Long time readers have seen my rants on the state of software warranties. Jane Chong provides an overview of the issues of software warranties, and the role that Congress may play in the future of same, on Lawfare:
The mutability and extensibility of software raise other questions. For instance, alerting the world to a flaw instantly creates risks at the same time it serves as the first step to mitigation. Developers (and to some extent, manufacturers and assemblers) will need to not only track, record and patch vulnerability discoveries but also develop and implement responsible vulnerability disclosure policies. On another note, the flip side of software updates is software discontinuation. What are vendors’ obligations regarding software they no longer plan to support—and for how long?
Legislation is not a magic bullet for the complexities and uncertainties of the current, highly uneven software risk landscape. Much will turn on the care with which the legislation and any implementing regulations are drafted, and the consistency and coherence of efforts to interpret and implement those standards, whether through private or parens patriae suits or by way of agency enforcement actions. But one thing is clear: The horse has left the barn. The tide has already turned. Whether or not Congress sees a role for itself in enhancing and standardizing the current software liability regime, bad code is now bad news not only for end users but also for all those deemed responsible for putting it into the stream of commerce. Liability is here. What remains are questions of design and deliberation, ownership and optimization.
And then what do you do about an alleged artificial intelligence system that goes bad?
