RE: Non Disclosure Agreements

["David Gillett" <gillettdavid () fhda edu>]

  It seems to me that the work that they're hiring you for
is not likely to produce discoveries of the form "program
XXX is vulnerable to exploit by doing YYY" -- the sort of
thing Bugtraq would be interested in -- but rather more
"company AAA has currently deployed a version of XXX that
still contains known vulnerability YYY".
  Publicizing such a discovery might, in itself, be construed
as an attack on (or incitement to attack) company AAA.

  California has a new law requiring disclosure of actual
compromises (not vulnerabilities), and other jurisdictions
may follow suit.  As long as the agreement makes it clear
that you are not responsible for ensuring compliance with 
such requirements, I don't think there's a problem.

David Gillett


> -----Original Message-----
> From: Tim Heagarty [mailto:Tim () TheaSecure Com]
> Sent: May 8, 2003 10:09
> To: security-basics () securityfocus com
> Subject: Non Disclosure Agreements
>
>
> I have a potential client that wishes me to go to their 
> customer's site and
> perform various normal analysis activities on a system that 
> the client has
> written and installed at the customer's site. My client wants 
> me to produce
> a NDA with them that would contain the following points.
>
> I can only disclose vulns in the system to the customer and 
> to my client.
> The customer cannot disclose vulns that I find in their 
> system to anyone but
> the vendor/my client.
>
> These are large public systems that are used by thousands of 
> end users and
> contain great potential for customer harm if the system has a 
> problem that
> is not immediately repaired. A small vuln would allow 
> thousands of private
> records to be exposed.
>
> I feel like my hands would be tied. If I found something that 
> I felt was
> major and the vendor did not then I could not expose it to bugtraq or
> anywhere else to protect the safety and privacy of the end 
> user. Not even
> the vendor's customer could expose the holes in their system 
> without the
> vendor's approval.
>
> Have you folks run across this before? What did you do? Any ideas?
>
> Tim Heagarty CISSP, MCSE
> http://www.TheaSecure.com/
> "There are only 10 kinds of people in the world, those that understand
> binary, and those that don't."
>
>
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