Lecture14 Legal Misuse Failure

8/6/2019 Lecture14 Legal Misuse Failure

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Tight Timescales

Govt required bills to be fixed by Dec 89ICL delivered an early system on timeBut it over-calculated the no. of taxpayersICL & St Albans knew there was a faultBut St Albans had to set the rate anyway!They later found the count was wrong by 3,000!So the individual rate was fixed far too low !!

St Albans stood to lose 1.3m in taxes


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St Albans Go to Court

St Albans took ICL to court, claiming:ICL had broken contract (sofware had failed)ICLs liability limitation of 100,000 was unfair

ICL should be responsible for all loss of taxesICL counter-claimed:

St Albans had knowingly agreed to accept adevelopment system, bugs and all

Judge ruled for St Albans on all counts


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Details of St Albans Ruling

The judges comments are of interest:Parties who respectively agree to supply and acquire a

system recognising that it is still in the course of development cannot be takento intend that the

supplier shall be at liberty to supply software whichcannot perform the function expected of it at thestage of development at which it is supplied.

In other words, even if ICL were supplying soft-

ware in stages, the software supplied at eachstage should have worked correctly


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ICL App eal (and Lose)

The appeal judge ruled against ICL, saying:On whom is it better that a loss of this size should fall, a

local authority or an international computer company? Thelatter is well able to insure (and in this case was insured)

and pass on the premium cost to its customers. If the lossis to fall the other way it will ultimately be borne by thelocal population either by increased taxation or by reducedservices. I do not think it is unreasonable that he whostands to make the profit (ICL) should carry the risk.

So, future rulings will tend to be for the public?


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London Ambulance Service

In 1992, the LAS introduced a new Computer- Aided Despatch SystemDesigned to allocate ambulances toincidents more efficiently to meet new

govt targets for response timesIn a typical day, system was expected to:

Process 2,500 callsMove 5,000 patients


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LAS Technical Details

The CAD system was state of the art Ambulance crews had Mobile Data TerminalsData relayed to/from central computer Call centre personnel entered details of incidents into systemSystem allocated ambulances to incidents

System went live at 3am Oct 26, 1992

By the next day, LAS was in total chaos...


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LAS What Went Wrong?

New system rapidly became overloaded Ambulances sent to wrong locationsOr taking hours to attend an incident

Callers getting frustrated, and re-reporting sameincident causing more overloadingInformation scrolled off call-centre screensBetween 10 & 20 people died as a result


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The L AS Inquiry Re p ort, 1993

The Report gave several findings:The CAD system was over-ambitious andimplemented against an impossibletimetable

The LAS board was not informed of doubtsabout the contractors abilities & experience(contractors had little experience of similar systems, and got the contract on low cost)The LAS failed to set up appropriateproject management procedures


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LAS Inquiry Re p ort (cont)

It was a mistake to implement the full CADsystem in just one phaseSenior management failed to recognise or

respond to the many problems that caused

the system to failThere was incomplete ownership of the

system it was forced on staff withoutconsultation re new working practices etc.


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LAS Inquiry More Failures

Training for staff was inadequate and inconsistent(some staff trained too early!)

The system was not fully tested first

The system relied on complex comms technologywhich didnt always workOn 4 th Nov, a minor bug crashed the system, and

the backup system also failed


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LAS Recommendations

The LAS Inquiry made severalrecommendations about a future system:Project management practicesManagement/Staff Relations

Phased implementationStaff training & systems testing

LAS does now have a successful system

75% of incidents treated within target limits

S


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Summary The Law: UK (statute and common) and International Criminal Law Civil Law Computer Misuse Act

HackingViruses

Contracts Software Failure

e-Commerce examplee-Government examplee-Health example

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Lecture14 Legal Misuse Failure

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