KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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ADT former employee who hacked into cameras pleads guilty / confidential estimates
January 28, 2021
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ADT former employee who hacked into cameras pleads guilty  
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            Our June 22, 2020 article reported on a lawsuit against ADT for its employee hacking into customers camera systems.  This was in Texas, so no surprise that a fellow Texas, Mitch Reitman, would let us know about recent developments regarding this issue.
            The former ADT employee pleaded guilty to computer fraud, facing 5 years in prison.  He accessed 200 customer accounts 9600 times by adding his email address to the customers systems over a 4 year period.
            According to abc on line the employee targeted homes with attractive women and accessed their cameras for his own sexual gratification, looking at them when they were naked or engaging in sex.  The federal prosecutor called it "disgusting betrayal of trust".  The abc news report said people need to practice "cyber hygiene".
            The report also noted that ADT "deeply regrets" the incidents.
            Obviously you have to have confidence in the morality and integrity of your employees [and yourself].  It might not be a bad idea to provide subscribers with a checklist or frequently asked questions, which would include the placement of cameras and who has access to system.  It's not clear where the naked women were observed or where they were engaging in sex, but I doubt it's industry practice to suggest cameras, even in private homes, be placed in bedrooms and bathrooms.  I might be old fashion, but that's where people generally hang around naked and have sex.  
            My other legal advice, though not an update to the contracts, is stick with ugly customers; don't tempt your employees.
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Confidential estimates
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Ken
               Is this something the customer has to sign before receiving the estimate?
 Thank You,
Ralph 
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Response
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            It's one thing for a residential or small commercial customer to take your proposal and estimate and use it to shop around with your competitors who are eager to "beat any price", and a potential customer who has you spend hours and hours designing a system, specking it out, pricing it, and then using that proposal and estimate to shop it around or put out to bid.  It especially stings, and stinks, when you don't end up with the job.
            Some estimates take minutes, others much more time, and it's not unreasonable for you to tell a prospective customer that you want your proposal kept confidential, not shared with competitors and not used for a bid proposal; that if it is, you want to be compensated for your design and estimate services.
            The Confidentiality Agreement for Estimates and Specifications is designed for this situation.  So if this is an issue in your alarm business, get this agreement at www.alarmcontracts.com
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com