Software liability has been dubbed the “third rail of cybersecurity policy.” But the Biden administration’s National Cybersecurity Strategy directly takes it on, seeking to shift liability onto those who should be taking reasonable precautions to secure their software.
What should a software liability regime look like? Jim Dempsey, a Senior Policy Adviser at the Stanford Cyber Policy Center, recently published a paper as part of Lawfare’s Security by Design project entitled “Standards for Software Liability: Focus on the Product for Liability, Focus on the Process for Safe Harbor,” where he offers a proposal for a software liability regime.
Lawfare Senior Editor Stephanie Pell sat down with Jim to discuss his proposal. They talked about the problem his paper is seeking to solve, what existing legal theories of liability can offer a software liability regime and where they fall short, and his three-part definition for software liability that involves a rules-based floor and a process-based safe harbor.
Support this show http://supporter.acast.com/lawfare.
Hosted on Acast. See acast.com/privacy for more information.
Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (June 13, 2024)
Missouri’s Legal Fight Against China Continues with Sean Mirski and Aaron Sobel
Rational Security: The “Miami Vices” Edition
Lawfare Daily: Is Complying with the Law of War a Defense to Genocide?
Lawfare Daily: Natan Sachs on the Latest Israeli Political Crisis
Chatter: FDR, Charles Lindbergh, and Presidential Libraries with Paul Sparrow
Lawfare Daily: Behind the Scenes of Lawfare's Trump New York Trial Coverage
Lawfare Daily: Charlotte Willner and David Sullivan on Content Moderation in the Age of AI
Lawfare Archive: A Trip Around Africa with Judd Devermont and Emilia Columbo
Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (June 6, 2024)
Lawfare Archive: The Migrant Caravan and Its Dissenters
Lawfare Daily: Mary McCord on the Effort to Hold Fake Electors Accountable
Rational Security: The “Morning After” Edition
Lawfare Daily: OpenAI’s Shutdown of State-Backed Information Operations with Alex Iftimie
Lawfare Daily: Ashley Deeks and Mark Klamberg on AI and National Security
Chatter: The Harrowing History of the Soviet Space Program with John Strausbaugh
Lawfare Daily: Eisenhower, D-Day, and the Birth of the American Superpower with Michel Paradis
Lawfare Daily: What the ‘Kids’ Think of NATO with Rachel Rizzo
Lawfare Archive: Should Humans Communicate With Aliens?
Lawfare Archive: Scott Anderson and Richard Gowan on the Disagreement in the Security Council on the Snapback of UN Sanctions on Iran
Create your
podcast in
minutes
It is Free
Legal AF by MeidasTouch
Today, Explained
The Daily
City Manager Unfiltered
Potencial Americano