Data Breaches
Resolution
Companies should be held liable for damages incurred from data breaches
if there was a known vulnerability in the software used by the company
that led to the breach.
The debate will be “Oxford Style” and follow this format.
Resources
Here are some resources and questions to help guide and nuance the
debate:
Questions
- How long has the vulnerability been public knowledge? How long has
the patch been available?
- Does the company in question own the compromised software? Is it
maintained by a different company? Is it open-source?
- How much did the company know about the vulnerability? Did they know about
the vulnerability but not the exploit? Did they know about the exploit but
not the attach vector?
- How to consider the fact that tens of vulnerabilities are being disclosed
every hour? Does this create incentives for companies to now know about
vulnerabilities?
- What about smaller companies who have fewer resources? Should they be held
to the same standard as larger companies?
Readings