Navigating the Legal and Audit Implications of BYOD Initiatives

David Johnson

While the consumerization of IT marches on, in its footsteps lurks the specter of unknown risk. We live in a world of zero-sum games of litigation where suffocating regulations are the norm, and failure to comply can draw millions in fines and lawsuits. Technology diversity multiplies the challenge of maintaining compliance — it’s no wonder so many IT shops take a one-size-fits-all approach to workforce computing and forbid bring-your-own-device (BYOD). But it doesn't have to be this way. It’s possible to craft an approach that brilliantly achieves the conflicting goals of embracing BYOD and consumerization while slashing the risks and costs at the same time. Our recent research on the topic comes from working with lawyers and auditors who specialize in technology law and compliance reveals that it can indeed be done.

You Still Have to Act But the Cure is Often Worse Than the Disease
The technology attorneys we interviewed for this research agree — once you learn that BYOD is happening in your organization, you have a legal obligation to do something about it, whether you have established industry guidance to draw on or not. The answer is seemingly simple: Take action to stamp out the risk. However, the answer isn't that straightforward because: 

  • The more restrictions you put in place, the more incentive people will have to work around them and the more sophisticated and clandestine their efforts will be.
  • There is no data leak prevention tool for the human brain, so arguably the most valuable and sensitive information walks around on two legs and leaves the building every night. Accepting this is important for keeping a healthy perspective about information risk on employee-owned devices.
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HP Vs. Oracle – Despite Verdict In Favor Of HP, The End Is Not Yet In Sight

Richard Fichera

This week the California courts handed down a nice present for HP — a verdict confirming that Oracle was required to continue to deliver its software on HP’s Itanium-based Integrity servers. This was a major victory for HP, on the face of it giving them the prize they sought — continued availability of Oracle’s eponymous database on their high-end systems.

However, HP’s customers should not immediately assume that everything has returned to a “status quo ante.” Once Humpty Dumpty has fallen off the wall it is very difficult to put the pieces together again. As I see it, there are still three major elephants in the room that HP users must acknowledge before they make any decisions:

  • Oracle will appeal, and there is no guarantee of the outcome. The verdict could be upheld or it could be reversed. If it is upheld, then that represents a further delay in the start date from which Oracle will be measured for its compliance with the court ordered development. Oracle will also continue to press its counterclaims against HP, but those do not directly relate to the continued development or Oracle software on Itanium.
  • Itanium is still nearing the end of its road map. A reasonable interpretation of the road map tea leaves that have been exposed puts the final Itanium release at about 2015 unless Intel decides to artificially split Kittson into two separate releases. Integrity customers must take this into account as they buy into the architecture in the last few years of Itanium’s life, although HP can be depended on to offer high-quality support for a decade after the last Itanium CPU rolls off Intel’s fab lines. HP has declared its intention to produce Integrity-level x86 systems, but OS support intentions are currently stated as Linux and Windows, not HP-UX.
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