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56 - General Principles of Financial Planning 4 Negotiable instruments A A negotiable instrument is a written contract that can be used as a substitute for money In general, there are two types of negotiable instruments: (1) A promissory note is a written promise to make payment (2) A draft is a written order to make payment, but three parties are involved Even if a single party occupies two of these positions, it is still a three-party instrument B A holder in due course of a negotiable instrument is entitled to payment despite most defenses that the maker or drawer may have There are several exceptions to the rule that a holder in due course takes the negotiable instrument free of personal defenses: (1) Infancy is a defense against a holder in due course Thus, a minor who signs a promissory note cannot be held liable (2) An exception arises if the instrument was created under extreme duress (3) An exception arises in case of bankruptcy of the party designated to make payment (4) An exception arises if a fraud occurred that the signer of the instrument had no opportunity to detect C Several steps are necessary for a party to become a holder in due course of a negotiable instrument (1) A document is considered a negotiable instrument only if it has a particular form (a) It must be in writing and signed by the maker or drawer (b) It must contain an unconditional promise or order to pay (c) It must be for a sum certain in money (d) It must be payable at a de nite time or on demand (e) It must be payable to order of a party or payable to the bearer of the instrument (except for checks) (f) It must contain no other obligation, promise, or requirements (2) The person trying to assert status as a holder in due course of the instrument must be a holder The person is a holder if the instrument was properly negotiated to him or her D The relationship that exists between a bank and its customers is also important The bank (the drawee on a check) has an obligation to a customer (the drawer of a check) A bank must also follow a customer s order not to pay (1) An oral stop order is valid for 14 days (2) A written stop order is valid for six onths E A person who presents an instrument for payment and a person who transfers an instrument to another party make, by operation of law, certain warranties regarding the instrument The warranties in these two cases differ slightly, but, in general, they are as follows: (1) The person has good title to the instrument that is being presented or transferred (2) All signatures are genuine or authorized (3) There are no known defenses to the instrument 5 Professional liability A Because of the nature of a practitioner-client relationship, services and recommendations provided by nancial planning practitioners carry a certain level of liability exposure; it is inherent to the profession The Practice Standards, however, should assist the practitioner in managing that risk B The potential of common law liability to clients includes liability based on (1) breach of contract, (2) tort or negligence, and (3) fraud.

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The focus for most intrusion detection efforts has been the gateway to the Internet By watching strategic choke points, typically delineated by firewalls, analysts keep an eye on traffic entering the enterprise This mode of operation naturally follows from the process of deploying firewalls in the 1990s When organizations realized their firewalls were not and could not keep attackers at bay, they positioned IDSs to monitor traffic passing through their preventative devices A more recent development involves watching traffic leaving the enterprise As this book has shown, strict attention to inbound traffic ignores half the picture In many cases, watching outbound traffic is easier than monitoring inbound traffic It is tedious to log and inspect thousands of inbound attempts to exploit Microsoft SQL servers It is simple to detect and validate one or two outbound events of the same kind Watching the inbound traffic is first-order intrusion detection Watching the outbound response to an attack is second-order intrusion detection At this point we know analysts continue to watch attacks from the Internet, and they are becoming more aware of attacks launched from their sites against remote hosts The next arena for detection concentrates on attacks launched within the enterprise against internal systems This sort of traffic is the result of several scenarios The most basic scenarios see a curious or disgruntled employee attacking internal systems for fun or profit The difficulty here is the size and topology of the internal network and the switched, high-bandwidth links used to connect internal users Organizations find it difficult enough to consolidate their Internet points of presence into a manageable, watchable set Sprawling internal networks without boundaries offer few obvious choices for deploying sensors Furthermore, the techniques used to attack internal hosts are much different than those used by outsiders A rogue employee is not going to run Nmap and launch a Windows exploit He or she will log in to the target with valid or stolen redentials and copy information via SMB share Because this traffic looks like any one of a million other legitimate business transactions, it is exceedingly difficult to monitor internal traffic Network-based approaches do not apply well to internal threat models Host-based detection, with policies to monitor or limit user's actions, is more effective Engineers tasked to deploy IDSs inside their enterprise boundaries should carefully consider their threat model Rather than treat the inside of the organization as another point of Internet presence, engineers should take a host- and policy-centric look at watching for unauthorized activity Inspecting network traffic will probably not be the answer Moving outside the enterprise, the next area of concern is the network infrastructure connecting the organization to the Internet Devices like border routers are usually not within the view of network IDSs This means the most fundamental component of Internet-based operations is subject to attack while no one is watching Routers and switches are computers They run operating systems and applications vulnerable to subversion, abuse, or breach The ubiquity of Web-based management and its attendant vulnerabilities is bringing this fact home to network administrators The Cisco IOS HTTP authentication vulnerability of 2001 was one of the industry's first wake-up calls in this respect.

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