Should IT Professionals Be Liable for Ransomware Attacks?

Denmark-based Poul-Henning Kamp describes himself as the "author of a lot of FreeBSD, most of Varnish and tons of other Open Source Software." And he shares this message in June's Communications of the ACM. "The software industry is still the problem." If any science fiction author, famous or obscure, had submitted a story where the plot was "modern IT is a bunch of crap that organized crime exploits for extortion," it would have gotten nowhere, because (A) that is just not credible, and (B) yawn! And yet, here we are.... As I write this, 200-plus corporations, including many retail chains, have inoperative IT because extortionists found a hole in some niche, third-party software product most of us have never heard of. But he's also proposing a solution. In Denmark, 129 jobs are regulated by law. There are good and obvious reasons why it is illegal for any random Ken, Brian, or Dennis to install toilets or natural-gas furnaces, perform brain surgery, or certify a building is strong enough to be left outside during winter. It may be less obvious why the state cares who runs pet shops, inseminates cattle, or performs zoological taxidermy, but if you read the applicable laws, you will learn that animal welfare and protection of endangered species have many and obscure corner cases. Notably absent, as in totally absent, on that list are any and all jobs related to IT; IT architecture, computers, computer networks, computer security, or protection of privacy in computer systems. People who have been legally barred and delicensed from every other possible trade — be it for incompetence, fraud, or both — are entirely free to enter the IT profession and become responsible for the IT architecture or cybersecurity of the IT system that controls nearly half the hydrocarbons to the Eastern Seaboard of the U.S.... With respect to gas, water, electricity, sewers, or building stability, the regulations do not care if a company is hundreds of years old or just started this morning, the rules are always the same: Stuff should just work, and only people who are licensed — because they know how to — are allowed to make it work, and they can be sued if they fail to do so. The time is way overdue for IT engineers to be subject to professional liability, like almost every other engineering profession. Before you tell me that is impossible, please study how the very same thing happened with electricity, planes, cranes, trains, ships, automobiles, lifts, food processing, buildings, and, for that matter, driving a car. As with software product liability, the astute reader is apt to exclaim, "This will be the end of IT as we know it!" Again, my considered response is, "Yes, please, that is precisely my point!"

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