Information Security and Liabilities
In my fourth column for the Guardian last Thursday, I talk about information security and liabilities:
Last summer, the House of Lords Science and Technology Committee issued a report on “Personal Internet Security.” I was invited to give testimony for that report, and one of my recommendations was that software vendors be held liable when they are at fault. Their final report included that recommendation. The government rejected the recommendations in that report last autumn, and last week the committee issued a report on their follow-up inquiry, which still recommends software liabilities.
Good for them.
I’m not implying that liabilities are easy, or that all the liability for security vulnerabilities should fall on the vendor. But the courts are good at partial liability. Any automobile liability suit has many potential responsible parties: the car, the driver, the road, the weather, possibly another driver and another car, and so on. Similarly, a computer failure has several parties who may be partially responsible: the software vendor, the computer vendor, the network vendor, the user, possibly another hacker, and so on. But we’re never going to get there until we start. Software liability is the market force that will incentivise companies to improve their software quality—and everyone’s security.