Cybersecurity’s Next Legal and Policy Frontier: Software Liability
summary
March 2023 national cybersecurity strategy pushes legal liability onto software makers and the White House breaks the strategy into 27 strategic objectives and 69 implementation initiatives to study how liability, safe harbors and standards of care would change engineer behavior. Panelists argue for a product liability approach focused on defects (not process), cite the NIST Secure Software Development Framework and CISA lists of routinely exploited vulnerabilities as concrete baselines, and propose holding vendors who ship open source‑based products accountable so buyers and insurers can price risk.
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chapters (12)
- 0:00Introduction
- 2:58White House cybersecurity strategy
- 10:02Legislative path to liability
- 14:23Software liability framework questions
- 23:31Standard of care in security
- 28:56Market failures and incentives
- 34:16Legislative action challenges
- 38:16Open source liability considerations
- 41:53Impact on software development
- 45:53Third-party liability and IoT
- 46:14Liability by cost and criticality
- 48:41Closing remarks
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