Mobile Secrecy? Maybe Not

September 9, 2024

green-dino_thumb_thumb_thumb_thumb_thumbThis essay is the work of a dumb dinobaby. No smart software required.

No, you are not imagining it. The Daily Mail reports, “Shocking Leak Suggests Your Phone Really Is Listening in on Your Conversations” to create targeted ads. A pitch deck reportedly made by marketing firm Cox Media Group (CMG) was leaked to 404 Media. The presentation proudly claims Facebook, Google, and Amazon are clients and suggests they all use its “Active-Listening” AI software to pluck actionable marketing intel from users’ conversations. Writer Ellyn Lapointe tells us:

“The slideshow details the six-step process that CMG’s Active-Listening software uses to collect consumer’s voice data through seemingly any microphone-equipped device, including your smartphone, laptop or home assistant. It’s unclear from the slideshow whether the Active-Listening software is eavesdropping constantly, or only at specific times when the phone mic is activated, such as during a call. Advertisers then use these insights to target ‘in-market consumers,’ which are people actively considering buying a particular product or service. If your voice or behavioral data suggests you are considering buying something, they will serve you advertisements for that item. For example, talking about or searching for Toyota cars could prompt you to start seeing ads for their newest models. ‘Once launched, the technology automatically analyzes your site traffic and customers to fuel audience targeting on an ongoing basis,’ the deck states. So, if you feel like you see more ads for a particular product after talking about it with a friend, or searching for it online, this may be the reason why. For years, smart-device users have speculated that their phones or tablets are listening to what they say. But most tech companies have flat-out denied these claims.”

In fact, Google was so eager to distance itself from this pitch deck it promptly removed CMG from its “Partners Program” website. Meta says it will prod CMG to clarify Active-Listening does not feed on Facebook or Instagram data. And Amazon flat out denied ever working with CMG. On this particular software, anyway.

404 Media has been pulling this thread for some time. It first reported the existence of Active-Listening in December 2023. The next day, it called out small AI firm MindSift for bragging it used smart-device speakers to target ads. Lapointe notes CMG claimed in November 2023, in a since-deleted blog post, that its surveillance is entirely legal. Naturally, the secret is literally in the fine print—of multi-page user agreements. Because of course it is.

Cynthia Murrell, September 9, 2024

Indifference or Carelessness: The Security Wrecks from Georgia Tech

September 4, 2024

DOJ Sues Georgia Tech for DOD-Related Cybersecurity Violations

The Justice Department takes cybersecurity standards for our military very seriously. Just ask Georgia Tech University. Nextgov/FCW reports, “DOJ Suit Claims Georgia Tech ‘Knowingly Failed’ to Meet Cyber Standards for DOD Contracts.” The suit began in 2022 with a whistleblower lawsuit filed by two members of the university’s cybersecurity compliance team. They did so under the DOJ’s Civil Cyber-Fraud Initiative. Now the DOJ has joined the fray. Reporter Edward Graham tells us:

“In a press release, DOJ alleged that the institutions committed numerous violations of the Department of Defense’s cybersecurity policy in the years prior to the whistleblower complaint. Among the most serious allegations was the claim that ‘Georgia Tech and [Georgia Tech Research Corporation] submitted a false cybersecurity assessment score to DOD for the Georgia Tech campus’ in December 2020. … The lawsuit also asserted that the Astrolavos Lab at Georgia Tech previously ‘failed to develop and implement a system security plan, which is required by DOD cybersecurity regulations.’ Once the security document was finally implemented in February 2020, the complaint said the university ‘failed to properly scope that plan to include all covered laptops, desktops and servers.’ Additionally, DOJ alleged that the Astrolavos Lab did not use any antivirus or antimalware programs on its devices until December 2021. The university reportedly allowed the lab to refuse the installation of the software ‘in violation of both federal cybersecurity requirements and Georgia Tech’s own policies’ at the request of its director.”

Georgia Tech disputes the charges. It claims there was no data breach or data leak, the information involved was not confidential anyway, and the government had stated this research did not require cybersecurity restrictions. Really? Then why the (allegedly) falsified cybersecurity score? The suit claims the glowing self-reported score for the Georgia Tech campus:

“… was for a ‘fictitious’ or ‘virtual’ environment and did not apply to any covered contracting system at Georgia Tech that could or would ever process, store or transmit covered defense information.”

That one will be hard to explain away. Other entities with DOD contractor will want to pay attention—Graham states the DOJ is cracking down on contractors that lie about their cyber protections.

Cynthia Murrell, September 4, 2024

New Research about Telegram and Its Technology

August 29, 2024

green-dino_thumb_thumb_thumb_thumb_thumb_thumb_thumb_thumb_thumbThis essay is the work of a dumb dinobaby. No smart software required.

Next week, my team and I will be presenting a couple of lectures to a group of US government cyber experts. Our topic is Telegram, which has been a focal point of my research team for most of 2024. Much of the information we have included in our talks will be new; that is, it presents a view of Telegram which is novel. However, we have available a public version of the material. Most of our work is delivered via video conferencing with PDFs of selected exhibits provided to those participating in a public version of our research.

For the Telegram project, the public lecture includes:

  1. A block diagram of the Telegram distributed system, including the crypto and social media components
  2. A timeline of Telegram innovations with important or high-impact innovations identified
  3. A flow diagram of the Open Network and its principal components
  4. Likely “next steps” for the distributed operation.

With the first stage of the French judiciary process involving the founder of Telegram completed, our research project has become one of the first operational analyses of what to many people outside of Russia, the Russian Federation, Ukraine, and other countries is unfamiliar. Although usage of Telegram in North America is increasing, the service is off the radar of many people.

In fact, knowledge of Telegram’s basic functions is sketchy. Our research revealed:

  1. Users lack knowledge of Telegram’s approach to encryption
  2. The role US companies play in keeping the service online and stable
  3. The automation features of the system
  4. The reach of certain Telegram dApps (distributed applications) and YouTube, to cite one example.

The public version of our presentation at the US government professionals will be available in mid-September 2024. If you are interested in this lecture, please, write benkent2020 at yahoo dot com. One of the Beyond Search team will respond to your inquiry with dates and fees, if applicable.

Stephen E Arnold, August 29, 2024

Equal Opportunity Insecurity: Microsoft Mac Apps

August 28, 2024

Isn’t it great that Mac users can use Microsoft Office software on their devices these days? Maybe not. Apple Insider warns, “Security Flaws in Microsoft Mac Apps Could Let Attackers Spy on Users.” The vulnerabilities were reported by threat intelligence firm Cisco Talos. Writer Andrew Orr tells us:

Talos claims to have found eight vulnerabilities in Microsoft apps for macOS, including Word, Outlook, Excel, OneNote, and Teams. These vulnerabilities allow attackers to inject malicious code into the apps, exploiting permissions and entitlements granted by the user. For instance, attackers could access the microphone or camera, record audio or video, and steal sensitive information without the user’s knowledge. The library injection technique inserts malicious code into a legitimate process, allowing the attacker to operate as the compromised app.”

Microsoft has responded with its characteristic good-enough approach to security. We learn:

“Microsoft has acknowledged vulnerabilities found by Cisco Talos but considers them low risk. Some apps, like Microsoft Teams, OneNote, and the Teams helper apps, have been modified to remove the this entitlement, reducing vulnerability. However, other apps, such as Microsoft Word, Excel, Outlook, and PowerPoint, still use this entitlement, making them susceptible to attacks. Microsoft has reportedly ‘declined to fix the issues,’ because of the company’s apps ‘need to allow loading of unsigned libraries to support plugins.’”

Well alright then. Leaving the vulnerability up for Outlook is especially concerning since, as Orr points out, attackers could use it to send phishing or other unauthorized emails. There is only so much users can do in the face of corporate indifference. The write-up advises us to keep up with app updates to ensure we get the latest security patches. That is good general advice, but it only works if appropriate patches are actually issued.

Cynthia Murrell, August 28, 2024

Which Is It, City of Columbus: Corrupted or Not Corrupted Data

August 23, 2024

green-dino_thumb_thumb_thumb_thumb_thumb_thumb_thumb_thumb_thumb_thumb_thumb_thumb_thumbThis essay is the work of a dumb dinobaby. No smart software required.

I learned that Columbus, Ohio, suffered one of those cyber security missteps. But the good news is that I learned from the ever reliable Associated Press, “Mayor of Columbus, Ohio, Says Ransomware Attackers Stole Corrupted, Unusable Data.” But then I read the StateScoop story “Columbus, Ohio, Ransomware Data Might Not Be Corrupted After All.”

image

The answer is, “I don’t know.” Thanks, MSFT Copilot. Good enough.

The story is a groundhog day tale. A bad actor compromises a system. The bad actor delivers ransomware. The senior officers know little about ransomware and even less about the cyber security systems marketed as a proactive, intelligent defense against bad stuff like ransomware. My view, as you know, is that it is easier to create sales decks and marketing collateral than it is is to deliver cyber security software that works. Keep in mind that I am a dinobaby. I like products that under promise and over deliver. I like software that works, not sort of works or mostly works. Works. That’s it.

What’s interesting about Columbus other than its zoo, its annual flower festival, and the OCLC organization is that no one can agree on this issue. I believe this is a variation on the Bud Abbott and Lou Costello routine “Who’s on First.”

StateScoop’s story reported:

An anonymous cybersecurity expert told local news station WBNS Tuesday that the personal information of hundreds of thousands of Columbus residents is available on the dark web. The claim comes one day after Columbus Mayor Andrew Ginther announced to the public that the stolen data had been “corrupted” and most likely “unusable.” That assessment was based on recent findings of the city’s forensic investigation into the incident.

The article noted:

Last week, the city shared a fact sheet about the incident, which explains: “While the city continues to evaluate the data impacted, as of Friday August 9, 2024, our data mining efforts have not revealed that any of the dark web-posted data includes personally identifiable information.”

What are the lessons I have learned from these two stories about a security violation and ransomware extortion?

  1. Lousy cyber security is a result of indifferent (maybe lousy) management? How do I know? The City of Columbus cannot generate a consistent story.
  2. The compromised data were described in two different and opposite ways. The confusion underscores that the individuals involved are struggling with basic data processes. Who’s on first? I don’t know. No, he’s on third.
  3. The generalization that no one wants the data misses an important point. Data, once available, is of considerable interest to state actors who might be interested in the employees associated with either the university, Chemical Abstracts, or some other information-centric entity in Columbus, Ohio.

Net net: The incident is one more grim reminder of the vulnerabilities which “managers” choose to ignore or leave to people who may lack certain expertise. The fix may begin in the hiring process.

Stephen E Arnold, August 23, 2024

Phishers: Targeting Government Contract Shoemakers Who Do Not Have Shoes But Talk about Them

August 22, 2024

green-dino_thumb_thumb_thumb_thumb_thumb_thumb_thumb_thumb_thumb_thumb_thumb_thumbThis essay is the work of a dumb dinobaby. No smart software required.

The proverb "The shoemaker’s children go barefoot" has inspired some bad actors who phish for online credentials. The obvious targets, some might suggest, are executives at major US government agencies. Those individuals are indeed targets, but a number of bad actors have found ways to get a GS-9 to click on a link designed to steal credentials. An even more promising barrel containing lots of fish may be the vendors who sell professional services, including cyber security, to the US government agencies.

image

Of course, our systems are secure. Thanks, MSFT Copilot. How is Word doing today? Still crashing?

This Sophisticated New Phishing Campaign Is Going after US Government Contractors” explains:

Researchers from Perception Point revealed the “Uncle Scam” campaign bypasses security checks to deliver sophisticated phishing emails designed by LLMs to be extremely convincing. The attackers use advanced tools, including AI-powered phishing kits and the Microsoft Dynamics 365 platform, to execute convincing multi-step attacks.

The write up then reveals one of the key — maybe the principal key to success:

One of the key elements that makes this phishing campaign particularly effective is the abuse of Microsoft’s Dynamics 365 Marketing platform. The attackers leverage the domain "dyn365mktg.com," associated with Dynamics 365, to send out their malicious emails. Because this domain is pre-authenticated by Microsoft and complies with DKIM and SPF standards, phishing emails are more likely to bypass spam filters and reach the inboxes of unsuspecting recipients.

If I understand this statement, the recipient sees email with a pattern set up to suck credentials. Why would a government contractor click on such an email? The domain is “pre-authenticated by Microsoft.” If it looks like a duck and walks like a duck, the email must be a duck. Yes, it is a digital duck which is designed to take advantage of yet another “security” and “trust” facet of the Microsoft ecosystem.

I found this series of statements interesting. Once again, the same old truisms are trotted out to help a victim avoid a similar problem in the future. I quote:

To safeguard your organization from falling victim to sophisticated phishing attacks like "Uncle Scam," Perception Point recommends taking the following precautions:

  • Double-check the Sender’s Email: Always scrutinize the sender’s email address for any signs of impersonation.
  • Hover Before You Click: Before clicking any link, hover over it to reveal the actual URL and ensure it is legitimate. 
  • Look for Errors: Pay attention to minor grammatical mistakes, unusual phrasing, or inconsistencies in the email content.
  • Leverage Advanced Detection Tools: Implement AI-powered multi-layered security solutions to detect and neutralize sophisticated phishing attempts.
  • Educate Your Team: Regularly train employees on how to identify phishing emails and the importance of verifying unsolicited communications.
  • Trust Your Instincts: If an email or offer seems too good to be true, it probably is. Always verify the authenticity of such communications through trusted channels.

How well do these tips work in today’s government contractor workspace? Answer: Not too well.

The issue is the underlying software. The fix is going to be difficult to implement. Microsoft is working to make its systems more secure. The government contractors can make shoes in the form of engineering change orders, scope changes, and responses to RFQs which hit every requirement in the RFP. But many of those firms have assumed that the cyber security systems will do their job.

Ignorance is bliss. Maybe not for the compromised contractor, but the bad actors are enjoying the Uncle Scam play and may for years to come.

Stephen E Arnold, August 22, 2024

Cyber Security Outfit Wants Its Competition to Be Better Fellow Travelers

August 21, 2024

green-dino_thumb_thumb_thumb_thumb_t[2]This essay is the work of a dumb dinobaby. No smart software required.

I read a write up which contains some lingo that is not typical Madison Avenue sales speak. The sort of odd orange newspaper published “CrowdStrike Hits Out at Rivals’ Shady Attacks after Global IT Outage.” [This is a paywalled story, gentle reader. Gone are the days when the orange newspaper was handed out in Midtown Manhattan.] CrowdStrike is a company with interesting origins. The firm has become a player in the cyber security market, and it has been remarkably successful. Microsoft — definitely a Grade A outfit focused on making system administrators’ live as calm as Lake Paseco on summer morning — allowed CrowdStrike to interact with the most secure component of its software.

What does the leader of CrowdStrike reveal? Let’s take a quick look at a point or two.

First, I noted this passage from the write up which seems a bit a proactive tactic to make sure those affected by the tiny misstep know that software is not perfect. I mean who knew?

CrowdStrike’s president hit out at “shady” efforts by its cyber security rivals to scare its customers and steal market share in the month since its botched software update sparked a global IT outage. Michael Sentonas told the Financial Times that attempts by competitors to use the July 19 disruption to promote their own products were “misguided”.

I am not sure what misguided means, but I think the idea is that competitors should not try to surf on the little ripples the CrowdStrike misstep caused. A few airline passengers were inconvenienced, sure. But that happens anyway. The people in hospitals whose surgeries were affected seem to be mostly okay in a statistical sense. And those interrupted financial transactions. No big deal. The market is chugging along.

image

Cyber vendors are ready and eager to help those with a problematic and possibly dangerous vehicle. Thanks, MSFT Copilot. Are you hands full today?

I also circled this passage:

SentinelOne chief executive Tomer Weingarten said the global shutdown was the result of “bad design decisions” and “risky architecture” at CrowdStrike, according to trade magazine CRN. Alex Stamos, SentinelOne’s chief information security officer, warned in a post on LinkedIn it was “dangerous” for CrowdStrike “to claim that any security product could have caused this kind of global outage”.

Yep, dangerous. Other vendors’ software are unlikely to create a CrowdStrike problem. I like this type of assertion. Also, I find the ambulance-chasing approach to closing deals and boosting revenue a normal part of some companies’ marketing. I think one outfit made FED or fear, uncertainty, and doubt a useful wrench in the firm’s deal-closing guide to hitting a sales target. As a dinobaby, I could be hallucinating like some of the smart software and the even smarter top dogs in cyber security companies.

I have to include this passage from the orange outfit’s write up:

Sentonas [a big dog at CrowdStrike], who this month went to Las Vegas to accept the Pwnie Award for Epic Fail at the 2024 security conference Def Con, dismissed fears that CrowdStrike’s market dominance would suffer long-term damage. “I am absolutely sure that we will become a much stronger organization on the back of something that should never have happened,” he said. “A lot of [customers] are saying, actually, you’re going to be the most battle-tested security product in the industry.”

The Def Con crowd was making fun of CrowdStrike for is inconsequential misstep. I assume CrowdStrike’s leadership realizes that the award is like a having the “old” Mad Magazine devote a cover to a topic.

My view is that [a] the incident will be forgotten. SolarWinds seems to be fading as an issue in the courts and in some experts’ List of Things to Worry About. [b] Microsoft and CrowdStrike can make marketing hay by pointing out that each company has addressed the “issue.” Life will be better going forward. And, [c] Competitors will have to work overtime to cope with a sales retention tactic more powerful than any PowerPoint or PR campaign — discounts, price cuts, and free upgrades to AI-infused systems.

But what about that headline? Will cyber security marketing firms change their sales lingo and tell the truth? Can one fill the tank of a hydrogen-powered vehicle in Eastern Kentucky?

PS. Buying cyber security, real-time alerts, and other gizmos allow an organization to think, “We are secure, right?”

Stephen E Arnold, August 21, 2024

Pragmatic AI: Individualized Monitoring

August 15, 2024

dinosaur30a_thumb_thumb_thumb_thumb_thumb_thumbThis essay is the work of a dinobaby. Unlike some folks, no smart software improved my native ineptness.

In June 2024 at the TechnoSecurity & Digital Forensics conference, one of the cyber investigators asked me, “What are some practical uses of AI in law enforcement?” I told the person that I would send him a summary of my earlier lecture called “AI for LE.” He said, “Thanks, but what should I watch to see some AI in action.” I told him to pay attention to the Kroger pricing methods. I had heard that Kroger was experimenting with altering prices based on certain signals. The example I gave is that if the Kroger is located in a certain zip code, then the Kroger stores in that specific area would use dynamic pricing. The example I gave was similar to Coca-Cola’s tests of a vending machine that charged more if the temperature was hot. In the Kroger example, a hot day would trigger a change in the price of a frozen dessert. He replied, “Kroger?” I said, “Yes, Kroger is experimenting with AI in order to detect specific behaviors and modify prices to reflect those signals.” What Kroger is doing will be coming to law enforcement and intelligence operations. Smart software monitors the behavior of a prisoner, for example, and automatically notifies an investigator when a certain signal is received. I recall mentioning that smart software, signals, and behavior change or direct action will become key components of a cyber investigator’s tool kit. He said, laughing, “Kroger. Interesting.”

image

Thanks, MSFT Copilot. Good enough.

I learned that Kroger’s surveillance concept is now not a rumor discussed at a neighborhood get together. “‘Corporate Greed Is Out of Control’: Warren Slams Kroger’s AI Pricing Scheme” reveals that elected officials and probably some consumer protection officials may be aware of the company’s plans for smart software. The write up reports:

Warren (D-Mass.) was joined by Sen. Bob Casey (D-Pa.) on Wednesday in writing a letter to the chairman and CEO of the Kroger Company, Rodney McMullen, raising concerns about how the company’s collaboration with AI company IntelligenceNode could result in both privacy violations and worsened inequality as customers are forced to pay more based on personal data Kroger gathers about them “to determine how much price hiking [they] can tolerate.” As the senators wrote, the chain first introduced dynamic pricing in 2018 and expanded to 500 of its nearly 3,000 stores last year. The company has partnered with Microsoft to develop an Electronic Shelving Label (ESL) system known as Enhanced Display for Grocery Environment (EDGE), using a digital tag to display prices in stores so that employees can change prices throughout the day with the click of a button.

My view is that AI orchestration will allow additional features and functions. Some of these may be appropriate for use in policeware and intelware systems. Kroger makes an effort to get individuals to sign up for a discount card. Also, Kroger wants users to install the Kroger app. The idea is that discounts or other incentives may be “awarded” to the customer who takes advantages of the services.

However, I am speculating that AI orchestration will allow Kroger to implement a chain of actions like this:

  1. Customer with a mobile phone enters the store
  2. The store “acknowledges” the customer
  3. The customer’s spending profile is accessed
  4. The customer is “known” to purchase upscale branded ice cream
  5. The price for that item automatically changes as the customer approaches the display
  6. The system records the item bar code and the customer ID number
  7. At check out, the customer is charged the higher price.

Is this type of AI orchestration possible? Yes. Is it practical for a grocery store to deploy? Yes because Kroger uses third parties to provide its systems and technical capabilities for many applications.

How does this apply to law enforcement? Kroger’s use of individualized tracking may provide some ideas for cyber investigators.

As large firms with the resources to deploy state-of-the-art technology to boost sales, know the customer, and adjust prices at the individual shopper level, the benefit of smart software become increasingly visible. Some specialized software systems lag behind commercial systems. Among the reasons are budget constraints and the often complicated procurement processes.

But what is at the grocery store is going to become a standard function in many specialized software systems. These will range from security monitoring systems which can follow a person of interest in an specific area to automatically updating a person of interest’s location on a geographic information module.

If you are interested in watching smart software and individualized “smart” actions, just pay attention at Kroger or a similar retail outfit.

Stephen E Arnold, August 15, 2024

Copilot and Hackers: Security Issues Noted

August 12, 2024

dinosaur30a_thumb_thumb_thumbThis essay is the work of a dinobaby. Unlike some folks, no smart software improved my native ineptness.

The online publication Cybernews ran a story I found interesting. It title suggests something about Black Hat USA 2024 attendees I have not considered. Here’s the headline:

Black Hat USA 2024: : Microsoft’s Copilot Is Freaking Some Researchers Out

Wow. Hackers (black, gray, white, and multi-hued) are “freaking out.” As defined by the estimable Urban Dictionary, “freaking” means:

Obscene dancing which simulates sex by the grinding the of the genitalia with suggestive sounds/movements. often done to pop or hip hop or rap music

No kidding? At Black Hat USA 2024?

image

Thanks, Microsoft Copilot. Freak out! Oh, y0ur dance moves are good enough.

The article reports:

Despite Microsoft’s claims, cybersecurity researcher Michael Bargury demonstrated how Copilot Studio, which allows companies to build their own AI assistant, can be easily abused to exfiltrate sensitive enterprise data. We also met with Bargury during the Black Hat conference to learn more. “Microsoft is trying, but if we are honest here, we don’t know how to build secure AI applications,” he said. His view is that Microsoft will fix vulnerabilities and bugs as they arise, letting companies using their products do so at their own risk.

Wait. I thought Microsoft has tied cash to security work. I thought security was Job #1 at the company which recently accursed Delta Airlines of using outdated technology and failing its customers. Is that the Microsoft that Mr. Bargury is suggesting has zero clue how to make smart software secure?

With MSFT Copilot turning up in places that surprise me, perhaps the Microsoft great AI push is creating more problems. The SolarWinds glitch was exciting for some, but if Mr. Bargury is correct, cyber security life will be more and more interesting.

Stephen E Arnold, August 12, 2024

The Customer Is Not Right. The Customer Is the Problem!

August 7, 2024

dinosaur30a_thumb_thumb_thumb_thumbThis essay is the work of a dinobaby. Unlike some folks, no smart software improved my native ineptness.

The CrowdStrike misstep (more like a trivial event such as losing the cap to a Bic pen or misplacing an eraser) seems to be morphing into insights about customer problems. I pointed out that CrowdStrike in 2022 suggested it wanted to become a big enterprise player. The company has moved toward that goal, and it has succeeded in capturing considerable free marketing as well.

image

Two happy high-technology customers learn that they broke their system. The good news is that the savvy vendor will sell them a new one. Thanks, MSFT Copilot. Good enough.

The interesting failure of an estimated 8.5 million customers’ systems made CrowdStrike a household name. Among some airline passengers, creative people added more colorful language. Delta Airlines has retained a big time law firm. The idea is to sue CrowdStrike for a misstep that caused concession sales at many airports to go up. Even Panda Chinese looks quite tasty after hours spent in an airport choked with excited people, screaming babies, and stressed out over achieving business professionals.

Microsoft Claims Delta Airlines Declined Help in Upgrading Technology After Outage” reports that like CrowdStrike, Microsoft’s attorneys want to make quite clear that Delta Airlines is the problem. Like CrowdStrike, Microsoft tried repeatedly to offer a helping hand to the airline. The airline ignored that meritorious, timely action.

Like CrowdStrike, Delta is the problem, not CrowdStrike or Microsoft whose systems were blindsided by that trivial update issue. The write up reports:

Mark Cheffo, a Dechert partner [another big-time lawfirm] representing Microsoft, told Delta’s attorney in a letter that it was still trying to figure out how other airlines recovered faster than Delta, and accused the company of not updating its systems. “Our preliminary review suggests that Delta, unlike its competitors, apparently has not modernized its IT infrastructure, either for the benefit of its customers or for its pilots and flight attendants,” Cheffo wrote in the letter, NBC News reported. “It is rapidly becoming apparent that Delta likely refused Microsoft’s help because the IT system it was most having trouble restoring — its crew-tracking and scheduling system — was being serviced by other technology providers, such as IBM … and not Microsoft Windows," he added.

The language in the quoted passage, if accurate, is interesting. For instance, there is the comparison of Delta to other airlines which “recovered faster.” Delta was not able to recover faster. One can conclude that Delta’s slowness is the reason the airline was dead on the hot tarmac longer than more technically adept outfits. Among customers grounded by the CrowdStrike misstep, Delta was the problem. Microsoft systems, as outstanding as they are, wants to make darned sure that Delta’s allegations of corporate malfeasance goes nowhere fast oozes from this characterization and comparison.

Also, Microsoft’s big-time attorney has conducted a “preliminary review.” No in-depth study of fouling up the inner workings of Microsoft’s software is needed. The big-time lawyers have determined that “Delta … has not modernized its IT infrastructure.” Okay, that’s good. Attorneys are skillful evaluators of another firm’s technological infrastructure. I did not know big-time attorneys had this capability, but as a dinobaby, I try to learn something new every day.

Plus the quoted passed makes clear that Delta did not want help from either CrowdStrike or Microsoft. But the reason is clear: Delta Airlines relied on other firms like IBM. Imagine. IBM, the mainframe people, the former love buddy of Microsoft in the OS/2 days, and the creator of the TV game show phenomenon Watson.

As interesting as this assertion that Delta is not to blame for making some airports absolute delights during the misstep, it seems to me that CrowdStrike and Microsoft do not want to be in court and having to explain the global impact of misplacing that ballpoint pen cap.

The other interesting facet of the approach is the idea that the best defense is a good offense. I find the approach somewhat amusing. The customer, not the people licensing software, is responsible for its problems. These vendors made an effort to help. The customer who screwed up their own Rube Goldberg machine, did not accept these generous offers for help. Therefore, the customer caused the financial downturn, relying on outfits like the laughable IBM.

Several observations:

  1. The “customer is at fault” is not surprising. End user licensing agreements protect the software developer, not the outfit who pays to use the software.
  2. For CrowdStrike and Microsoft, a loss in court to Delta Airlines will stimulate other inept customers to seek redress from these outstanding commercial enterprises. Delta’s litigation must be stopped and quickly using money and legal methods.
  3. None of the yip-yap about “fault” pays much attention to the people who were directly affected by the trivial misstep. Customers, regardless of the position in the food chain of revenue, are the problem. The vendors are innocent, and they have rights too just like a person.

For anyone looking for a new legal matter to follow, the CrowdStrike Microsoft versus Delta Airlines may be a replacement for assorted murders, sniping among politicians, and disputes about “get out of jail free cards.” The vloggers and the poohbahs have years of interactions to observe and analyze. Great stuff. I like the customer is the problem twist too.

Oh, I must keep in mind that I am at fault when a high-technology outfit delivers low-technology.

Stephen E Arnold, August 7, 2024

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