Re:Woman dies during a ransomware attack on a German hospital
by Majromax on Friday September 18, 2020 @05:45PM
(#24522191)
> Some places, the 'code' is merely a tool for businesses or other organizations to avoid liability.
And that's important. You have to have some place to draw the line between "we did nothing and we're all out of ideas" and "what do you mean you didn't write your own operating system from scratch and hire fifteen security experts to continuously analyze it for un-patched zero-day exploits?"
That's where industry standard "best practices" come in. Once some sort of standard is issued (by regulation) or accepted (by industry), it becomes the thing that a Reasonable Person does. Meeting that standard is then usually sufficient to avoid charges of (or additional liability for) negligence.
> If the brakes go out on your car, and you smash into a building
In this case, you're liable because you carry strict liability for your actions as a driver. However, proof that you've kept the car in working order would be sufficient to escape any criminal charges (dangerous operation of a vehicle, for example)
And that's important. You have to have some place to draw the line between "we did nothing and we're all out of ideas" and "what do you mean you didn't write your own operating system from scratch and hire fifteen security experts to continuously analyze it for un-patched zero-day exploits?"
That's where industry standard "best practices" come in. Once some sort of standard is issued (by regulation) or accepted (by industry), it becomes the thing that a Reasonable Person does. Meeting that standard is then usually sufficient to avoid charges of (or additional liability for) negligence.
> If the brakes go out on your car, and you smash into a building
In this case, you're liable because you carry strict liability for your actions as a driver. However, proof that you've kept the car in working order would be sufficient to escape any criminal charges (dangerous operation of a vehicle, for example)