Bonum Certa Men Certa

Liability for Software When Life is at Stake

A few months ago we used the London Stock Exchange (LSE) as an example of hugely costly Microsoft failures. The stock market crashed in the technical sense and Microsoft, along with those who are informed or responsible, dodged questions about the problem, which recurs once in several months. That was about money, but this time around it's about people's welfare, health, and even lives.



With roughly 320,000,000 zombie PCs out there, how can any sane person put Windows in mission-critical settings like a hospital? Well, that's just what some people do. They apparently learned nothing from a hospital near Microsoft Corporation turning into a massive botnet and it's happening again, this time in London. Yesterday's reports indicate that 3 hospitals were shut down due to Windows virus infections:

BBC: Computer virus affects hospitals

Three London hospitals have been forced to shut down their entire computer systems for at least 24 hours after being hit by a virus.


The Register: PC virus forces three London hospitals into computer shutdown

Three London Hospitals shut down their computer systems on Tuesday in response to a computer virus infection.

[...]

The infection at Barts and London Trust was reportedly caused by the Mytob worm, which contains built-in spyware functionality. Mytob spreads by email and has the ability to plant backdoor software on compromised Windows PCs.


Database leaks are only natural to expect. This means that any person's personal information and health record can make its way into a hot BitTorrent within hours. It's wonderful, is it not?

“This means that any person's personal information and health record can make its way into a hot BitTorrent within hours.”We have already produced and provided some evidence to show that Windows is insecure by design and probably irreparable. Unless it's overhauled radically or reimplemented from scratch, it can never benefit from several decades of UNIX doctrine, mostly trials and errors which made a robust, scientifically-backed model.

With Microsoft whistleblowers crying foul about critical failures and then getting sacked, one can't help wondering how Microsoft perceives liability. Appended below are several fairly recent articles about liability, bad software, dangers in healthcare, and questionable EULAs.

For information about the NHS and Microsoft, see this page (to avoid needlessly repeating old references).

_____ [1] Experts are calling for product liability for software

"Product liability does not apply to software," Gerald Spindler of the Faculty of Law of the University of Göttingen complained. "But what if a whole company comes to a standstill due to faulty software?" he mused.


[2] "Microsoft's 10Q Risk Factors Lists Conceivable Liability for Data Leaks

Improper disclosure of personal data could result in liability and harm our reputation. We store and process significant amounts of personally identifiable information. It is possible that our security controls over personal data, our training of employees and vendors on data security, and other practices we follow may not prevent the improper disclosure of personally identifiable information. Such disclosure could harm our reputation and subject us to liability under laws that protect personal data, resulting in increased costs or loss of revenue. Our software products also enable our customers to store and process personal data. Perceptions that our products do not adequately protect the privacy of personal information could inhibit sales of our products.


[3] Linux guru argues against security liability

Alan Cox, one of the leading Linux kernel developers, has told a House of Lords hearing that neither open- nor closed-source developers should be liable for the security of the code they write.


[4] New banking code cracks down on out-of-date software

The banking industry has re-affirmed a policy that makes online banking customers responsible for losses if they have out of date anti-virus or anti-phishing protection. New Banking Codes for consumers and businesses took effect on Monday.


[5] Secure web browsing through Live Linux distros

Banking isn't the be-all and end-all: there's many other reasons you'd want a secure system, separate from what's on the hard disk, besides Internet banking. Traveller's can't necessarily trust the integrity of a computer in an Internet cafe.


[6] Online banking fraud 'up 8,000%'

The UK has seen an 8,000% increase in fake internet banking scams in the past two years, the government's financial watchdog has warned.

The Financial Services Authority (FSA) told peers it was "very concerned" about the growth in "phishing".


[7] Swedish bank hit by 'biggest ever' online heist

Haxdoor typically installs keyloggers to record keystrokes, and hides itself using a rootkit. The payload of the .ki variant of the Trojan was activated when users attempted to log in to the Nordea online banking site. According to the bank, users were redirected to a false home page, where they entered important log-in information, including log-in numbers.


[8] Microsoft confirms OneCare zaps Outlook, Outlook Express e-mail

Microsoft Corp. has acknowledged that a bug in its Windows Live OneCare security suite has been causing users' e-mail to vanish from Outlook and Outlook Express.


[9] In zombies we trust

A little over a year ago, I wrote an editorial where in back-of-the-envelope style (.pdf) I estimated that perhaps 15-30% of all privately owned computers were no longer under the sole control of their owner. In the intervening months, I received a certain amount of hate mail but in those intervening months Vint Cert guessed 20-40%, Microsoft said 2/3rds, and IDC suggested 3/4ths. It is thus a conservative risk position to assume that any random counterparty stands a fair chance of being already compromised.


[10] Your data or your life

As unlikely and alarmist as this sounds, it could really happen. Intracare is the publisher of a popular practice management system called Dr. Notes. When some doctors balked at a drastic increase in their annual software lease, they were cut off from accessing their own patients? information.

This situation is completely unconscionable. There can be no truly open doctor-patient relationship when an unrelated third party is the de facto owner of and gatekeeper to all related data.


[11] Use Health Vault, Lose Your Rights

Microsoft has announced (NY Times Article) Health Vault. What should have followed here is a review of the service by my actually trying it.

[...]

Heard enough? So had I. I'm absolutely going to pass on Health Vault. In addition to looking like the Microsoft Passport debacle redux, this is a very one-sided contract. They can harm you but you cannot harm them. There is no way for any 3rd party to verify that their privacy and security software works.


[12] Microsoft Healthvault Patient Safety in Question

One topic I've not seen addressed is the safety and effectiveness of the data within HV - and I don't mean "safety" as in the data is secure from unauthorized access or misuse. I mean "safety" as in the utilization of data stored in HV by other applications won't result in an unsatisfactory patient outcome, you know, like death or injury.


[13] HealthVault: No Commitments and a Sleeping Watchdog.

Has Microsoft committed to keeping the promises that it has already made? No, just the opposite. Their privacy policy concludes:“We may occasionally update this privacy statement”

Which means that when the commitments that Microsoft has made regarding HealthVault become inconvenient, they will simply change them.


[14] HealthVault: Failing the seven generations test

...My mother died of ovarian cancer. My grandmother took a drug while my mother was in utero that increase the chances that my mother would get ovarian cancer. Any consideration given to my mothers genetic propensity to get cancer must take into account this environmental influence...My grandmothers medical record will remain relevant for at least five generations...How long should we be keeping our electronic medical records? We should ensure that they are available for the next seven generations...A private, for-profit, corporation is an inappropriate storehouse for records that the next seven generations will need. Corporations do not last long enough. Consider the Dow Jones Industrial Average, of the original 12 companies that made up the index, only one is still listed...

[...]

But this is still Microsoft we are talking about, which all things being equal, is especially bad. Microsoft has a history of abusing standards, and using those abuses to enable and extend its monopolies. In short they have a history of “being evil” in exactly the sort of way that we cannot afford to have impact our healthcare records.


[15] Bill Gates: Vista is so secure it could run life support systems

While on a visit in Romania, where Bill Gates participated in the celebration of 10 years since the Microsoft branch has been running there, and the launch of Vista, Microsoft?s president declared that, with the right ammount of administration, the new Vista could run life support systems in hospitals.


[16] Do Microsoft's EULAs have any real legal basis?

"Microsoft has no special exemption from the sale of goods act." Well, no, probably not - but it might still be selling you "services" instead of "goods". But the real point to remember is that it doesn't matter a jot what the "logical" position is, it is what the courts decide that matters.

As far as I know, no one has tested Microsoft's EULAs in a UK court and, until someone does, Microsoft will just go on assuming that they work. And I don't fancy the risk of taking on Microsoft's expensive lawyers in court myself...


[17] EULA La Vista, Baby

Well, I've taken a good look at the license agreement -- I had insomnia -- and I've discovered some clauses that will freeze your blood, curl your hair, and do your nails.


[18] Vista's EULA Product Activation Worries

Mark Rasch looks at the license agreement for Windows Vista and how its product activation component, which can disable operation of the computer, may be like walking on thin ice.

[...]

"Does the Microsoft EULA adequately tell you what will happen if you don't activate the product or if you can't establish that it is genuine? Well, not exactly. It does tell you that some parts of the product won't work - but it also ambiguously says that the product itself won't work. Moreover, it allows Microsoft, through fine print in a generally unread and non negotiable agreement, to create an opportunity for economic extortion."


[19] MSN Music Debacle Highlights EULA Dangers

MSN Music’s EULA is a case in point. When active, MSN Music's webpage touted that customers could “choose their device and know its going to work”.

But when customers went to purchase songs, they were shown legalese that stated the download service and the content provided were sold without warrantee. In other words, Microsoft doesn't promise you that the service or the music will work, or that you will always have access to music you bought. The flashy advertising promised your music, your way, but the fine print said, our way or the highway.


Comments

Recent Techrights' Posts

International Troll Alert by Helen Plews
Helen Plews from Cybershow has this new article
The FSF (Free Software Foundation, Inc.) Can Reach Its Funding Goal of $400,000. This Bothers the Imposters and Foes of the FSF.
Software Freedom is something we must perpetually fight for
Linux Foundation Pays for LLM Slop (Puff Pieces Made by Bots) About the Linux Foundation
The so-called Linux Foundation is responsible for the production of spam and slop
General Consultative Committee (GCC) Meeting at the European Patent Office (EPO) Shows Existing Problems
the "real problems" and why "digitalisation" doesn't solve them
Google Has Only Solidified Its Search Monopoly in Africa Since Microsoft's Chatbot/LLM Hype Started
Africa is basically a "Failed Market" to Microsoft
 
[Meme] Leave My /home Alone
A new version of Systemd
There's a New Version of Lagrange (Gemini Reader) and Its Developer is Making an IDE/Editor
I share or reciprocate almost anything I can through Gemini Protocol
Nick's Job at OSI: Promote Microsoft, Promote Proprietary Software
This is what Microsoft pays him to do
[Meme] Award-Winning Back-stabbing Opportunists
part of the rebel alliance
Azerbaijan Rejects Microsoft
Azerbaijan seems to have very little interest in Microsoft
[Meme] You Just Grab Him by the CoC
Sponsors of Python Software Foundation... "You don't like Python's corporate sponsor?"
Explaining What Deb Nicholson Does to the Python Software Foundation
Of course the OSI, which Nicholson also occupied, still helps Microsoft attack copyleft
IBM Said to Be Firing People Days Before Christmas
IBM is entering taboo territories
Microsoft Falls to Just 11% in Ivory Coast
Microsoft tried hard to catch up in mobile
Links 12/12/2024: Shell Settles With Greenpeace, DOJ Whistleblower Pilot Program
Links for the day
Gemini Links 12/12/2024: AuraGem TV and Advent of Code 2024
Links for the day
Fake "Linux" News, Produced by Microsoft Chatbots in 'Brittany Day' or "LinuxSecurity" Clothing
She's back at it
Microsoft OSI Promoting GitHub, Which is Proprietary and a Massive GPL Violator
OSI works for Microsoft, speaks for Microsoft, promotes proprietary software
Links 12/12/2024: Another 'Self-driving' Cars Dead End, Infowars Sale Blocked by Court
Links for the day
Links 12/12/2024: "Hey Hi" Hype Debunked, ActivityPub and Gemini Software on Same Server
Links for the day
[Teaser] EPO is Running Out of Brains
EPO has been in the business of offering fake patents
South Korea Has Its Own Alternative to IBM's Proprietary RHEL
Owing to the Open Enterprise Linux Association (OpenELA)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 11, 2024
IRC logs for Wednesday, December 11, 2024
Fresh Rumour of Wave of IBM Layoffs Less Than a Fortnight Before Xmas Day
Unverified and anonymous
Links 11/12/2024: Additional Surveillance Ambitions and Cyberattacks on Sudanese Media
Links for the day
Links 11/12/2024: More Google Layoffs Rumoured for January, 'Linux' Foundation Colonises India
Links for the day
Mozilla's Firefox is Floundering, in the United Kingdom Its Share Fell to 2% This Month
HTTPS is becoming little but a transport layer for Chrome-like browsers, i.e. proprietary things with DRM and perhaps attestation (which means you cannot modify them; you'd get blocked for trying)
Protecting People From So-called 'Social Media' is Not Censorship (No More Than Banning or Restricting Access to Cigarettes is 'Censorship')
it's not censorship when the thing you are censoring [sic] is itself a censorship powerhouse operated by a foreign and hostile nation (or oligarchs of Musk's nature)
[Meme] Solving Real Problems With So-called 'Social Media'?
Feeding and medically treating animals helps, unlike "likes"
Links 11/12/2024: Climate Warming, 'People Can Fly' Layoffs
Links for the day
Gemini Links 11/12/2024: LLMs as Plagiarism, Advent of Code 2024 Momentum
Links for the day
In United Arab Emirates (UAE), Microsoft Now on One in 8 Internet-Connected Devices?
Web-connected clients are becoming scarce that run Microsoft operating systems (Windows)
IBM and Microsoft Hats at Linux Foundation
"Fedora Project Leader Matthew Miller: A change of hats!"
IBM's Latest Fedora Divestment Speaks for Itself
Microsoft must be very pleased with what IBM is doing
Why is UK Press Gazette Jingoistic About Plagiarists and LLM Slop Disguised as Journalism?
Press Gazette appears to be participating in the attack on honest journalism
EPO is Corrupt Like Always, What Changed is the Lack of Media Coverage (No Transparency Means No Democracy)
We need to revive online media and encourage dissent
[Meme] How NOT to Do Activism Online
So many self-professed liberals continue participating and driving traffic (ads) in X
In Central Africa, Which is Bigger Than Europe, Windows is About 5% in Terms of "Market Share"
they apparently got so fed up with colonialism
Communicating Outside of Skinnerboxes and Social Control Media
Tackling collective isolation and miscommunication (or communications being controlled by middlemen)
Number of Libera.Chat Users (Simultaneously Online) Falls to Lowest Figure in Over 3 Years
Notice the downward trend/curve in recent months
[Meme] Social Control Media is NOT Free Speech
It's time to discard that stupid argument that banning an abusive censor is "censorship"
Banning Not Only TikTok... if Not for FOMOC (Fear of Missing on Constituents)
It's a sort of addiction by peer pressure
Shedding Light on How the EPO Sheds Off Staff in Order to Grant Loads of Invalid (Fake) Patents in Europe
The people who decide on these policies lack a background in science
Montenegro's Share of GNU/Linux Reaches All-Time High
We don't really know why, but that's just what the data from statCounter suggests
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 10, 2024
IRC logs for Tuesday, December 10, 2024
Yes, Of Course the Linux Foundation's OpenSSF Rejects Open Source and GNU/Linux (New Report)
longstanding tradition
Links 10/12/2024: Nvidia's Regulatory Woes, Trust Issues in LLMs (and Similar Recent Hype)
Links for the day
Gemini Links 10/12/2024: Lagrange 1.18.4 Released, New RNG
Links for the day
More Chatbot 'Articles' About Chatbots
Look what's happening to the Web...
Microsoft Falls to All-Time Lows in Cameroon
Windows down to just 4.6%
Brittany Day Still Uses Bots to 'Write' Articles (But Not All the Time)
it leads to a presumption of plagiarism
Links 10/12/2024: Trying "Hey Hi" With New Hype and Buzzwords, TikTok Bans Imminent
Links for the day
Google's CEO: LLMs' ‘Low-Hanging Fruit’ Now Exhausted
They basically tell shareholders not to expect returns on this hype
Microsoft Windows Falls to 11% in Senegal, an All-Time Low
In neighbouring countries (to the east of Senegal) the "market share" of Windows is even lower
The EPO's Corrupt Dealings With Microsoft Never Addressed, Only Worsened
it helps Microsoft spy on the competition and manipulate examiners dealing with its files
The Catching of Luigi Mangione Shows We Need Not Have More Surveillance (Than We Already Have; It's Excessive Anyway)
instead of saying surveillance is insufficient and thus we need more of it, now they can claim they have enough of it
[Teaser] Fate of Formalities Officers (FOs) at the EPO
Coming soon
Libre Liberia: Windows Down to 8% in Liberia
In Liberia, only about 1 in 12 Web requests seems to originate from Windows
Links 10/12/2024: Health, Politics, Economics, and More
Links for the day
Gemini Links 10/12/2024: LLM Plagiarism and "Flow" Review
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 09, 2024
IRC logs for Monday, December 09, 2024