Skip to main content


I have a new post at Techdirt, about the Biden Administration's National Cybersecurity Strategy Document, and its call for software developer liability in particular.

In sum: that part is a bad idea.

"Move Over, Software Developers – In The Name Of Cybersecurity, The Government Wants To Drive"

https://www.techdirt.com/2023/09/06/move-over-software-developers-in-the-name-of-cybersecurity-the-government-wants-to-drive/

Interesting argument but I have to disagree: There are some classes of errors where liability does need to ensue, because it is really akin to building a car bumper out of C4.

Buffer overflow errors, SQL injection, command injection, and bad default passwords SHOULD NOT EXIST as vulnerabilities, and those who produce them should be liable for the damage caused.

@ncweaver The list of vulnerabilities that should not exist is exactly as long as the complete list of vulnerabilities: none of them should exist, but we need to be careful about how we ascribe liability for them.

It's easy to say things like "buffer overflow errors should not exist," but it's very much harder to actually prevent them (SQL injection attacks, on the other hand, are fairly easy to prevent). And bugs of this kind may already trigger liability (e.g. against websites).

@adrian
It is TRIVIAL to eliminate programmer introduced buffer overflow errors in 99% of the programs out there: DON'T FUCKING USE C OR C++!
@ncweaver sorry, but that's not an acceptable blanket constraint. Once you start prescribing which programming languages can be used you become the very type of bureaucrat that Cathy is concerned about.

@adrian @ncweaver

Bear in mind: I'm not saying that there might not be some bad practices to be avoided. I am just saying that law should not be what enforces that avoidance because there be dragons.

If the government wants to help promote guidance for better ones to use, or educate on ones to avoid, that is not itself objectionable.

@adrian

The problem is two decades+ of education hasn't worked. These are classes of vulnerabilities that should not exist, and the only hammer left is liability, because every professional knows or should know that these practices are bad.

And yes, C and C++ need to be treated the same way as if you were building car bumpers out of C4 and asbestos: it is straight hazardous.

@Cathy Gellis I am curious how you view regulation of medical devices or environmental regulation