While technology continues to outpace the law, new and emerging legal issues will arise in an effort to keep up with the oft changing landscape that technology has created in today’s society; not the least of which will be cyber security and demand for protection against cyber hacks.
The law requires companies to protect against foreseeable harms. The failure to ensure devices are safe leaves product companies exposed to tremendous liability.
So, the legal question is asked – in the face of a cyber security breach, who is responsible?
I read with great interest on Friday a fascinating post by a fellow lexblog blogger concerning St. Jude Medical Inc’s warning that their implantable cardiac devices were vulnerable to cyber attacks. Read the post here.
Just imagine the legal consequences (and health consequences) of such an attack?
On a smaller scale, we are all well aware of the “credit card hacks” that have occurred (think Target not too long ago) and the litigation that followed against Target. Thankfully, nobody died. But can you imagine the risk with a cyber attack on a implantable medical device? Driver-less car? Commercial airplanes?
The opportunities for young millennials and others to develop technological infrastructure that prevents and protects from such dangers is enormous.
Today, a company that develops products within the zone of technology, cannot deny the dangers of cyber security and cyber threats. As such, they must protect against such dangers in order to protect the consumer.
Many companies will not make such effort, and it will only become apparent once they are served with a lawsuit.
