RE: Microsoft confirms source code leak

["Bernie, CTA" <cta () hcsin net>]

On 13 Feb 2004 at 7:32, Edward W. Ray wrote:
> "Does it not appear that the leak could have been done to ensure
> that M$ has a legal argument to abate liability in case they are
> sued?"
>
> I think their EULA which you accept when installing covers their
> ass for just about anything.
<<<
This may be true where WIN OS based box is deployed in a 
commercial environment. However, I think their EULA is trumped 
by the new US Federal Regulations (HIPAA, DHS, CFR, etc) if the 
Microsoft knew or should of known that their Win OS was going to 
be deployed in a solution that was designed to ensure the 
security (integrity, confidentiality, accessibility) of people, 
premises, critical infrastructure, systems, resources or data 
and knew or should have known that their Win OS had 
flaws/vulnerabilities which could be exploited to threaten such 
security and failed to disclose such flaws/vulnerabilities to 
the buyer.

At minimum, the new regulations require that all known 
Privacy/Security Risks be disclosed and safeguards, policies and 
procedures be put in place to mitigate these risks. 

--

--
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Bernie / cta () hcsin net
Chief Technology Architect / Chief Security Officer
Euclidean Systems, Inc.
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// "There is no expedient to which a man will not go 
//    to avoid the pure labor of honest thinking."   
//     Honest thought, the real business capital.    
//      Observe> Think> Plan> Think> Do> Think>      
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