From: Campbell Murray (campbell@encription.co.uk)
Date: Fri Jun 09 2006 - 13:53:48 EDT
Hi,
I have been following this list closely and have taken some legal advice
from colleagues within the UK Police forces and UK solicitors on this
matter. The position seems to be quite clear.
A) If you discover illegal activity you have an obligation to report this to
the proper authorities immediately regardless of contractual obligation. In
short your legal obligations supersede any contractual obligations you may
have with a client or employer.
B) If you choose to report this to your client and let them deal with it you
are again obliged to make sure that they DO report it.
C) If an offence is not reported and it is later discovered you will find
yourself liable for a charge of 'aiding and abetting' the original offence.
The over riding theme that I have discovered is that regardless of any
contracts you have with your employers or clients in this situation YOU have
a responsibility to report the incident. If you do not you are committing
an offence yourself.
HTH
Campbell Murray
Encription limited
www.encription.co.uk
-----Original Message-----
From: Paul Robertson [mailto:compuwar@gmail.com]
Sent: 08 June 2006 23:22
To: Robin Wood
Cc: pen-test@securityfocus.com
Subject: Re: what to do it illegal activity found during pen-test
On 6/2/06, Robin Wood <dninja@gmail.com> wrote:
> Hi
> I was wondering the other day, what should I do if during a pen test I
> found some illegal activity (internal, not from hackers) on the
> network being tested. My initial
My contracts generally give me the authority to report illegal activity to
any relevant authority. For things like child pornography, I stop working
on whatever the issue is and immediately do a law enforcement notification,
followed by a formal client notification. For potentially gray-area
matters, I normally give the client the information in writing- the same
sort of thing I'd do if I was a company employee who saw something and
reported it up the chain. If there's likely to be an issue, I make sure I
have the conversation up-front with the client prior to my starting work.
Most of my clients appreciate the ethical lines, and most of the folks who
don't aren't the type I want as clients.
Paul
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