RE: Pen-Test as a favor

From: Craig Wright (cwright@bdosyd.com.au)
Date: Thu Jul 13 2006 - 15:05:59 EDT


Forget the idea of a contract. Signed or not it is not valid as it is not for consideration. As he is already an intern and is doing a role at the office there is not additional consideration.

Also, it is held that past consideration can not be used as consideration in a future contract. Thus there is no contract as far as the law is concerned.

There needs to be approval as as a part of the role as an Intern. This is not a contract per se.

Regards,
Craig

________________________________

From: Jim Halfpenny [mailto:jim@openanswers.co.uk]
Sent: Fri 14/07/2006 1:01 AM
To: Chris Benedict
Cc: pen-test@securityfocus.com
Subject: Re: Pen-Test as a favor

> Hey, I'm working as an IT intern in a doctors office and I got
> permission to do a little pen-testing on their servers on my own time.
> How necessary would it be to get written permission before I take any
> action? The Admin/CTO is a pretty good friend and I doubt would even
> consider taking any legal action if anything happened.

If anything happened then I imagine the Admin/CTO may not be the person
making the decision whether or not to take legal action. Always protect
yourself with a signed agreement. In this instance consider it good
practice for future engagements as this is the sort of skill pen testers
overlook at their peril.

Best Regards,
Jim

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