On Jun 8, 2010, at 9:26 PM, Steven Bellovin wrote:

>> Problem is there's no financial liability for producing massively 
>> exploitable software.
>> No financial penalty for operating a compromised system.
>> No penalty for ignoring abuse complaints.
>> Etc.
>> 
>> Imagine how fast things would change in Redmond if Micr0$0ft had to pay the 
>> cleanup costs for each and every infected system and any damage said 
>> infected system did prior to the owner/operator becoming aware of the 
>> infection.
>> 
> 
> It isn't Microsoft.  It once was, but Vista and Windows 7 are really solid, 
> probably much better than Linux or Mac OS.  (Note that I run NetBSD and Mac 
> OS; I don't run Windows not because it's insecure but because it's an 
> unpleasant work environment for me.)
> 
> Microsoft is targeted because they have the market.  If Steve Jobs keeps 
> succeeding with his reality distortion field, we'll see a lot more attacks on 
> Macs in a very few years.  It's also Flash and Acrobat Reader.  It's also 
> users who click to install every plug-in recommended by every dodgy web site 
> they visit.  It's also users who don't install patches, including those for 
> XP (which really was that buggy).  There's plenty of blame to go around 
> here....
> 
> A liability scheme, with penalties on users and vendors, is certainly worth 
> considering.  Such a scheme would also have side-effects -- think of the 
> effect on open source software.  It would also be a lovely source of income 
> for lawyers, and would inhibit new software development.  The tradeoff may be 
> worth while -- or it may not, because I have yet to see evidence that 
> *anyone* can produce really secure software without driving up costs at least 
> five-fold.
> 
> 
Open source should be basically covered by the equivalent of a good samaritan 
clause.

After all, the source is open, so, anyone who wants it fixed can fix it.

OTOH, non-open-source software which is subject to dependency on a vendor who 
got paid
for the software as a professional development house should carry a different 
standard of
liability.

Just as the mechanic you pay at the local garage is held to a higher standard 
of liability than
the shade-tree mechanic on your block that changes your oil for free.

Owen


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