Courts & Litigation Cybersecurity & Tech

Software Liability and Insurance

Daniel Woods
Monday, May 13, 2024, 3:08 PM
Insurers can bring unique evidence and legal strategies to software liability cases if the regime creates a path for subrogation.
Close-up view of system hacking in a monitor (Tima Miroshnichenko,; Public Domain)

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In this paper for Lawfare’s Security by Design Paper Series, Daniel Woods argues that the actions of insurers can meaningfully contribute to a strong U.S. software liability regime. He sets forth a proposal that would empower insurers to recover against vendors for their production of insecure software. This system, he says, would provide for victims’ compensation through insurance while enabling a software liability regime to discourage insecure software development.

You can read the paper here or below.

Daniel Woods is a Lecturer in Cyber Security at the University of Edinburgh. His academic position is jointly appointed by the British University in Dubai, where he periodically teaches and supervises students. He received his PhD titled “The Economics of Cyber Risk Transfer” in 2019 from the University of Oxford. Daniel is also a Security Researcher at Coalition, a cyber insurance and security services start-up.

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