Word of mouth (figuratively speaking in 2022) and reputation is everything in the technology industry. Specifically, the question that follows “How well does this work?” and “How expensive is this software or hardware?” is often “How secure is this product?” The answers to these questions go a long way in determining the success of the company behind it. If a commercial router, for example, works really well, and is inexpensive but not secure as evidenced by bugs, data breaches or pen tests show, lawyers, competitors, journalists, or customers on social media will often bring that information forth in rapid fashion. Sometimes the technology company will attempt damage control by bringing the defect or breach to the public’s attention before anyone else can. By setting the tone for the narrative, the company can often gain or retain trust from the consumer and their stakeholders and mitigate erroneous rumors and gossip from other sources. Sometimes the timing is not possible for the company to exercise this strategy and if the public hears it from another source, it could possibly have negative effects. Sometimes, as in the case about to be discussed, despite what the company does to lessen the blow, another version of the facts is brought forth and can lead to uncertainty about the company. The defamation case, Ubiquiti vs Krebs on Security, filed last week in the United States District Court, for the Eastern District of Virginia last week, touches on several of those...

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