Secondly, this seems to be a straightforward database misconfiguration. The database was set to public with no restrictions. It likely wasn't accessible to anyone who wasn't explicitly looking for it, i.e. security researchers or black hats. Yes, this was horrible, but nothing bad happened here. The database was simply set to private.
Third, my friend, chillax a bit. Yes, it's extraordinarily important to protect people's medical data. But no, you're not personally liable if a fuckup happens. Everyone fucks up. That's why the fuckups are covered by legal protections. You take your job seriously. Good! But you also take your job way too seriously. Bad. You're gonna burn yourself out within a decade with this mindset.
None of this is to say that what happened didn't matter. Of course it matters. But you are literally saying you'd be begging to be let into prison. That's not proportionate, and feels like a reflection of the current social climate of retribution-as-forgiveness.
It isn't. I get that experience as a pentester can make you jaded to security practices, but the healthcare space is extremely regulated and much of what the grandparent said is a direct result of that.
> Secondly, this seems to be a straightforward database misconfiguration. The database was set to public with no restrictions. It likely wasn't accessible to anyone who wasn't explicitly looking for it, i.e. security researchers or black hats. Yes, this was horrible, but nothing bad happened here. The database was simply set to private.
This isn't just a minor misconfiguration. Again, this is a regulated space, with rules. There should be multiple layers in place to make sure that this is not opened to the public. There's risk assessments that needed to be carried out when the database was launched, and on a regular cadence afterwards. "It wasn't accessible to anyone who wasn't explicitly looking for it" isn't reassuring. Look at access logs on any device with a public IP address and it's clear that people are constantly looking.
> But no, you're not personally liable if a fuckup happens.
Under HIPAA, you can be held personally liable. This includes jail time for certain classes of violations.
> But you also take your job way too seriously. Bad.
People working in this space are required to have regular training and undergo audits of their activity, what information they access, risk assessments on how it is stored, and long, drawn out compliance activities just to get access.
Has anyone ever been actually sent to jail under HIPAA for something comparable to an honest DB config mistake? Has anyone been credibly threatened with it in the court of law? Has anyone come remotely close?
It's the same thing with PCI. They say you can go to jail for violations but exactly 0 people have ever been prosecuted, despite constant negligence in the payment industry.
Suppose you fucked up, and the worst happened: You were the reason the database was misconfigured. What then?
Then you live your life. You think future employers are going to pass on you because of it? Maybe some would. Most don't give a shit. They care about one thing and one thing only: whether you can help them achieve their objectives.
Morals are a fine thing, but the reality is that the original comment was correct: Nothing will happen to these people. As it should be.
They are required under law to notify the affected people. THat's the extent of what will happen. There may be legal repercussions for the company. And I'm sure the engineers will feel pretty awful at this mistake. I know I would. Everyone does.
But that doesn't change the fact that the world is insecure.
Yes, I'd be a bit surprised if this database hadn't already been detected by some automatic IP and port scanning scripts, and the wrong people found out about it
(I don't with exactly these things though do I might be mistaken)
Just to be explicit about it, I'm not suggesting the release of this data isn't a problem. Just that as medical data goes this is about an innocuous as it could have been. Even day-to-day visits to your primary care doc would probably have references to much more sensitive health data.
At least there's a cynical take on this. They have no inherent interest in protecting this data, absent external pressures or legislation that imposes penalties.
It strikes me the real issue is the lack of negative inventive for people and businesses who screw up with data. If you build something physical that falls down and hurts people, your investor money ends up paying compensation. In tech though, the goal seems to be to make the revenues without ever touching the responsibility.
The story over the weekend of Amazon trying to avoid being deemed liable as a seller for goods they ship, (often) deliver, warehouse, market, dispatch and receive seems to sum this up. A race to the bottom when it comes to protections - Amazon effectively is a shop selling goods from others, as it all happens on their terms. We see similar in physical retail where the manufacturer or reseller has a retention of title over goods in the store, and that doesn't affect the store being responsible. It seems like the "being responsible for what you build" is very much lacking in tech companies, due to lack of external regulation to achieve it. Same here in this case.
The user already pays for the insurance (or hardware or service in other cases), so the data collected should only be used for those purposes, e.g., handling the claim and not building AI models without the necessary care. The customer should have the right to sell their own data to a company they see fit to take care of it appropriately and that compensates them for it.
The reason you'll get yourself in trouble and these people won't is because you are operating in different moral systems. Where they operate, the moral thing to do is whatever it takes to succeed, it's entirely moral to "fake it until you make it" to buy media articles promoting your product, to sell media space your readers believe is actually curated, to the highest bidder.
You operate in the "ivory tower" they hate, because it's slow and puts up boundaries that limit people from succeeding at all cost, that makes you think about the consequences of your actions. They call it slow and inefficient, I call efficient in the long run.
But I know plenty academic researchers with a "move fast and break things" and "ignore all rules" attitude. In any highly-competitive system there will be those that gain an advantage by being amoral while everyone else follows the rules. Healthcare is probably especially vulnerable to this as the rules (and legitimate companies following them) has resulted in healthcare lagging far behind other industries in terms of new technologies.
-M. Tullius Cicero. De Officiis. Book II.
I sat down with the CEO and discussed our plans (to upload the data to our S3 buckets with ACLs) along with all our other security plans, pointed out the two of us were professionally and legally on the hook (her more than me, as I was not an executive and had limited liability), and what I was doing to protect the clinical data we had. We looked at our plans, and ultimatley concluded we could both sleep happily at night with what we were doing.
It was definitely a lot of work to maintain the ACLs and monitoring and checking to make sure we weren't leaking data, and a lot of education for our scientists. Even if something negative had happened, we would have been able to foresically detect it, and work with legal authorities with confidence we had done a good-faith, better-than-average practices implementation.
Not true. They may end up putting out a press release explaining how "Here at Company X, we take security very seriously. Securing data is very important, and we will investigate ourselves to understand if we did anything wrong." So yea, consequences!
If I fucked up on this scale, jail would be the least of my worries. I'd never work again. I'd be professionally shunned forever, with no hope of redemption once my name is attached to the incident in some Google search. No more grants, no more collaborations, no nothing. I'd be ruined. Frankly I'd be begging to be let into prison; where else am I gonna be able to eat?
Nothing will happen to these people.