2016 Postmortem
Related: About this forumLooks pretty clear that DNC/DWS doesn't have legal leg to stand on
http://www.politico.com/f/?id=00000151-b72f-d1ae-add5-f76f14db0001They were contractually required to give written notice, with 10 days to cure. And, for shits and giggles, similar incident happened in 2008 -- when Hillary's campaign "stole" data.
Parties rights of termination to cases of prolonged and voluntary breach. The Agreement states,
in relevant part:
Either party may terminate this Agreement in the event that the other party
breaches this Agreement; the non-breaching party sends written notice to the
breaching party describing the breach; and the breaching party does not cure the
breach to the satisfaction of the non-breaching party within ten (10) calendar daysfollowing its receipt of such notice.
14) The Agreement does not permit either Party to suspend its performance of the
Agreement prior to terminating the Agreement in accordance with the provision above.
15) The Agreement does not permit either Party to terminate or suspend the
Agreement without notice, or without providing the breaching Party with the requisite
opportunity to cure.
16) The Agreement requires the DNC to use security measures, with respect to the
Campaign Data, that are consistent with good practices in the data processing industry.
23) Upon information and belief, a similar security incident arose with the NGP VAN
software during the 2008 national presidential primaries, resulting in the unintentional transmission of Confidential Information to the campaign of Democratic primary candidate Hillary Clinton (the Prior Incident).
haikugal
(6,476 posts)Kalidurga
(14,177 posts)with the NGP VAN
software during the 2008 national presidential primaries, resulting in the unintentional transmission of Confidential Information to the campaign of Democratic primary candidate Hillary Clinton (the Prior Incident).
But, IOKIYAHC. Everything she does is perfect in everyway.
CorporatistNation
(2,546 posts)Not if you are conscious...
Renew Deal
(81,861 posts)This is the part of the brief that permits the DNC to cut off the data
Cutting off access during the breach is covered here:
16) The Agreement requires the DNC to use security measures, with respect to the
Campaign Data, that are consistent with good practices in the data processing industry.
Agreement, ¶ 3(f). Under the Agreement, the DNC warrants that its services shall be performed
in a professional and workmanlike manner, consistent with industry standards in the data
processing industry. Agreement, ¶ 8.
Keeping access cut off until the problem is resolved is covered here:
17) The Agreement further requires the DNC to take all measures necessary to
protect the secrecy of, and to avoid disclosure and unauthorized use of confidential information
disclosed by the Campaign to the DNC (Confidential Information). Agreement, ¶ 7(a).
Pursuant to the Agreement, the DNC undertakes to immediately notify the Campaign in the
including the full extent of the time, place and manner of the use or disclosure and the corrective
steps taken by the DNC to address the unauthorized use or disclosure. Id.
Those two clauses let the DNC do what it needs to do to protect the data.
Fumesucker
(45,851 posts)magical thyme
(14,881 posts)they failed to remedy the problem.
Odd, too, that the security problems with the vendor have been known since 2008...when Clinton's staff accessed a competitor's data.