Putting Your Money Where Your Cyber Is: Software Liability
Law and engineering professor Andrea Matwyshyn analyzes Pillar 3 of the National Cybersecurity Strategy, exploring future legal frameworks for software liability.
Summary
Shifting Liability to Software Manufacturers
Pillar 3 of the US National Cybersecurity Strategy proposes a paradigm shift in software law: rebalancing market incentives by holding commercial vendors liable for insecure software.
The Evolution of Security and Product Liability Law
Professor Andrea Matwyshyn traces the historical doctrine of software disclaimers, comparing software warranties to established product liability frameworks in physical goods.
Defining Standards of Care and Safe Harbors
Courts and regulators must establish objective criteria for 'reasonable security', defining safe harbor protections for vendors adhering to secure-by-design engineering practices.
Anticipating Legal and Economic Ramifications
The session engages attendees in structured legal exercises to debate edge cases, evaluate open-source exemptions, and inform forthcoming software liability legislation.
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