what the heck do i do now?

Mark Foster blakjak at blakjak.net
Thu Feb 1 03:16:41 UTC 2007


> list... I talked to my lawyer. And while I am not a lawyer, I can tell you 
> that my lawyer pointed out several interesting legal theories under which I 
> could have some serious liability, and so I don't do that any more. (As an 
> example, consider what happens *to you* if a hospital stops getting emailed 
> results back from their outside laboratory service because their "email 
> firewall" is checking your server, and someone dies as a result of the delay)
>
> So while I think you'd be justified in doing it, I think you'd find that 1) 
> lots of people wouldn't change their configs at all, and 2) you might find 
> that your liability insurance doesn't cover deliberate acts.
>

Uhm.  I don't follow?

Once you've taken all reasonable measures to tell said hospital that 
you're no responsible, nor inclined, to forward their mail - and they 
continue to ignore your warnings - surely responsibility passes to the 
person who ignores the warnings? (Hospital Systems Engineer and/or IT 
Management? Or the person who relied on Email for a life-or-death 
application?)

If theres no contract between you and said hospital, and you've taken 
reasonable steps to prevent a mishap, how is it your liability?

Or is this where I get to say 'only in America' ??

To be more relevant to the original problem, I think Paul has every right 
to do what he wishes with the DNS entry, short of causing anyone else a 
Denial of Service.  (Can't be said hes denying service to any of the 
clients involved, as they've had no 'service' from him since 1999, as 
stated...)

Mark.






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