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Standards for Software Liability: Focus on the Product for Liability, Focus on the Process for Safe Harbor

Published by The Lawfare Institute in Cooperation With In the first paper for Lawfare 's new Security by Design Paper Series, Jim Dempsey argues that a workable standard for liability would include a rules-based floor and a process-based safe harbor; none of the existing frameworks for secure software development is sufficiently definitive, but the elements of floor and ceiling are readily at hand.Section 1 of this paper sets the stage by briefly describing the problem to be solved. Section 2 ca...

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