Re: Using 0days as part of pen-test?

[David Howe <DaveHowe.Pentest () googlemail com>]

Shenk, Jerry A wrote:
> I'm not sure I agree with this statement.  If I'm testing a client's 
> app and I find a vulnerability, I don't have any ethical requirement 
> NOT to tell them.  In fact, they are paying me so it seem like the 
> (to a degree) own the results of my testing.  In fact, I would give 
> the client the option to determine how the vendor gets notified. I've
> typically given the client full information and let them notify the
> vendor and call me in if needed.

Seconded. You have no legal requirement (although it's Best Practice) to
follow the Responsible Disclosure procedures, but you can make a
reasonable case that, if you are being paid by your client and not the
software vendor, that you have a duty to disclose any or all material
vulnerability information (under NDA if appropriate) you discover during
your investigation.

I know a lot of vendors try the "no announcements, no disclosures, no
reviews without permission" approach, but that isn't binding on you
unless you are *their* customer - of course, you can (and they probably
will) try claiming that the agreement is binding on subcontractors of
customers, but I doubt they can claim that holds true when communicating
your "concerns" to your employer (i.e. if your only duty of
non-disclosure is as an employee of 'x', then disclosing to 'x' can't
possibly be in violation of that duty, as you are an employee of 'x' and
therefore any info is already the property of 'x' - they can't have it
both ways)