Drafting Policies for Fun

Not many people think writing policy is fun. Or procedures. Or standards. Or any documentation, really. But policy and documentation can be fun, and more importantly, if done well, contributes directly to the security and safety of the organization, so it’s worth spending time on.

OK, but how can it possibly be fun? Because when you understand what you’re building, how it is like a set of block like toys that click together to create a structure capable of supporting an entire company, then it’s more like a puzzle. And if you don’t like puzzles, anything around the legal industry is probably not for you, and you should get someone else to do it for you. Like Liticode *cough*.

Policy, and all documentation, really, is a support structure. And just like any support structure, requires engineering. Wordsmithing, not metalsmithing, but still, craft that requires study. If you throw something together without adequate understanding and skill, you end up with more problems than before you made the policy. Like a bad bridge, it will collapse at the worst possible time, probably taking careers with it.

A more visually correct representation is a house of cards, because we’re dealing with documents, and most of them are flimsy things that collapse under the faintest pressure.  But we’re going to fix that problem by building using better cards.  Cards made of reinforced concrete and steel, architected not cobbled together.

Policy is the roof. Why not the foundation? Because policy is the first line of defense. It’s what takes the first hits when you’re under attack by hostile lawyers or other nefarious entities, including your own personnel who just want to do things differently. Policy is the shield from stuff falling on the business.

The walls are the procedures and standards that support the policy. Can’t have a policy without process and standards, or it’s a useless policy. For example, if you have a policy that says no personal use of company assets, but you don’t have a process to detect it, or a standard of configuration for the business computers being used, your policy is going to be impossible to support.

So what’s the foundation? That is your charters, bylaws, explanatory documentation, authorities, and anything else that doesn’t count as part of the super structure.  A simplistic example is the criminal laws against theft.  They aren’t part of your policy or your procedures, but they provide the cause that your HR termination policy uses to support a dismissal.  You rely on them, just like you rely on manufacturer’s documentation, government standards, industry standards, and job descriptions, to direct the business.

So, just like building a complex house of cards, your policy in one area might be the foundation in another layer. The procedures of one layer are the foundation of another. The point to internalize being that all these documents are a) tangible, meaning they exist and you can put your hands on them to produce in court, and b) fit together like a puzzle, reinforcing and supporting each other, so that removing one piece in the bottom layer doesn’t cause the entire thing to collapse.  That last part is important.  They interlock and reinforce each other.

Which brings up the other fun part of the policy game. Who has ever performed a red team analysis of policy? Nobody, other than Liticode. We’re the only company that will look at your documentation and game it with our legal teams and provide you a risk analysis of your policy structure and documentation. And that’s just as important as your penetration testing of your network. The evil hackers might get your database, but the lawsuits that come after are what’s going to destroy the company and careers. We help you prepare with our policy analysis, but we want you first and foremost to have people that grasp the concept of the policy structure and how it is critical to your corporate defense.  Defense in depth includes the legal activities side.  Most (all?) risk assessments simplistically check off boxes indicating policy is present, but don’t evaluate the content.  That will get you blindsided, and we can help avoid that.

So enjoy building policy. Call us if you’re short handed or want an additional set of eyes. Call us later if you want to test it and see if you have any unexplored risks in your structure. Our staff has the skill and experience to turn your house of cards into a fortress.


to the big man himself for passing the HCISSP exam on the first try! Liticode considers the HCISSP a necessary standard for working on HIPAA and hospital security and litigation consulting. No cert is too much of a reach for our valued clients.

Sample Case

Some Seattle criminals were apparently hacking wifi to help them locate business servers with identity information and then breaking in and stealing the servers. This is a perfect example of why physical security risks should be checked along with any electronic security validation. Penetration testing needs to be both physical and electronic, because sometimes it’s just easier to walk away with the equipment than it is to hack in and steal the data.