Derek E. Bambauer (University of Florida Levin College of Law) & Melanie Teplinsky (American University - Washington College of Law) have posted Standards of Care and Safe Harbors in Software Liability: A Primer on SSRN. Here is the abstract:
The National Cybersecurity Strategy (NCS) and NCS Implementation Plan attempt to reshape the laws governing software liability. Both proposals rely on creating a “standard of care” and a “safe harbor” against liability. This Essay explains both terms and their potential roles in a liability system that can bolster software security. Properly crafted standard of care rules and safe harbors have the potential to introduce more predictability and reliability into the litigation system while promoting better practices for achieving software security. Taken together, they could encourage adherence to quality-promoting practices and processes, making software more resilient and more secure.
