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Mich Kabay takes a high-level view of security issues and provides resources to help safeguard your corporate and personal security.
In the first of this three-part series, Becki True, CISSP and I recounted the story of the breach of security of the colemanforsenate.com Web site. This second column is also the product of close collaboration between True and myself.
* * *
What would have been the ethically correct decision in this case, and how can we know that it is ethically correct? The first stage of an ethical decision filter asks if our action violates laws. Did the other players in this incident of full disclosure break any laws? We are not lawyers, and am not qualified to provide legal advice, but 18 USC 1030(a), the Computer Fraud and Abuse Act of 1986 states that:
"Whoever — (2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains — (a) information contained in a financial record of a financial institution, or of a card issuer" is subject to fines and jail time. "The term 'exceeds authorized access' means to access a computer with authorization and to use such access to obtain or alter information in the computer that the accessor is not entitled so to obtain or alter."
Former Senator's donor database exposed on Wikileaks
From this reading, we take it that the person(s) who downloaded the database seems to have violated 18 USC 1030(a).
In contrast, Attorney Jennifer Granick is the Civil Liberties Director at the Electronic Frontier Foundation and the Executive Director of the Center for Internet and Society at Stanford Law School. According to her, neither Richards nor Wikileaks.org broke the law. "Based on her knowledge of this case, as well as the law, Granick said it was legal for Richards to view the Web directory on which Coleman's donor list resided. "There has to be some kind of indication that information is locked away," she said.
The next stage is to ask if your actions comply with the rules of the profession. Are there standards in the IT profession
that were violated here? Many IT certifications and associations, especially those related to the security field do have such
codes of ethics:
• (ISC)2
• EC-Council
• ISACA
• SANS
• ISSA
In our opinion a code of ethics should be required for all IT certifications, so all IT practitioners can be aware of the ethics of our profession. In our opinion, an IT professional should have taken action to notify the administrators of the Coleman Web site that there was a problem and sensitive information was vulnerable to exposure rather than exposing the vulnerability in public.
M. E. Kabay, PhD, CISSP-ISSMP, specializes in security and operations management consulting services. CV online.
Comments (5)
The courtesy showed to Adria RichardsBy rthomasgarfield on October 8, 2009, 2:41 pmHow nice that 'one of us [MK] did contact Adria Richards and found her to be a charming, intelligent and thoughtful information technology professional. We sent...
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Ethics vs the LawBy Anonymous on October 8, 2009, 3:45 pmThe law is poor at requiring ethics; all of the questions you asked cannot be defined as required in the law, only specific outcomes. There cannot be two correct...
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Where the good judgement?By pjbrockmann on October 8, 2009, 4:46 pmIsn't good ethical behavior based on how you'd like others to treat you? Would you like others to exploit your flaws in a public forum? That's the rule I use and...
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ObviousBy tekcetera on October 8, 2009, 6:34 pmI think it's obvious what Ms. Richards should have done. She should notified the web administrator that confidential data was exposed and waited for remediation...
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What about accountability for the Coleman campaign?By Anon on October 9, 2009, 1:41 pmWhile I don't necessarily condone the disclosure of information found on the Coleman campaign web server, I have to wonder... Where is the responsibility and accountability...
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