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Brivo warning on 125KHz Proximity Cards and Readers
November 3, 2023
Brivo warning on 125KHz Proximity Cards and Readers
          We need to put a statement in the contract for outdated technology, specifically for prox readers. It would basically be a security caution against using these. What are your thoughts on adding something for this? This is an example of a security caution we received from one of our vendors:
          “Security Caution on Use of 125KHz Proximity Cards and Readers: 125KHz proximity cards and readers contain known vulnerabilities, are subject to skimming attacks and are easily cloned. For new customers, Brivo strongly recommends the use of more secure credentials such as Brivo’s Smart Readers, Brivo Smart Credentials and Brivo Mobile Pass. For existing 125KHz proximity customers making the transition to secure credentials, we recommend installing new Smart readers wherever possible and upgrading to dual-technology credentials that can be used on the existing 125kHz proximity readers.”   
          This is an interesting, if not alarming if you don’t mind the pun, warning from Brivo [and I did not independently confirm that Brivo issued the warning].  I am not technical enough to assess the danger posed to customers of this access control equipment.  It’s an accepted tenent that all alarm and security equipment and systems are susceptible to circumvention; that’s why additional and more sophisticated equipment and services are always offered to the customer [and emphasized in the Standard Form Agreements and the Disclaimer Notice].  Is this manufacturer claiming that the product is inherently defective, capable of causing damage, or just entirely ineffective so as simply not working, perhaps leaving doors open or Readers easily hacked by the average high school junior computer wiz?
          Sounds like we need to get Jeff Zwirn on this asap. 
          On the contract side, the Standard Form Agreements clearly provide that the dealer is not responsible for obsolete equipment or equipment that is at manufacturer’s end of life.  Different equipment and different systems and different communication pathways are better than others; something is always better.  When I negotiate contracts, which I do several times a week, I enjoy pointing out that the dealer would be happy to increase the limitation of liability and remove the exculpatory clause if the customer agreed to change the $50 a month for monitoring to $29,000 a month so that we could also post two round the clock guards to watch for intrusion or fire. 
          The above warning raises two issues, one for customers who already have the equipment and the other for new customers to whom you are about to sell the equipment, either because you recommend it or they just want it.  For new customers the answer is easy, include the warning in the Disclaimer Notice. [the appropriate contract by the way is the Commercial All in One] For existing customers you may want to bite the bullet and send a notice strongly recommending that they equipment be updated and upgraded.  You can get that form letter in the Pandora box sitting on your desk.  Maybe the manufacturer has a better solution and wants to pay for it.

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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