Nextgov: In October, when malware called Mirai took over poorly secured webcams and DVRs, and used them to disrupt internet access across the United States, I wondered who was responsible. Not who actually coded the malware, or who unleashed it on an essential piece of the internet’s infrastructure—instead, I wanted to know if anybody could be held legally responsible. Could the unsecure devices’ manufacturers be liable for the damage their products?
Right now, in this early stage of connected devices’ slow invasion into our daily lives, there’s no clear answer to that question. That’s because there’s no real legal framework that would hold manufacturers responsible for critical failures that harm others. As is often the case, the technology has developed far faster than policies and regulations.
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