"Based on the testing performed before the initial deployment of the Template Type (on March 05, 2024), trust in the checks performed in the Content Validator, and previous successful IPC Template Instance deployments, these instances were deployed into production."
So they did not test this update at all, even locally. Its going to be interesting how this plays out in courts. The contract they have with us limits their liability significantly, but this - surely - is gross negligence.
As I understand, it is incredibly difficult to prove "gross negligence". It is better to pressure them to settle in a giant class action lawsuit. I am curious what the total amount of settlements / fines will be in the end. I guess ~2B USD.
Same here. Our losses were quite significant - between lost productivity, inability to provide services, inability of our clients to actually use contracted services, and having to fix their mess - its very easily in the millions.
And then there will be the costs of litigation. It was crazy in the IT department over the weekend, but not much less crazy in our legal teams, who were being bombarded with pitches from law firms offering help in recovery. It will be a fun space to watch, and this 'we haven't tested because we, like, did that before and nothing bad happened' statement in the initial report will be quoted in many lawsuits.
To be clear: I do not expect the settlement to bankrupt them, but I do expect it to be painful. And, when you say "easily in the millions" -- good luck to demonstrate that in a class action lawsuit, and have the judge believe you. It is much harder than people think. You will be lucky to recoup 10% of those expenses after a settlement. Also, your company may also have cyber-security insurance. (Yes, the insurance companies will join the class action lawsuit, but you cannot get blood from a stone. There will be limits about the settlement size.)
So they did not test this update at all, even locally. Its going to be interesting how this plays out in courts. The contract they have with us limits their liability significantly, but this - surely - is gross negligence.