Liabilities and Software Vulnerabilities
My fourth column for Wired discusses liability for software vulnerabilities. Howard Schmidt argued that individual programmers should be liable for vulnerabilities in their code. (There’s a Slashdot thread on Schmidt’s comments.) I say that it should be the software vendors that should be liable, not the individual programmers.
Click on the essay for the whole argument, but here’s the critical point:
If end users can sue software manufacturers for product defects, then the cost of those defects to the software manufacturers rises. Manufacturers are now paying the true economic cost for poor software, and not just a piece of it. So when they’re balancing the cost of making their software secure versus the cost of leaving their software insecure, there are more costs on the latter side. This will provide an incentive for them to make their software more secure.
To be sure, making software more secure will cost money, and manufacturers will have to pass those costs on to users in the form of higher prices. But users are already paying extra costs for insecure software: costs of third-party security products, costs of consultants and security-services companies, direct and indirect costs of losses. Making software manufacturers liable moves those costs around, and as a byproduct causes the quality of software to improve.
This is why Schmidt’s idea won’t work. He wants individual software developers to be liable, and not the corporations. This will certainly give pissed-off users someone to sue, but it won’t reduce the externality and it won’t result in more-secure software.
EDITED TO ADD: Dan Farber has a good commentary on my essay. He says I got Schmidt wrong, that Schmidt wants programmers to be accountable but not liable. Be that as it may, I still think that making software vendors liable is a good idea.
There has been some confusion about this in the comments, that somehow this means that software vendors will be expected to achieve perfection and that they will be 100% liable for anything short of that. Clearly that’s ridiculous, and that’s not the way liabilities work. But equally ridiculous is the notion that software vendors should be 0% liable for defects. Somewhere in the middle there is a reasonable amount of liablity, and that’s what I want the courts to figure out.
EDITED TO ADD: Howard Schmidt writes: “It is unfortunate that my comments were reported inaccurately; at least Dan Farber has been trying to correct the inaccurate reports with his blog. I do not support PERSONAL LIABILITY for the developers NOR do I support liability against vendors. Vendors are nothing more then people (employees included) and anything against them hurts the very people who need to be given better tools, training and support.”
Howard wrote an essay on the topic.