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I found a vulnerability. they found a lawyer

dixken.de

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Re: I found a vulnerability. they found a lawyer

#141
post #112
post #86

This is extremely disappointing. The insurer in question has a very good reputation within the dive community for acting in good faith and for providing medical information free of charge to non-members. This sounds like a cultural mismatch with their lawyers. Which is ironic, since the lawyers in question probably thought of themselves as being risk-averse and doing everything possible to protect the organisation's…

I find often that conversations between lawyers and engineers are just two very different minded people talking past each other. I'm an engineer, and once I spent more time understanding lawyers, what they do, and how they do it, my ability to get them to do something increased tremendously. It's like programming in an extremely quirky programming language running on a very broken system that requires a ton of money…

Could you post on HN on that? Would be worth reading.

And are you only talking about cybersecurity disclosure, liability, patent applications... And the scenario when you're both working for the same party, or opposing parties?

Re: I found a vulnerability. they found a lawyer

#142
I found a vulnerability recently in a major online platform through HackerOne which could allow an attacker to cheaply DoS the service. I wrote up a detailed report (by hand) showing exactly how to reproduce and even explained exactly how a specially crafted request to a critical service took 10 seconds to get a response (just with a very simple, easy to reproduce example)... I then explained exactly how this vector could be scaled up to a DDoS...

They acknowledged it as a legitimate issue and marked my issue as 'useful info' but refused to pay me anything; they said that they would only pay if I physically demonstrate that it leads to a disruption of service; basically baiting me into doing something illegal! It was obvious from my description that this attack could easily be scaled up. I wasn't prepared to literally bring down the service to make my point. They didn't even offer the lowest tier of $200.

So bad. AI slop code is taking over the industry, vulnerabilities are popping up all over the place, so much so that companies are refusing to pay out bounties to humans. It's like neglect is being rewarded and diligence is being punished.

Then you read about how small the bug bounties are, even for established security researchers. It doesn't seem like a great industry. HackerOne seems like a honeypot to waste hackers' time. They reward a tiny number of hackers with big payouts to create PR to waste as many hackers' time as possible. Probably setting them up and collecting dirt on them behind the scenes. That's what it feels like at least.

Re: I found a vulnerability. they found a lawyer

#143
post #42

Since the author is apparently afraid to name the organisation in question, it seems the legal threats have worked perfectly.

Or maybe in the diving community, "Maltese insurance company for divers" is about as subtle as "Bird-themed social network with blue checkmarks".

Bluesky?

Re: I found a vulnerability. they found a lawyer

#146
I suspect that the direction of these situations often depends on how your initial email is routed internally in these organizations. If they go to a lawyer first, you will get someone who tries to fix things with the application of the law. If it goes to an engineer first, you will get someone who tries to fix it with an application of engineering. If it were me, I would have avoided involving third party regulators in the initial contact at least.

Re: I found a vulnerability. they found a lawyer

#147
post #112

Earlier quoted context omitted.

I find often that conversations between lawyers and engineers are just two very different minded people talking past each other. I'm an engineer, and once I spent more time understanding lawyers, what they do, and how they do it, my ability to get them to do something increased tremendously. It's like programming in an extremely quirky programming language running on a very broken system that requires a ton of money…

I'm curious to hear your take on the situation in the article. Based on your experience, do you think there are specific ways the author could have communicated differently to elicit a better response from the lawyers?

It would take a bit of time to re-read the entire chain and come up with highly specific ways. The way I read the exchange, the lawyer basically wants the programmer to shut up and not disclose the vulnerability, and is using threatening legal language. While the programmer sees themself as a responsible person doing the company a favor in a principled way.

Some things I can see. I think the way the programmer worded this sounds adversarial; I wouldn't have written it that way, but ultimately, there is nothing wrong with it: "I am offering a window of 30 days from today the 28th of April 2025 for [the organization] to mitigate or resolve the vulnerability before I consider any public disclosure."

When the lawyer sent the NDA with extra steps: the programmer could have chosen to hire a lawyer at this point to get advice. Or they could ignore this entirely (with the risk that the lawyer may sue him?), or proceed to negotiate terms, which the programmer did (offering a different document to sign).

IIUC, at that point, the lawyer went away and it's likely they will never contact this guy again, unless he discloses their name publicly and trashes their security, at which point the lawyer might sue for defamation, etc.

Anyway, my take is that as soon as the programmer got a lawyer email reply (instead of the "CTO thanking him for responsible disclosure"), he should have talked to his own lawyer for advice. When I have situations similar to this, I use the lawyer as a sounding board. i ask questions like "What is the lawyer trying to get me to do here?" and "Why are they threatening me instead of thanking me", and "What would happen if I respond in this way".

Depending on what I learned from my lawyer I can take a number actions. For example, completely ignoring the company lawyer might be a good course of action. The company doesn't want to bring somebody to court then have everybody read in a newspaper that the company had shitty security. Or writing a carefully written threatening letter- "if you sue me, I'll countersue, and in discovery, you will look bad and lose". Or- and this is one of my favorite tricks, rewriting the document to what I wanted, signing that, sending it back to them. Again, for all of those, I'd talk to a lawyer and listen to their perspective carefully.

Re: I found a vulnerability. they found a lawyer

#148

> vulnerability in the member portal of a major diving insurer What are the odds an insurer would reach for a lawyer? They probably have several on speed dial.

What makes you think they don't retain them in-house?

What makes you think you don't need speed dial in-house? ;)

Re: I found a vulnerability. they found a lawyer

#149
post #141
post #112

Earlier quoted context omitted.

I find often that conversations between lawyers and engineers are just two very different minded people talking past each other. I'm an engineer, and once I spent more time understanding lawyers, what they do, and how they do it, my ability to get them to do something increased tremendously. It's like programming in an extremely quirky programming language running on a very broken system that requires a ton of money…

Could you post on HN on that? Would be worth reading. And are you only talking about cybersecurity disclosure, liability, patent applications... And the scenario when you're both working for the same party, or opposing parties?

I'm talking about any situation where a principled person who is technically correct gets a threatening letter from a lawyer instead of a thank you.

If you read enough lawyer messages (they show up on HN all the time) you will see they follow a pattern of looking tough, and increasingly threatening posture. But often, the laws they cite aren't applicable, and wouldn't hold up in court or public opinion.

Re: I found a vulnerability. they found a lawyer

#150

Three thoughts from someone with no expertise. 1) If you make legal disclosure too hard, the only way you will find out is via criminals. 2) If other industries worked like this, you could sue an architect who discovered a flaw in a skyscraper. The difference is that knowledge of a bad foundation doesn’t inherently make a building more likely to collapse, while knowledge of a cyber vulnerability is an inherent risk.…

In other industries there are professional engineers. People who have a legal accountability. I wonder if the CS world will move that way, especially with AI. Since those engineers are the ones who sign things off. For people unfamiliar, most engineers aren't professional engineers. There are more legal standards for your average engineer and they are legally obligated to push back against management when they think…

You'd be surprised how many SE's would love for this to happen. The biggest reason, as you said, being able to push back.

Having worked in low-level embedded systems that could be considered "system critical", it's a horrible feeling knowing what's in that code and having no actual recourse other than quitting (which I have done on few occasions because I did not want to be tied to that disaster waiting to happen).

I actually started a legal framework and got some basic bills together (mostly wording) and presented this to many of my colleagues, all agreed it was needed and loved it, and a few lawyers said the bill/framework was sound .. even had some carve-outs for "mom-n-pops" and some other "obvious" things (like allowing for a transition into it).

Why didn't I push it through? 2 reasons:

1.) I'd likely be blackballed (if not outright killed) because "the powers that be" (e.g. large corp's in software) would absolutely -hate- this ... having actual accountability AND having to pay higher wages.

2.) Doing what I wanted would require federal intervention, and the climate has not been ripe for new regulations, let alone governing bodies, in well over a decade.

Hell, I even tried to get my PE in Software, but right as I was going to start the process, the PE for Software was removed from my state (and isn't likely to ever come back).

I 100% agree we should have even a PE for Software, but it's not likely to happen any time soon because Software without accountability and regulation makes WAY too much money ... :(

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