Can Better Data Security Be Encouraged by Civil Liability?

• Author: John Gregory
• Date: January 22, 2015

Some people – notably information security expert Bruce Schneier – believe that if IT suppliers, notably software providers, were civilly liable for the harm caused by buggy products, they would have an incentive to be more careful. The market currently encourages the industry to put products on sale as early as possible, and with the most hype possible, whether testing has been adequate or security threats thoroughly checked.

Here is an overview of Schneier’s position. A classic statement of the issues with software is here.

Would they be more careful – and would we then all be better off – if a few drastic civil judgments persuaded them to adopt better practices?

Stewart Baker of Steptoe & Johnson in DC does not think so. His article addresses mainly security measures that might reduce the number of instances of compromise of personal or commercial data. Is he persuasive...