Firewall Wizards mailing list archives
Re:
From: "Steven M. Bellovin" <smb () research att com>
Date: Fri, 27 Aug 1999 16:08:21 -0400
In message <Pine.LNX.3.91.990826191745.19365D@gargoyle>, "Paul D. Robertson" wr ites:
On Thu, 26 Aug 1999, Rick Smith wrote:almost any bank's physical security if one takes the time to look). What matters is that the measures are consistent with reasonable and prudent practice in the associated industry. This is, of course, a pretty low bar[Warning: US-centric content] I don't think this test necessarily applies to current caselaw. While "best current practice" and "in the associated industry" come up constantly, the citations I've heard say that a case (Forgive me for not having a direct citation, I'm not sure where I stored the original comments anymore) in the early 1900's that applied to commercial shipping organizations and not providing lifevests to crewmembers applies and that "best common practice" isn't a high-enough standard no matter what an industry may think (at the time, few to no Great Lakes commercial fishing vessels issued lifejackets to crewmembers.) If there's conflicting caselaw, I'd like to know, and I'll dig up the exact citation for the above example, making lawyers nervious is almost as fun as grilling "technical sales support" people.
I suspect you're thinking of the T.J. Hooper case, which Bill Cheswick and I cited in our firewalls book. Here's the quote from the Court of Appeals ruling (60 F.2d 737, 2nd Cir. 1932): Indeed in most cases reasonable prudence is in face common prudence; but strictly it is never its measure; a whole calling may have unduly lagged in the adoption of new and available devices. It may never set its own tests, however persuasive be its usages. Courts must in the end say what is required; there are precautions so imperative that even their universal disregard will not excuse their omission... But here there was no custom at all as to receiving sets; some had them, some did not; the most that can be urged is that they had not yet become general. Certainly in such a case we need not pause; when some have thought a device necessary, at least we may say that they were right, and the others too slack. ... We hold [against] the tugs therefore because [if] they had been properly equipped, they would have got the Arlington [weather] reports. The injury was a direct consequence of this unseaworthiness. The issue was whether or not tugboats needed to be equipped with radios to receive weather forecasts.
Current thread:
- Re: Steven M. Bellovin (Aug 27)
- Re: Paul D. Robertson (Aug 30)