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Disclaimers

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During the pre-engagement discussions and in the SOW, it is important to include two disclaimers that outline two important points about the penetration test.

First, you should have a disclaimer that states that the penetration test is a point-in-time assessment — meaning you have tested against known vulnerabilities and exploits as of the current date. As time goes on and new software and systems are installed on the network, your assessment would not have tested those new items.

Second, you should have a disclaimer that indicates that the comprehensiveness of the penetration test is based on the types of tests authorized by the customer and the known vulnerabilities at the time. For example, if the customer requests that no denial of service (DoS) attacks are performed (which is common), your penetration test would not have tested how the company stands up against a DoS attack. This disclaimer will help protect you if the customer is hit with a DoS attack after the penetration test is performed.

Your agreement should also make it clear that a penetration test uses hacking tools that a hacker would use, and although you have tested these tools, it is possible that they could have unpredictable results due to the additional software installed on the systems or the configuration of the systems. Unpredictable results in this case is referring to the fact that it is possible that the target systems could crash and be unavailable. For example, I have heard cases where performing a vulnerability scan of the network caused the print servers to drop off the network. This is not something that happens all the time, but the point is that different products from different vendors respond differently to the scanning and attack tools. One way to help prevent disruption on the network is to perform the penetration test on virtual machines within a test environment that are copies of the production systems.

Ensure you have a disclaimer in the agreement that specifies that the pentest is a point-in-time assessment and that the comprehensiveness is based on the scope of the assessment.

CompTIA PenTest+ Certification For Dummies

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