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A Patch in Time Saves Nine: Liability Risks for Unpatched Software

By Stewart Baker and Maury Shenk
April 01, 2004

Computer security issues are commanding rapidly increasing attention from companies, due to increases in both targeted attacks from hackers, and Internet viruses and worms that affect numerous computer systems simultaneously. For both types of attacks, an important line of defense for a company is to make sure that its computers run only updated software, including the use of “patches” to repair identified security holes. Computer security experts have long recommended prompt installation of patches, invoking the old saw that “a stitch in time saves nine.” This article suggests that risks of legal liability for companies that do not apply security patches promptly are significant and increasing.

The Patch Process

SQLSlammer and Blaster ' two of the most serious Internet worm attacks in 2003 ' were largely preventable. Most of their damage could have been avoided through prompt installation of security patches that Microsoft had released publicly ' about 6 months before the attack in the case of SQLSlammer, and a few weeks before the attack in the case of Blaster.

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