lesson here is that institutional incompetence can lead to individual criminal liability.

      If you're an IT admin working in the States then it's your geographic (not professional) situation that's putting you at risk of going to jail for something stupid like this.

    5. Re:If I were taking an IT Admin position... by __aasqbs9791 · · Score: 5, Insightful

      Changing the rules isn't always the same as breaking the law. If you boss tells you to never give out passwords, and then asks you for a password, and when you refuse says he's changing that rule, it is whole different thing than your boss ordering you to break a law regarding financial accounting laws. Especially if that boss was the owner of the company (which isn't the case in either your example or Childs, of course.

      Though I've seen so many different things on this case I'm not sure where I stand. It seems to depend on the specifics. If the rules were such that it actually said he couldn't release the passwords except to the Mayor himself in person then I'm probably on his side. But otherwise someone like the Mayor likely does many things by proxy, so he may have just been acting the fool (to quote Judge Joe Brown). The devil's in the details I guess.

    6. Re:If I were taking an IT Admin position... by Anonymous Coward · · Score: 4, Insightful

      Just like Enron's accountants?

      If you're not comfortable doing what you're told, then quit. (Or, in the case of Enron, go to the SEC or whatever.) Even if you believe that all people have a right to a job, nobody has a right to a particular job.

      Sorry, no. If your boss later wants to change the rules, there's likely a procedure in place to do so, but they can't simply do that by fiat. That's the whole point of having a policy in the first place.

      It's a great theory, but it's also hopelessly naive. The rules don't apply equally to everyone. It sucks that the world works this way, but it does, and that's never, ever going to change. Behaving as if the rules your boss tells you apply equally to him is an exercise in frustration, and also a good recipe for getting fired. Or, as in this case, sent to jail.

      That's politics, my friend, and any time you have more than two people in a room you get politics. There is no avoiding it. Which is why policies and procedures are worthless. The people who write them can change them any time they choose. They can be enforced selectively or not at all. And you can be accused of not following a procedure, even though you did, because the person interpreting the procedure is the same person who wants to punish you for some other reason.

      Seriously, learn from my experience in corporate America. (Which, I am told, is nothing compared to the politics that goes on in public service jobs, and I'm not even talking about politicians.) This is the way the world works. The good news is that you don't have to be an active participant, and in fact taking the passive approach makes your life easier in many ways. But you do have to be aware of it, and Childs was not. Either that or he very badly overestimated his clout with the mayor (it's probably a combination of the two).

    7. Re:If I were taking an IT Admin position... by turbidostato · · Score: 2, Funny

      "if your boss later tells you to break the rules then you do it."

      Is it needed any more to invoke Godwin's law?

    8. Re:If I were taking an IT Admin position... by green1 · · Score: 4, Insightful

      If, after you've been fired, you refuse to disclose the passwords necessary for your successor to do your job, then it is no longer something they can simply "fire" you for, (as you no longer work there) so it becomes something you need to take to court, not "theft" in this case, but "denial of service" because his action of refusing to release the passwords denied them access to administer those systems.

    9. Re:If I were taking an IT Admin position... by amirulbahr · · Score: 2, Insightful

      You don't serve your boss. You serve the same stakeholders that your boss serves. It would be both morally and legally wrong to, for example, collude with your boss to defraud the company. The line is not as clear as GP makes out.

    10. Re:If I were taking an IT Admin position... by LurkerXXX · · Score: 4, Insightful

      The problem is, you want someone who is paranoid AND smart. The guy was incompetent. If you are in charge of vital machines passwords, you make sure the passwords are written down and stored in a secure location (like a bank safety deposit box, etc) and available to an authorized person in case you are hit by a bus, etc. This wasn't done. If it had been done properly, he wouldn't be facing any jail time or even charges.

    11. Re:If I were taking an IT Admin position... by celle · · Score: 2, Insightful

      "the owners of the equipment are asking for the password to their own gear"

      They are not the owners of the equipment, the public is or their representative -- the currently elected jackass of the week. I would guess that's the mayor. Childs called it right. Childs bosses are under the same policy as Childs and don't have the authority to change it without following standardized procedures from their higher ups and letting Childs know about it and acknowledge the change.

    12. Re:If I were taking an IT Admin position... by Vellmont · · Score: 4, Insightful


      That's crazy -- who wants a system administrator who isn't paranoid?

      I don't want system administrators who are paranoid. I want system administrators who understand what risk is, what the real risks are, and are able to weigh one risk against another. Being paranoid usually entails the inability to weigh risks, since you think "everyone is out to get me". Anyone who can't weigh risks against another is a fool.

      --
      AccountKiller
    13. Re:If I were taking an IT Admin position... by Zerth · · Score: 2, Informative

      And when the person replacing him mucked things up, do you think they might not assume he sabotaged things?

      Considering the ineptitude the new staff has shown, I can see why he would have been concerned.

    14. Re:If I were taking an IT Admin position... by jgreco · · Score: 3, Insightful

      Which is where this gets all goofy; he's already been fired, but he's expected to do *work* for them, in the form of enumerating passwords and associating them with what systems they're for and how to use them and how to get access to the systems in order to use them, etc.? Documentation of that sort could be very lengthy and quite a bit of work to write up.

      If he had gone out binge drinking and incapacitated himself for a day after being fired, would this be considered "denial of service?"

      If the city wished to be able to have unimpeded access to their network after firing the person who apparently held the only set of electronic master keys to the system, why wasn't it their responsibility to make sure that they had those keys - before firing him?

      There are multiple failures on both sides of this issue, but in the end, the city (a large entity that presumably has many lawyers and expertise in dealing with human resources) has punished the employee (an individual who appears to be eccentric but probably harmless, and probably less-than-fully-informed about the legal aspects to it all). When considering the city vs the individual, the city had all the resources, but royally screwed the pooch, and yet it's still the individual left picking up the tab.

      His boss should be the one heading to jail.

    15. Re:If I were taking an IT Admin position... by darkpixel2k · · Score: 3, Insightful

      It would absolve me from prosecution unless I violated any of the very specific rules that were listed.

      The geek isn't always very good at distinguishing between civil and criminal actions. The question then becomes prosecution by who and under what set of rules.

      The computer networks that sustain the city of San Francisco belong to the city of San Francisco. No court can allow them to be held hostage to any single individual. Not the system administrator. Not the mayor. Not anyone.

      Really? What if you boss says 'setup that new server' and you say 'Yes sir'. You follow the standard practice of giving it a secure password because it's connected to the internet. Then you say to your boss "We really need a place to document the password". Your boss gives you no reply and immediately sends you out to your next assignment. There's also no formal documentation system in your organization. After a few weeks of being scheduled on assignments non-stop from 8 AM until 5 PM, you get fired. Whose fault is it that your boss doesn't know the password? Should you be required or forced to work for free for a few hours to cough up passwords because of a failing of your boss?

      --
      There's no place like ::1 (I've completed my transition to IPv6)
    16. Re:If I were taking an IT Admin position... by jedidiah · · Score: 2, Insightful

      > You have a boss who makes the rules, if your boss later tells you to break the rules then you do it.

      Except it isn't quite like that.

      Whenever I see one of these "Mad Max" style posts, I wonder if these people have ever been employed anywhere.

      In all likelihood, your boss doesn't create policy. He enforces it just like you do. He doesn't make the
      rules either. He also doesn't get to break them arbitrarily.

      Piss off the boss or break the rules? That's certainly a dilemma to show what kind of man you are.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    17. Re:If I were taking an IT Admin position... by fractoid · · Score: 2

      In that case you simply take it up the food chain. Transparency is your best friend. Your boss is demanding a password that your standard operating procedure says you're not allowed to give him? Ask for a meeting between you, your boss, and his boss. Explain the situation and ask for authorisation. Keep going up the hierarchy until you're talking to someone who has the authority to override the rule which is preventing you from giving out the password. Then, if they say to do it, they take responsibility. If they say *not* to do it, they STILL take responsibility.

      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    18. Re:If I were taking an IT Admin position... by Vellmont · · Score: 5, Insightful

      I guess I don't find it funny because I know paranoid system administrators, and they do indeed suck at what they do.

      --
      AccountKiller
    19. Re:If I were taking an IT Admin position... by ImNotAtWork · · Score: 2, Insightful

      Child's may have called it right but he should have used his attorney, if he even used one, more strategically the moment he was arrested. Everything should have been proxy-ed(sp?) through his attorney. Or his attorney just grossly mismanaged access to his client. IANAL but I can see the obvious.

      --
      open source sub sim. I might start coding again for this. http://dangerdeep.sourceforge.net/contribute/
    20. Re:If I were taking an IT Admin position... by yuna49 · · Score: 2, Insightful

      It's really not that complicated... You have a boss who makes the rules, if your boss later tells you to break the rules then you do it.

      Or you resign.

    21. Re:If I were taking an IT Admin position... by jimicus · · Score: 3, Insightful

      Agree entirely. From what little we've heard, it sounds like there was plenty of opportunity for Childs to avoid this. On several occasions he was asked to divulge the passwords and like a petulant child he just kept saying "No. Want the mayor".

      While I don't have any inside knowledge of the case, it seems to me the sensible thing to do would have been to explain to his lawyer the quandary (give the passwords : criminal offence, don't give the passwords : criminal offence) and have the lawyer whip up some sort of agreement whereby the passwords could be handed over and Childs would be let go with no further action. Hell, by all accounts he was offered almost exactly this opportunity by the police - so it's not like it never occurred to anyone.

    22. Re:If I were taking an IT Admin position... by Aceticon · · Score: 2, Interesting

      I think the overall issue is that you can't take an IT Admin position working for the a Local, State or Federal public entity in the US since you're damned if you do (give the passwords) because of laws and regulations and damned if you don't since they'll take you to court and have you convicted anyway.

      Either stay away from those positions or ask for a significant premium on your salary/rate to cover the legal risk.

    23. Re:If I were taking an IT Admin position... by SlashDread · · Score: 2, Insightful

      The paranoid ones arent neccisarily good, but the good (security) admins are paranoid.

    24. Re:If I were taking an IT Admin position... by zippthorne · · Score: 2, Insightful

      People were asking for the passwords. People who may even have had the authority to have them. However the only person who Terry was certain legitimately represented the owners that he would be able to identify was the Mayor, to whom he gave the passwords.

      How hard is this to understand? I guess very, since it seems Terry has had a difficult time explaining it, or assuming it was obvious.

      --
      Can you be Even More Awesome?!
    25. Re:If I were taking an IT Admin position... by jgreco · · Score: 3, Interesting

      If you've never built a large network, it's easy to underestimate what I'm saying. It's not just the passwords, but also how to use them. This isn't like sitting down in front of a Linux box and logging in. It probably includes needing to know the topology of the network, such as "if jonesville router 1a is down, its console is connected to the aux port on jonesville router 1b, but to get to that when the routing protocol has imploded, you might need to first dial in to the out-of-band modem on barton router 2a, ssh over to barton router 1b, then use the link address of jonesville router 1b to ssh to, then connect up to the console port."

      As for harm, what actual harm did he actually do? Did he down the entire network? Did he allow criminals access to their network? Take a look at the "harm" claimed and see what portions of it you can actually attribute to him INSTEAD of the city.

      His boss can head to jail for the very same reason he is; his boss caused denial of service by failing to guarantee that the city had unimpeded access to the network. What's good for the goose is good for the gander and all that.

    26. Re:If I were taking an IT Admin position... by Assmasher · · Score: 2, Funny

      Ahhh... The Nuremberg defense.

      --
      Loading...
    27. Re:If I were taking an IT Admin position... by david_thornley · · Score: 2, Interesting

      The boss can change the rules the boss makes, within limits imposed by law and corporate policy. There may be rules from higher up that your boss must obey. For example, if corporate policy is that nobody tells anybody else their password, the boss has no right to demand your password.

      Now, if you're in a position where your boss demands something that's either illegal or against corporate policy, after you've explained it, you've got a problem. I'd probably ask for the request in writing. That may not be the correct thing to do politically, but I'm not all that good at office politics. Other people may have better ideas.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    28. Re:If I were taking an IT Admin position... by flibuste · · Score: 2, Insightful

      It's really not that complicated... You have a boss who makes the rules

      Oh yeah. With your logic, here is a small sample of what can happen and the sweet consequences that follow.

      • 1939-1945, and the extermination camps.
      • Vietnam and the killing of hundred thousands of innoncent farmers by 'enlightened people' from some political party.
      • CIA contractors and US soldiers in Guantanamo, and waterboarding.

      I reckon my examples are a little extreme, but the sheep mentality such as yours causes more troubles than it solves problems.

  2. Not trying to be a troll here, but... by andrewme · · Score: 4, Insightful

    Not trying to be a troll here, but... and maybe I'm not understanding the whole case correctly. I've followed the articles on Slashdot for a while. In my opinion: if the city hires you, you are subservient to the city. You do not give passwords to your inferiors. Ever. You do, however, give passwords to your superiors when asked. Always. They hired you, after all. They are your bosses. If I hire a security guard for my building, he'd damn well better give me the key if I decide to fire him, or if I get locked out, or both. You don't hide data from your superiors, plain and simple, however *technologically* less advanced they might be. Maybe the city is making a mountain out of a molehill; I'm really not qualified to comment on that, since I don't know as much about the case as some of the people on here will. Honestly, though, my original point: you get hired by someone, you do what they want to do, provided it isn't illegal. I highly doubt that giving someone the password or passwords to their own systems would have been the wrong thing to do.

    1. Re:Not trying to be a troll here, but... by Monkeedude1212 · · Score: 3, Informative

      The only Superior he was supposed to give the password to is the Mayor. He was only supposed to do that in an environment deemed secure enough for no one else to get the password. He complied with that. He is basically being sued into oblivion because he didn't want the secretary, the press, and/or anyone else getting a hold of the password.

    2. Re:Not trying to be a troll here, but... by George+Beech · · Score: 4, Insightful

      No that's a twist on what happened to suit the ideas of slashdot. What happened was he was locked up and said "I'll only give these passwords to the Mayor" Now what he was required to do by the state policy was provide the passwords to Information Security for inclusion in the central password management database due to them being production passwords. He obviously did not do this as none of this would have happened if he did.

    3. Re:Not trying to be a troll here, but... by blair1q · · Score: 3, Insightful

      Well, no.

      The rules made it so he could insist on giving the passwords only to the Mayor and only in a secure situation.

      He used that as an excuse.

      It's pretty clear from all I've read that he really was holding the city hostage because he was disgruntled at the changing employment situation, and in the process he prevented city personnel from accessing data they needed to do their jobs.

      The Jury was sympathetic that the city acted like idiots once it all started, but they were also cognizant that he wasn't completely blameless in what followed.

      So, in reality, when the rules say not to give the password to your boss, you don't. And when they say not to give the password out over unsecure communications, you don't. But you also don't make a pest of yourself; you take the initiative to find a way to get the password to the right person in a secure manner.

    4. Re:Not trying to be a troll here, but... by beakerMeep · · Score: 4, Insightful
      People keep saying this but where's the proof? I haven't seen any evidence of such a policy. But I admittedly have only been partially following the case.

      From: http://www.ktvu.com/news/23283217/detail.html (emphasis mine).

      Childs reportedly had a fractious relationship with some of his coworkers, attorneys on both sides said. He testified at trial that he never intended to harm the network but said that other employees, including his supervisors, were not qualified to have the passwords. Childs claimed he was merely following established industry guidelines for password protection. "You do not ever give up your username and password," Childs said.

      That doesn't sound like you make it sound. Industry guidelines are not the same as company/government policy.

      To be honest I think the Slashdot community is wrong to defend this guy. He sounds like an ego-maniac driven not by security, but by the sys-admin God complex. However, that's just what I think, and I could be wrong. Sans the full transcript of the trial it's really hard to say what happened. I'd love for groklaw to take a look at it too. They probably need a break from SCO shenanigans. :)

      --
      meep
    5. Re:Not trying to be a troll here, but... by Skarecrow77 · · Score: 2, Interesting

      "I'm sorry John, you know I can't give that out without confirmation. Did Bob (Joe Schmoe's boss)authorize this? By the way, Why am I being fired, and who are these people?"

      Doesn't that work?

    6. Re:Not trying to be a troll here, but... by Sycraft-fu · · Score: 4, Insightful

      Also they weren't asking for HIS username and password, they were asking for THE username and password. There is a difference as any competent sysadmin should know. I won't give up my password to any systems here at work. Policy requires that I do not. However my password is only for my accounts. There are other accounts I have the password for, that are not mine, share accounts. There would be root on the UNIX systems, the local administrator account on the Windows systems, the enable password on the switches, the SA password on the DB server, and so on. There is only one of those accounts (and in the case of things like root, can only be one). It isn't my password on them, it is a password all the IT staff share. That password isn't something I can change to one only I know and refuse to give out, I'd get in trouble for that.

      Big, big difference. Had the city said "We want your password to log in to your personal e-mail account and bank account," well ya, I'd be supporting him for saying no. However they wanted the system passwords for various devices and services that have but one master password. If those passwords were the same as his personal password that is bad security practice on his part, however there is still a solution: Change the passwords and give them the new ones (or change the password on your account).

    7. Re:Not trying to be a troll here, but... by Skarecrow77 · · Score: 2, Insightful

      Nope, you never refused a thing. You reittereated what he already knew, or should know.

      You don't say "No I will not do that". You say "I will do that as soon as I can confirm that I am allowed to."

      Semantic difference, for sure, but the law is all about semantics and how things are worded/phrased. If it wasn't, we wouldn't need lawyers.

    8. Re:Not trying to be a troll here, but... by parcel · · Score: 3, Informative

      I've worked in the public sector a while and what I learned is - if the agency head(s) ask you to do something job related, even if it's against the policy that's printed out, you do it.

      In my experience (private sector, financial industry) that results in immediate termination of your employment. And that isn't theoretical, I'm aware of two instances at my current company. In both cases they had security guards escort them off the premises.

    9. Re:Not trying to be a troll here, but... by TENTH+SHOW+JAM · · Score: 4, Informative

      If the superintendent of a school district says - "Whats the password for root on the server?" You tell them.

      No you don't. Ever. You say "Go to the safe and get them yourself. Don't forget to sign the register." When Superintendent bleats that it is needed NOW! your answer is to point them to the safe. Terry Childs did not put the passwords in the safe and deserves to go down for that.

      --
      A sig is placed here
      To display how futile
      English Haiku is
    10. Re:Not trying to be a troll here, but... by biryokumaru · · Score: 3, Informative

      Here is the policy. I believe the relevant section (page 32) only really applies to user passwords, not system-level stuff.

      --
      When you're afraid to download music illegally in your own home, then the terrorists have won!
    11. Re:Not trying to be a troll here, but... by Khyber · · Score: 2, Insightful

      "but it was bought and paid for by the City of San Francisco"

      Excuse me, it was bought and paid for by THE PEOPLE OF SAN FRANCISCO.

      Paid through our tax money, which also means it was paid for through *HIS* tax money.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    12. Re:Not trying to be a troll here, but... by MushMouth · · Score: 5, Informative

      According to the network engineer who was a juror on the case (so I am guessing that he knows far more details about it than you or I)....
      He didn't refuse to just give his "password" but to give any access at all to the core routers, removed any way of password retrieval without doing a full system reset, and would not provide the configurations to these routers.

      On top of that, there were emails and witnesses that made it appear that Childs was doing this all to make it such that only HE had access.

    13. Re:Not trying to be a troll here, but... by TENTH+SHOW+JAM · · Score: 2, Informative

      What Tony should have said is "The passwords are in the secure password repository. Look it up yourself." The problem is that he couldn't say that because it was a lie to. He dug his own hole.

      --
      A sig is placed here
      To display how futile
      English Haiku is
    14. Re:Not trying to be a troll here, but... by hacksoncode · · Score: 2, Informative

      The County policy stating that you are to avoid giving your password to your boss *explicitly* says that it applies both to user-level passwords, and to system level passwords such as root, network admin passwords, etc.

    15. Re:Not trying to be a troll here, but... by ClosedSource · · Score: 2, Interesting

      I'm perplexed why some people on Slashdot who are so willing to trash the performance of their fellow geeks, rally around one who is charged with a crime.

      If we assume this guy is innocent of a crime without knowing the facts, why can't we assume everybody else is competent until it is proven otherwise?

    16. Re:Not trying to be a troll here, but... by Jah-Wren+Ryel · · Score: 4, Insightful

      No you don't. Ever. You say "Go to the safe and get them yourself. Don't forget to sign the register." When Superintendent bleats that it is needed NOW! your answer is to point them to the safe. Terry Childs did not put the passwords in the safe and deserves to go down for that.

      I disagree. The decision to put passwords in a safe in the first place is above his pay-grade.
      It seems nobody instructed him to do so, so you can't blame him for not following a procedure that didn't exist.
      If anything, the blame lies on his superior(s) who failed to adequately implement a "sysadmin gets hit by bus (or fired)" plan.

      --
      When information is power, privacy is freedom.
    17. Re:Not trying to be a troll here, but... by LurkerXXX · · Score: 4, Insightful

      Sorry, No. It's the job of any competent admin to make sure necessary passwords are safely stored in a location where they are available to others they will be needed by in the case he is hit by a bus. It's not above his pay grade. It's a minimum common sense necessity obvious to anyone who should be allowed to run production systems and call themselves a sysadmin.

    18. Re:Not trying to be a troll here, but... by Nyder · · Score: 2, Insightful

      Also they weren't asking for HIS username and password, they were asking for THE username and password. There is a difference as any competent sysadmin should know. I won't give up my password to any systems here at work. Policy requires that I do not. However my password is only for my accounts. There are other accounts I have the password for, that are not mine, share accounts. There would be root on the UNIX systems, the local administrator account on the Windows systems, the enable password on the switches, the SA password on the DB server, and so on. There is only one of those accounts (and in the case of things like root, can only be one). It isn't my password on them, it is a password all the IT staff share. That password isn't something I can change to one only I know and refuse to give out, I'd get in trouble for that.

      Big, big difference. Had the city said "We want your password to log in to your personal e-mail account and bank account," well ya, I'd be supporting him for saying no. However they wanted the system passwords for various devices and services that have but one master password. If those passwords were the same as his personal password that is bad security practice on his part, however there is still a solution: Change the passwords and give them the new ones (or change the password on your account).

      You miss the point. They should of had a copy of THE password to the system somewhere safe. They didn't. they failed. And they blamed Terry Childs for their fuck up.

      --
      Be seeing you...
  3. Sorry, but this dude had it coming. by Zexarious · · Score: 2, Interesting

    He broke the law and he's going to do a few years in prison for it. I don't understand what the big deal is? Should I have sympathy for him because he is a sysadmin?

    Justice system did exactly what it was designed to do, rehabilitate criminals and deter others from doing crimes.

    Next time, is he going to deny people access who deserve that access because of some ideological nonsense? Doubt it.

    Though he probably will never get hired in IT again, not just because he is a felon, but because you google his name and there it is, him keeping passwords away from his ex-employer.

  4. Heading this off--see link to juror by Anonymous Coward · · Score: 5, Interesting

    The juror has been interviewed some already, and is even on /.

    I had many bad assumptions myself. But if the juror is being at all truthful...this guy did some bad things.

    @see http://yro.slashdot.org/comments.pl?sid=1633482&cid=32010078

    1. Re:Heading this off--see link to juror by bartle · · Score: 4, Insightful
      Exactly. Quoting from this post on Slashdot:

      As to these configuration backups, Mr. Childs kept these on a DVD he kept with him at all times. Furthermore, this DVD was encrypted and could only be decrypted using his laptop (as the encryption program required not only a password, but access to a specific file that existed on the laptop).

      Can these actions be defended as anything other than job security? Unless someone has reason to think that BengalsUF is getting the story wrong, why is there so much popular defense for this guy?

    2. Re:Heading this off--see link to juror by rufey · · Score: 3, Informative

      If the person mentioned was on the jury, and there is nothing I've read of his to suggest otherwise, I highly recommend reading his recent posts on his slashdot user page: http://slashdot.org/~BengalsUF

      I learned more in 5 minutes about the case than I have over the past 2 years reading Slashdot and news stories. And, as it turns out, most of what I've read up until today has been embellished or simply was an opinion of someone who knew little about the case.

    3. Re:Heading this off--see link to juror by jafiwam · · Score: 2, Insightful

      That sure violates the "what if I get hit by a bus / win the lottery" rule.

      It's also the point at which it makes Childs a jackass that deserves jail over "just doing my job."

      A few minutes of talk and a phone call could have given him sufficient CYA and probably job security to fix what they break. He chose a power trip instead. Let him rot.

    4. Re:Heading this off--see link to juror by mangu · · Score: 2, Informative

      I read that post, and the replies, and it seems to me the jury did it wrong. Particularly this post seems to hit the nail on the head.

      A jury is *not* required to follow instructions to either absolve or condemn, otherwise what would be the meaning of it all? But too many jurors seem to be swayed by the judge's instructions, which should be mere guidelines. It's not the judge's privilege to make a decision in a trial by jury. In this case, the jury seems to have had a very technical interpretation based solely on the prosecution's version of what it means to deny access to a system.

      Terry Childs, if what we read in many reports is true, never denied access to anyone who actually needed to use the system. His only crime was to use his best judgment on who should be allowed to access the passwords. He never denied access to the *system*, he denied access to the *passwords*, which is a different thing. I don't need to give you the keys to my house in order to let you in. I think the jury reached a wrong decision, because the law is very clear on this point.

      It was his managers' duty to ensure that passwords were adequately managed, if they left that kind of decision entirely to Terry Childs then they shouldn't complain if his decisions weren't what they expected. When a manager lets a subaltern have total control of the passwords he cannot complain if that subaltern does exactly what he was ordered to do.

    5. Re:Heading this off--see link to juror by turbidostato · · Score: 2, Insightful

      "In fact, that's *EXACTLY* how I make backups of my important business files."

      Point being that they were not *his* important business files but San Francisco's ones.

    6. Re:Heading this off--see link to juror by green1 · · Score: 2, Insightful

      maybe was too limiting to really be practical, but I don't necessarily think it equates to a matter of ensuring job security as has been claimed.

      there's a simple test for that... If he had suddenly vanished off the face of the earth one day, can the business keep on going without interruption, has he documented all necessary information for someone equally qualified to him to simply step in and maintain what he started.

      The answer here is clearly no, there was no way for someone else to get in to administer those systems because he refused to let the password be known to anyone other than himself. That is not the way ANY successful company operates.

      This was him trying to make himself indispensable, not simply him making things "secure". There always has to be some way for business to continue if any one person vanishes, as such, any essential passwords, backups, etc need to be accessible to a replacement in some way. What that way is will vary by organization, some will have a safe for this information, some will simply make sure multiple people know the information, others will find a letter sealed in an envelope in the bottom of a filling cabinet to be "good enough" but whatever method is chosen it must be followed.

      It sounds like in this case the approved method was a secure database accessible by the sysadmins and management. his refusal to document his passwords and configs in that database are where he crossed the line from "secure" to "self important"

    7. Re:Heading this off--see link to juror by Darinbob · · Score: 2, Insightful

      The defense is probably because the city did some really stupid things and told some lies (or stretched the truth at least). Further there was so little information about what actually happened to justify a criminal proceeding. After all, it's not a crime to be a jerk, not a crime to be paranoid, not a crime to be an idiot, not a crime to not divulge passwords, not a crime to try and get some job security through legal means, etc. It's pretty clear that the city was mismanaged badly and was desperately trying to cover its ass.

      People naturally want to see a good guy and a bad guy in cases like this, and the city did a very good job of portraying itself as the bad guy.

  5. Re: Initiative by Phrogman · · Score: 2, Interesting

    I think they took away the "initiative to find a way to get the password to the right person in a secure manner" when they locked him up in jail and left him there. He evidently requested to see the mayor, and when the mayor arrived, gave him the password. Unless that isn't the way it went, I don't really see what else he could have done.

    Again though, I haven't read a good article that had significant details in it, just crappy links from /. and short articles that had few details. I want a time line, a copy of the relevant rules, links to a transcript of the court sessions etc :P

    --
    "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
  6. The sky is not falling. by Anonymous+Psychopath · · Score: 3, Insightful

    Prosecutors, judges and juries all consider intent. Making a mistake is not the same as malicious action. True, there are times when it's difficult to tell. This isn't one of them.

    --

    Eagles may soar, but weasels don't get sucked into jet engines.

    1. Re:The sky is not falling. by Ossifer · · Score: 4, Insightful

      In appropriate words: don't lie about you violent past, don't harass the person employed to do your background check, don't give false passwords to keep your boss' boss off your trail, don't admit to your co-worker that you're going to screw over your employer if they fire you, and most of all don't come afterward with the lame excuse of being the only IT God on the planet such that only you could ever possess the keys to the kingdom.

  7. He did 2 just waiting for court let him out now an by Joe+The+Dragon · · Score: 2, Interesting

    He did 2 just waiting for court let him out now and give him the time that he did.

  8. ugh by nomadic · · Score: 4, Insightful

    'There are suddenly thousands of IT workers all over the country that are now guilty of this crime in a vast number of ways.

    Setting up and configuring system where they have sole access, locking out the actual owner of the system, arbitrarily deciding that their direct supervisors aren't "authorized users" (based not on any actual rules or policies but their own nebulous "best practices" decision and by the way anyone who thinks a network engineer should have the authority to lock whoever he wants out of the system, based entirely on his own discretion, is incompetent), and then refusing to provide system access when he was assigned other responsibilities not dealing with locked system, then repeatedly refusing to provide the information even after being imprisoned? Really? Thousands of IT workers guilty of that?

    1. Re:ugh by Vellmont · · Score: 2, Insightful


      Childs wasn't dragged in just because he refused to give a password, he was convicted because of a series of arrogant and illegal decisions he made over a period of time.

      Please be specific. What were these illegal decisions he made over a period of time?

      Childs designed the system. He designed it to the people who actually paid for it didn't have ownership of it.

      Pure nonsense. Nobody else knew what a password was? Nobody else understood the concept of multiple people having access? Sorry, but this is just pure bullshit. It's 2010, not 1950. The systems Childs used are all well known, and well understood. Everyone understands what a password is, and what only one person knowing a critical password means. The idea that Childs is soley responsible for knowing the failures of the system is just patently ridiculous on multiple levels.

      Oh come on, the undisputed facts are pretty clear. They didn't call the law right away, they called it after they couldn't figure what else to do.

      Which doesn't make it right.

      --
      AccountKiller
  9. Not DoS by guspasho · · Score: 3, Informative

    Assuming the verdict is correct, Venezia writes, 'shouldn't the letter of the law be applied to other "denial of service" problems caused by the city while they pursued this case?

    Childs wasn't convicted of "denial of service", that's just rhetoric. He was convicted of computer tampering, as the linked Slashdot story explains in the summary.

  10. The case is very simple by SmallFurryCreature · · Score: 4, Insightful

    You got an upstart sysadmin who went on a powertrip and thought he was smarter then anyone else and therefor above any laws that only apply to lesser people.

    This is not uncommon with people who are highly intelligent but not to well versed in social skills. Not so much nerds but Mensa people. Like that reiserfs guy, thought he could get away with murder because he was smart and the police is dumb, they must be because they ain't him.

    Your assessment is 100% right and he had no call to judge the people asking for access to be unsuitable. His opinion simply did not matter at that time. It is like when a cop with a dog tells you to get down on the floor. That is not the time to start an argument. That is the time to get down on the floor and become part of how the justice system works, injustices included and part of the system, sucks to have it happen to you.

    If you ever find yourself in the same position as Childs, document EVERYTHING, in paper, print all emails and insist on written instructions, never verbal, and then do as you are told and get the fuck out of there.

    Do not argue with the system, you are not smarter. Do you know how you are not smarter then the system? If you think arguing with the system is a good idea.

    Childs is an idiot and yes, idiots go to jail. lets see him argue with Bubba about access to his ass.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:The case is very simple by nomadic · · Score: 5, Informative

      The way I read it, he was following the policy (law) to the letter.

      He was required to store system passwords in a central repository. He violated the policy by failing to do this.

  11. qual application of justice??? LOL by CPE1704TKS · · Score: 5, Insightful

    You've got to be kidding. Do you honestly think you can go back to prior cases and use that to show how something is or isn't a crime?

    What matters is how good your lawyer is and what sort of strings they can pull. Obviously, this guy's lawyer wasn't as good as the other guy's lawyer.

    The rules that apply to us DO NOT apply to rich people. Stop believing for one second that they do. Look at some black dude that goes to jail for 3 years for stealing bread vs. the Wall Street banksters that steal billions and get multi-million dollar bonuses.

    Marc Rich was convicted of tax evasion, and fled to Switzerland. It took $250,000 in donations to Bill Clinton for him to pardon him on his last day in office.

    There is no justice, all there is is how much money you have to spend to grease the wheels of the system.

  12. No kidding by Sycraft-fu · · Score: 3, Insightful

    Only way I see you being "at risk" is if you are an asshole, or the policies are extremely unclear. In the event of the second case, well then take it upon yourself to get them clarified.

    Personally, I'm not worried. Here our policy is that various critical information, including things like root passwords, has to be kept in a safe. My boss is responsible for all that. Also, all our IT staff has the passwords for everything (in theory, there are some I can't remember because I never use them). So, I'm not worried about a situation where I have sole access to a system an am being pressured to divulge the password. They are stored in a location per policy, and the people who can access them are specified by policy. All I need to do is look at the policy and make sure I follow it, and also make sure that should I set up a system that uses a special password for some reason, it gets documented.

    Always remember: They aren't your systems, it's not your network. They belong to the organization that you work for. That means said organization gets to decide who gets what access. You can, and should, have input on that policy, but you can't unilaterally declare that you are the only one.

  13. Before everybody gets their shorts all twisted . . by pushf+popf · · Score: 3, Insightful
    The three cardinal rules if IT would have protected him:
    1. Remember: It's not your hardware, network or data. You just work there.
    2. When your boss asks you for the password, give it to him.
    3. Don't be a dick.

    IMO, he got what he deserved, and nobody else has anything to worry about unless they plan on breaking the above rules. (Especially #3)

  14. Re:Before everybody gets their shorts all twisted by Anonymous Coward · · Score: 5, Insightful

    You're breaking rule #3.

  15. Re: Initiative by biryokumaru · · Score: 3, Informative
    --
    When you're afraid to download music illegally in your own home, then the terrorists have won!
  16. No, absolutely not by Sycraft-fu · · Score: 2, Insightful

    I mean the keeping of a backup with heavy encryption is certainly defensible. After all you might want to make sure you have the configurations in case you are away on vacation and get a panicked "Oh my god we blew up the network!" call. Of course you would want said data heavily encrypted, in case your laptop was stolen.

    However when those are the ONLY copy, other than the running config? Hell no, that is a blatant attempt to lock others out. Reliability of the service must always come first. So for one, the configs should be stored on the system flash. There's no security risk there, to get at that you either have to have enable access to the system, or be at it physically. In either case you can already do what you want. Also, I'd want other backups stored on a local configuration server somewhere, in case a switch just shit itself and you had to restore to a completely new one.

    The only result of the situation he set up was to make everything critical on him.

  17. SF is criminally stupid by unix_geek_512 · · Score: 4, Insightful

    SF is criminally stupid, that's all there is to it. They've wasted taxpayer money over a case that should never have been brought.

    Their own employees and contractors caused a ton of downtime trying to get control of the network. If they'd left things alone there wouldn't have been any downtime.

    Not to mention they violated they guy's constitutional rights over something that could have been resolved amicably within 24 to 72 hours.

    Instead, they acted like a totalitarian regime and threw the guy in jail to break his will to resist.

    It's the people in charge of SF that should be prosecuted not this guy.

    Did he act like a damn jerk? You Bettcha! Did the city act like Ioseb Besarionis dze Jughashvili in 1936-1938? Heck yeah!

    Anyone in IT should be worried about ending up like this guy if they anger the SF city government in any way, this could be one heck of a bad precedent.

    Semper Fi Comrades

    1. Re:SF is criminally stupid by Kenja · · Score: 2, Insightful

      You do not "leave things alone" when the only person who has access to your network equipment is a disgruntled ex-employee.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  18. The "taxpayers' money"... isn't. by Tetsujin · · Score: 5, Insightful

    "but it was bought and paid for by the City of San Francisco"

    Excuse me, it was bought and paid for by THE PEOPLE OF SAN FRANCISCO.

    Paid through our tax money, which also means it was paid for through *HIS* tax money.

    The government is supposed to serve the public trust and taxes are their main source of revenue - but I take exception to this attitude that, because someone pays taxes, government funds are somehow their money. It's not your money anymore, you gave it to the government. The fact that some of it once belonged to you (even if only on paper) does not entitle you to a stake in deciding how it is used.

    So, for instance: yes, your taxes pay the wages of the police. This doesn't mean you get to boss them around.
    Your taxes pay for the schools, but that doesn't entitle you to decide the curriculum.
    Your taxes pay for government infrastructure, but that doesn't mean you can micro-manage the government.

    That's not to say citizens in the US (or anywhere else, for that matter) have no stake in the government or its affairs - but the money paid in taxes has nothing to do with that. We have a stake in our government because the operation of the government affects our lives, in the short term and the long term. Would this stake not still exist even if the government could somehow operate without taxing its citizens? IMO bitching about "the taxpayers' money" is just a cheap way to get the attention of people who would otherwise not care.

    --
    Bow-ties are cool.
  19. Re: Initiative by Sycraft-fu · · Score: 3, Insightful

    Ummm that was way, way later in the proceedings. Read the news stories about it and BengalsUF's information. It wasn't like the came in to his office one day and arrested him. He was, repeatedly, asked for access and he wouldn't give it. He had created an extremely locked down system that only he could get in to. He refused to give others access, and gave out false passwords to try and throw people off. Finaly yes, it came down to a "You hand it over or we arrest you." He wouldn't so they did.

  20. Re:Before everybody gets their shorts all twisted by shitdrummer · · Score: 4, Insightful

    I would never hire anyone for a technical role who would give a password to an unauthorised person, including their boss (assuming they're not authorised to receive it).

  21. Re:Before everybody gets their shorts all twisted by ClosedSource · · Score: 5, Funny

    Don't worry, you probably won't be hiring anyone until you stop calling yourself shitdrummer.

  22. Re: Initiative by biryokumaru · · Score: 5, Informative

    Actually, this is the best thing I've read on the subject, by far.

    --
    When you're afraid to download music illegally in your own home, then the terrorists have won!
  23. Re:Before everybody gets their shorts all twisted by Ihmhi · · Score: 2, Interesting

    Wasn't the mayor his boss? I seem to recall that it has been stated many times that Childs would have given the passwords to the mayor and the mayor only just as he has been told to do. Unless new facts in regards to this have come to light then it is my opinion that he was doing his job.

  24. Re:The "taxpayers' money"... isn't. by Ihmhi · · Score: 2, Insightful

    The government is supposed to serve the public trust and taxes are their main source of revenue - but I take exception to this attitude that, because someone pays taxes, government funds are somehow their money. It's not your money anymore, you gave it to the government. The fact that some of it once belonged to you (even if only on paper) does not entitle you to a stake in deciding how it is used.

    You are completely wrong on this point. You are entitled to decide how it is used. How much worse would government be if they could just do whatever the fuck they wanted with tax money with absolutely no opposition whatsoever? Pessimists and/or cynics will say that that is already the case, but even now there are at least *some* people fighting things they disagree with for whatever reason.

    You do have a say in how government resources are used because it is your money. Use the boxes - soap box, ballot box, jury box, ammo box (in that order).

  25. Bad Laws? by IonOtter · · Score: 2, Insightful

    "I know no method to secure the repeal of bad or obnoxious laws so effective as their stringent execution." - Ulysses S. Grant

    --
    [End Of Line]
  26. Re:Before everybody gets their shorts all twisted by fractoid · · Score: 2, Funny

    He doesn't work there.

    --
    Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
  27. This guy was a arrogant jerk. by techvet · · Score: 2, Insightful

    He plays peek-a-boo with the passwords and then tries to play Lord God of the network, as if he answered to no one. This guys gives other sysadmins a bad name. He was a Class A jerk. Perhaps he got bad advice from someone, but odds are very high his arrogance brought him down. Nothing new - it happens in all venues (entertainment, sports, business, etc.). I also blame management for letting it get to this point. It should never have been to the point where only he knew the passwords. They should be reprimanded as well unless he unilaterally changed them without their knowledge. Then he definitely deserves to be punished. What a jerk.

  28. Re:Turn in your keys by gclef · · Score: 2, Informative

    Yes, you are. They are not your property, and never were.

  29. Re: Initiative by Anonymous Coward · · Score: 2, Informative

    It didn't come down to "You hand it over or we arrest you" it came down to Terry getting ready to flee the state without telling anyone the passwords and the police having to arrest him to make sure he didn't.

  30. Re:Turn in your keys by PPH · · Score: 2, Interesting

    Building keys != sys admin passwords.

    Back when I left Boeing, I gave my replacement the passwords (root and others) for all the systems I was responsible for. Plus instructions on changing them as well as revising some configuration settings that directed system maintenance messages to my personal pager. For four years thereafter, I'd continue to get messages for various system events. Inspection of the message headers indicated that they had never disabled my various system accounts from which these messages originated. I never tried to log on, but I'm willing to bet that my passwords were never changed.

    My problem? I doubt it.

    --
    Have gnu, will travel.
  31. Re:Before everybody gets their shorts all twisted by dudpixel · · Score: 2, Funny

    Could I please have your password?

    --
    This seemed like a reasonable sig at the time.
  32. interview with the netword engineer on the jury by 0WaitState · · Score: 5, Insightful

    Pretty interesting interview with one of the jury members, who appears to understand the issues. Terry Childs juror explains why he voted to convict

    The juror lays out the legal issues pretty effectively, and makes a compelling case for conviction on those issues, while also discussing the incompetence of the city's IT department. Apparently he does not believe in jury nullification.

    Personaly I disagree with the outcome on the basis that I think the City of San Francisco illegitimately used its combined capabilities as employer, and owner of a court system and police force to escalate a civil employment matter into a criminal case, and then jailed a man for 2 years pre-trial on a laughable pretext. But I appreciate this juror's willingness to discuss the issues.

    --

    Remain calm! All is well!
  33. Re:Jury Nullification by westlake · · Score: 3, Informative

    That is what jury nullification is for. Unfortunately, most jurors don't know about it and the judges refuse to tell them

    The home town boy, the white bread kid, escaped the noose. The black man was lynched.

    That has always been the reality of jury nullification - and the geek - the outsider, the prick, the wierdo - who looks to nullification for his salvation is a a god-damned fool.

  34. Re:Before everybody gets their shorts all twisted by shitdrummer · · Score: 2, Insightful

    I'm not in the US, so I can't really talk about US bank security. But there is a difference between customer security and internal security.

    I'm dealing with systems that entire banking sectors use to transfer funds between each other. Many billions of dollars passing through these systems daily.

    Compare the risk associated with those systems to the risk of a customer losing thousands (even hundreds of thousands) of dollars. Many banks choose to wear the risk of fraud to make customer interaction easier. Not saying it's right or not, but there's always a trade off.

    Look at the way some banks (particularly in the US) hand out credit cards. They know that some people aren't going to pay their bills but they calculate (correctly) that the percentage of defaults will be low enough that the overall business will be profitable. They could get tougher with their customer selection criteria so that virtually noone defaults, but they realised they can make more money this way.

  35. taxation without representation by SuperBanana · · Score: 2, Informative

    The fact that some of it once belonged to you (even if only on paper) does not entitle you to a stake in deciding how it is used.

    That's pretty effin' funny, given that this country was founded after a revolution based on the simple concept of being taxed but not receiving representation in exchange.

    So, uh, yes- if you're taxed, you damn well do get a stake in deciding how it is used here in the US. Fun fact: in the state where the revolutionary war started (MA), we have "town meetings"- and they're not the kind of Town Meeting you see politicians holding, which are basically just "get some people in a high school gym and have them ask you some questions."

    No, see: town meetings are where the town (anyone who wants to show up) debates and votes on damn near everything from policies to budgets. The rest of the year, the town is run by a town council, also elected.

    It's impressive to see an entire basketball court full of chairs, and 15+ rows on each side, full of town residents. Democracy in action.

  36. Re:The dictionary definition of tragedy by Eskarel · · Score: 3, Insightful

    Terry Child's crime was being a borderline psychotic control freak, ensuring that no one other than himself had access to any system and that they could not easily recover the system and then refusing to turn over any of the passwords or configuration.

    This was not a system designed to resist sustained viscious attack. Apparently the switches all came back up from a power cut without any configuration and he was the only person who knew where the configurations or how to decrypt them. You could guarantee major downtime for the city just by cutting the power and hitting this guy with a crowbar.

  37. Re:Lesson learned. by jimicus · · Score: 3, Insightful

    Then - there's no nice way to put this - you are an idiot.

    There are established protocols for preventing this situation for coming up in the first place. Well, actually they're there in the event of you getting run over by a bus but they'd work just as well if you got fired.

    The established protocol is that the passwords are encrypted and a brief written explanation for how to decrypt them (be it key, file or passphrase) is kept somewhere secure such as a bank deposit box or in a sealed envelope in a safe to which few others have access.

    Yes, it does open the organisation to a certain degree of risk. But the risk is substantially lower than setting things up so that if you get run over by a bus, your former employer is totally screwed.