AS A NATION THE US REMAINS AT ELEVATED THREAT LEVELS Current Prevailing Nationwide Threat Level: It was Raised to High around the Anniversary of Sept. 11
CURRENT STATE OF SECURITY… OUTSIDER - PHYSICAL ATTACKS Type of Adversary Criminal Foreign State-Sponsored Terrorist Domestic Terrorist Environmental Extremist Vandals Threat Level Many users have historically protected at this level.
Since1998 the National Petroleum Council has been reviewing the vulnerabilities of oil & gas industry to attack (both physical and cyber). Post 9/11, oil and gas has been monitoring the security of its oil and gas transportation network, its refineries and its distribution facilities The American Petroleum Institute is coordinating information sharing among members. ISAC (Information Sharing and Analysis Center) has been promoting collection, assessment, and sharing of oil & gas member information on physical and electronic threats, vulnerabilities, incidents, and solutions/best practices.
In the event that there is an incident, and it turns out that it was related to one of those vulnerabilities, and nothing had been done to address that particular vulnerability the facility or organization is not only facing a clear liability but possible negligence as well.
Liability as it pertains to security: relates to an obligation one is bound or have a responsibility to do; it is the condition of being actually or potentially subject to an obligation; the obligation required is based on the comparison of what others in an industry would do in the same circumstances – that is, they are held to an industry standard. if that obligation or standard is not met then there is a liability exposure
As an example, if tenants in a building are exposed to unauthorized intrusion it becomes the responsibility for the landlord to provide a reasonable level of security to prevent the intrusions. There is sufficient case law supporting the obligation of the landlord to provide for the protection of the tenant when it is clearly recognized that the tenant is vulnerable due to unauthorized intrusions and insufficient security in the building.
The legal definition of negligence is: the omission to do something which a reasonable person, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which A reasonable and prudent person would not do .
The legal definition of gross negligence is: the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another; such a gross want of care and regard for the rights of others as to Justify The Presumption Of Willingness And Wantoness .
Definition of Punitive Damages (also known as exemplary or vindictive damages)
Damages awarded by a court against a defendant as a deterrent or punishment to redress An Egregious Wrong Perpetrated By The Defendant ; damages on an increased scale, awarded to the plaintiff over and above what will barely compensate him for his property loss, Where the Wrong Done to Him Was Aggravated by Circumstances of Violence, Oppression, Malice, Fraud, or Wanton and Wicked Conduct on the part of the defendant.