It is difficult to miss the trend toward "outsourcing," to have things done by others that traditionally had been done by employees within the enterprise. This trend is facilitated in part by "The Cloud," the Internet and the incredible range of services, fee and free, that are offered on it.
I used the example of Stanford Health Clinic that transferred patient information to a collection agency only to have it posted to a public site on the Internet, a gross and egregious violation of the privacy of their patients.
I left you with the idea that our professionall objective is to arrive at a state in which all parties understand their roles and responsibilities and carry them out in such way as to produce the intended results.
I had decided to elaborate on that advice this week. I came up with a list of policy, technical, and legal guidance for use with out sourcing.
I was going to suggest that enterprises should have a policy that spells out its risk tolerance in general and in regard to the use of outside sources in particular. It might specify which data and applications could be outsourced and which could not. For example, it might specify that the enterprise's intellectual property and personal information should not be outsourced. It might also specify insurance coverage for any risk that exceeds the specified tolerance.
I planned to say that agreements should enumerate the laws, regulations, and contracts to which the parties are subject and all standards that they had adopted. They should also spell out any limitations such as the requirement to disclose information in response to legal service.
I was going to suggest that enterprises should prefer to do business with vendors that were part of such organizations as the Cloud Security Alliance and the Cloud Auditing Data Federation Working Group (CADF). I would have suggested that using enterprises might want to participate in the Cloud Standards Customer Council.
I would have stressed that your contract should provide for audit or for a service auditor report, I would have cautioned you about the limitations of service auditor reports, for example, that they are limited to controls asserted by the auditee and that they are as of the time of the audit.
I had planned to suggest that agreements should be service by service and application by application.
I intended to suggest that agreements should enumerate all existing controls, who is to operate them, and under what conditions. That the agreements should spell out the intended use of the controls as well as what record the use of the controls would produce. Examples of such controls include, Identification, authentication, access control, encryption, administration, provisioning, confirmations, messages, alerts, alarms, measurements, and reports.
I would have emphasized the importance of provisioning controls in The Cloud and pointed out that compromise of those controls might enable others to use services and charge them to you. I had even planned to stress that all use of such controls result in automatic out of band confirmations. I would have given a caution about error-correction and vendor over-ride controls.
Fortunately, while doing my research, and before I had embarrassed myself with all of this irrelevant advice, I came across a report in the New York Times by KEVIN SACK Published: October 5, 2011. Here is part of what I learned.
First, there was no evil here, no recklessness, not even gross negligence, just bad judgment all around. To the extent that there was any motive, it was efficiency, just getting the job done. No greed, no lust, not even sloth.
Stanford Hospital and Clinics (SHC) is a 600 bed general hospital. It is not Kaiser-Permanente or UPMC but it is a major enterprise in its community.
Multi Specialties Collection Service (MSCS) is a collection agency for medical services in the same market as SHC. It bills about $0.5M per year and employees 5-10 people. One might call the relationship asymmetric, one-sided.
The identity and role of the sender of the information is not public, but should have required significant management discretion and rare privileges to access and send it.
The receiver of the information was a contractor to MSCS. He often represented himself as an officer of MSCS and had an MSCS e-mail address. Been there, done that. He decrypted the data, put it in a spread sheet, and, among other things, gave it to an applicant for a job with him.
While SHC says the information was for "permissible hospital billing support purposes," the consultant says that it was for a "study." In any case, the information was not passed in the normal course of "collections," the service. I believe that both the sending and receiving of the information probably was outside the agreement between SHC and MSCS.
The actual posting to the public web-site, StudentofFortune.com, was by a job applicant to the consultant. He had given the applicant the spreadsheet to convert it to charts and graphics as a test of skill
Second, none of the policy, technical, or legal measures that I wanted to recommend would have prevented the breach. If asked in advance, management might well have accepted the risk that so many controls and people would fail at once, However, SHC is now the target of a $20M class action law suit and will almost certainly be penalized by the regulators. MSCS has lost a major client, has closed its web site, and is not answering its phone.
I am not sure that the penalties fit the crime but they sure are getting our attention However, to the extent that the breach impedes the urgent move to electronic health records, or even the efficient use of cloud resources, perhaps they are proportional.
I like to think that my lists above are useful, if not necessary, but they are clearly not sufficient or even the place to start. No, we are back to management and security 101. There is no substitute for training and supervision.
"Outsourcing" makes this even more important. Note that StudentofFortune.com is typical of free or low-cost collaboration "cloud services" that help our employees get their jobs done and are within the discretion of most of our employees. We are going through a major change in how we organize production and resources. It is being driven by the falling cost of information technology. As this new model matures we need to evolve a culture of personal due care, one in which people automatically ask "should I do it" rather than simply "Is it efficient?" A culture in which people automatically consult with others before they act, a culture of caution.
Security must start with our most effective controls, training and supervision. We should focus on or use our other tools only to the extent that they are more efficient. Then we will be called professionals and be paid the big bucks.