Re: [Openpacket-devel] New Beta Site Live

[Aaron T. <syn...@gm...>]

On Oct 16, 2007 1:08 PM, David J. Bianco <da...@vo...> wrote:
> Aaron Turner wrote:
>
> > A properly worded terms of service/notice when uploading files should
> > help here, but let's be honest here... Sooner or later the lawyers
> > will come.  If you haven't yet talked to a lawyer about CYA yet, you
> > should.  That being said, it's not your fault someone is stupid and
> > uploads a pcap with their username/password in clear text and half the
> > internet reads all their email.  It should be the responsibility of
> > the uploader to make sure the information they are providing isn't
> > damaging.
> >
>
> To me, the big worry is that an OpenPacket user will upload a pcap
> with someone *else's* information in it.  It's hard to come up with a
> TOS that releases you from liability when the injured party is not
> bound by the TOS.
>
> Or maybe it's not.  I'm no lawyer.  But surely some other sites (Wireshark,
> perhaps) must have already dealt with this issue.

I don't know either.  Of course the unless you can verify the uploader
of the pcap has the authority by all the appropriate organizations who
might sue you, all you can really really do is hope the injured party
asks nicely before taking you to court.

Simple situation: I upload a pcap of traffic captured on an internal
RFC1918 network here at work showing some "interesting proprietary
protocol" that has no obvious information that would cause a moderator
to reject it.   However my employer has a strict policy that all
traffic on this network is company confidential.  Company then goes
after OpenPacket for releasing company secrets to the world since they
have no way of knowing/tracking the leak back to me.

IMHO, this isn't so far fetched (a lot of organizations have strict
confidentiality policies) but I don't know how you'd go about
verifying them.

Going back to my other situation: a security company running a test
lab for exploit analysis.  We might be quite happy with sharing pcaps
from this and only this network with the rest of the world, usernames,
passwords & all since they are fake/temporary accounts which exist
only for a limited time in this lab.  Traffic from other labs/internal
corporate networks are considered company secret.

Basically, I think the lower legal risk is more of a function based on
the number of pcap's available on the site then how well moderated the
pcaps are since the moderation standard that should be applied to any
given pcap is an unknown.

Anyways, I think this covers my points sufficiently that I'll stop
flooding everyone's inboxes. :)

-- 
Aaron Turner
http://synfin.net/
http://tcpreplay.synfin.net/ - Pcap editing & replay tools for Unix
They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety.  -- Benjamin Franklin