Topic
Software Liability
9 published works
Global Policy Watch
The EU Considers Changing the EU AI Liability Directive into a Software Liability Regulation
By Kristof Van Quathem, Louise Freeman, Dan Cooper, Anna Sophia Oberschelp de Meneses
Now that the EU Artificial Intelligence Act (“AI Act”) has entered into force, the EU institutions are turning their attention to the proposal for a directive on adapting non-contractual civil…
Inside Privacy
The EU Considers Changing the EU AI Liability Directive into a Software Liability Regulation
By Kristof Van Quathem, Louise Freeman, Dan Cooper, Anna Sophia Oberschelp de Meneses
*** Update: Note that the EU AI Liability Directive has been withdrawn in the meantime. Now that the EU Artificial Intelligence Act (“AI Act”) has entered into force, the EU…
ComplexDiscovery
Falcon Update Fallout: Legal and Business Repercussions
By Rob Robinson
Editor’s Note: The following article provides a detailed analysis of the extensive global IT outage triggered by a flawed software update from CrowdStrike, one of the most significant incidents in…
The CLS Blue Sky Blog
Debevoise Discusses White House’s National Cybersecurity Strategy
By Luke Dembosky, Avi Gesser, Erez Liebermann, Jim Pastore, Michael R. Roberts
On March 2, 2023, the White House Office of the National Cyber Director (“ONCD”) released the Biden Administration’s (the “Administration”) long-awaited National Cybersecurity Strategy (the “Strategy”), the first since the…
Drug & Device Law
Yes Virginia, Software Can Be A Product
The idea that software can be a product (as in “product liability”) is not new, but gray areas remain with regard to when that should be and how courts should…
Drug & Device Law
Unintended Consequences for Software Liability?
We have been following the issue of potential product liability for software, including in connection with medical devices, for a while. Much of our attention, predictably, has been on FDA…
TortsProf Blog
Choi on “Crashworthy Code”
Bryan Choi has posted to SSRN Crashworthy Code. The abstract provides:Code crashes. Yet for decades, software failures have escaped scrutiny for tort liability. Those halcyon days are numbered: self-driving cars,…
Blockchain and the Law
When Smart Contracts are Outsmarted: The Parity Wallet “Freeze” and Software Liability in the Internet of Value
By Wai Choy
The recent Parity wallet “freeze” provides yet another example of a coding vulnerability in a smart contract (rather than a flaw in the underlying blockchain or cryptography) resulting in an…
TortsProf Blog
Tort Liability for Software Vendors
Michael D. Scott (Southwestern) has an interesting new article on SSRN, "Tort Liability for Vendors of Insecure Software: Has the Time Finally Come?" The abstract states:Since 9/11, increased attention has…