عنوان انگلیسی مقاله:
Cybersecurity in a post-data environment: Considerations on the regulation of code and the role of producer and consumer liability in smart devices
ترجمه فارسی عنوان مقاله:
امنیت سایبری در محیط پس از داده: ملاحظاتی در مورد تنظیم کد و نقش مسئولیت تولید کننده و مصرف کننده در دستگاه های هوشمند
Sciencedirect - Elsevier - Computer Law & Security Review: The International Journal of Technology Law and Practice, 40 (2021) 105529: doi:10:1016/j:clsr:2021:105529
Smart Devices ‘cross the streams’ of both the physical and virtual worlds and can benefit
their users greatly as well as society in general. However, with the growth in popularity of
these devices, there is a corresponding growth in risks, both to the user and to the internet
This paper outlines the scope of threats which are posed by the hacking of Smart Devices and how these risks can now be physical in nature. The paper then proposes a novel methodology to apportion liability to either the manufacturer or the user, where appropriate. This methodology is based on the principle of negligence, although consumer rights and products liability are also examined from both an American and European perspective.
Finally, legislative and judicial shortcomings in relation establishing liability are identified and remedies are proposed, with the intention of establishing a solid legal basis and treatment for cybersecurity.
Keywords: Cybersecurity | Negligence | Products liability | Consumer rights | Internet of things