Cybersecurity’s Third Rail: Software Liability

The New York State Court of Appeals, where Benjamin Cardozo held Buick Motor Company liable for a faulty wheel supplied by another firm. (Daniel Case, https://tinyurl.com/23xddw6x; CC BY-SA 3.0, https://creativecommons.org/licenses/by-sa/3.0/deed.en)

Well, they’ve done it. The Biden administration’s new National Cybersecurity Strategy takes on the third rail of cybersecurity policy: software liability. For decades, scholars and litigators have been talking about imposing legal liability on the makers of insecure software. But the objections of manufacturers were too strong, concerns about impeding …

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