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It's a situation similar to bankers and the financial crisis. That is, extremely difficult to jail someone for it. This article explains it better: https://www

• ethbro 9y ago
  Currently, in the US, there is legally no way that I'm aware of for liability to flow upwards. It's all gated and derisked behind "if anything bad happens, the end user is to blame." In order for this to change, two things need to happen. Things that I think even libertarians would get behind (because of end results). 1) Hold manufacturers of networked consumer devices liable for all damages caused to third parties by their devices (e.g. if they are used in a bother). Reason being that the buyer wilfully choose the device, but a third party did not 2) Create a waiver to this liability if (and only if) the manufacturer includes a standards-compliant, end-user usable firmware upgrade facility AND releases documentation necessary for third parties to build firmware files Then let the market decide.