Re: airgap / negligent homicide charge

2011-11-14 Thread James Downs
On Nov 14, 2011, at 5:15 PM, Steven Bellovin wrote: > And here's a quote from a legal textbook: > in this area of the law to those of the public. In other > words, society may require of a person not to be awkward If only that were more generally true. -j

Re: airgap / negligent homicide charge

2011-11-14 Thread Steven Bellovin
Here's a quote from a famous court case (T.J. Hooper) on liability and industry standards: 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

Re: airgap / negligent homicide charge

2011-11-14 Thread Mickey Fox
The determination of whether a failure rises to the level of negligent homicide will require a review of industry standards, company standards and sometimes straight common-sence. If the industry standard is airgap re security you are probably okay so long as you review and address the very concer