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Well, yes and no. You can have liability on inputs or liability on outputs. For restaurants, liability on outputs would mean a restaurant being liable for any
by MereInterest 5y ago
Well, yes and no. You can have liability on inputs or liability on outputs. For restaurants, liability on outputs would mean a restaurant being liable for any food poisoning that occurs within X hours of eating there. But, human health has many confounding factors, so the inputs are easier to measure and to impose liability on.
For computer security, I'd want to see liability on results, and not just on the methods and the checklists. If a company has a data breach, then that's something for which they can be held liable. That might mean that it becomes much more expensive to maintain large databases on users, which would be a good change.
- joe_the_user 5y agoFor restaurants, liability on outputs would mean a restaurant being liable for any food poisoning that occurs within X hours of eating there. You kind of run up against that old English Common Law principle that a defendant is innocent until proven guilty with that idea. In simple situations, outcomes can work. If you intentionally cause someone to die, you're guilty of murder no matter how you manage to do that (but a chain of causation still needs to be proven, a rough correlation is patently arbitrary and unjust). But complex situations where causation is complicated require standards - proving someone intentionally killed someone in traffic would be hard if there were no traffic laws.