Bryan H Choi, Crashworthy Code, 94 Washington Law Review 39 (2019). Software crashes all the time, and the law does little about it. But as Bryan H Choi notes in Crashworthy Code, ‘anticipation has been building that the rules for cyber-physical liability will be different’ (p 43). It is one thing for your laptop to eat the latest version of your article, and another for your self-driving lawn mower to run over your foot. The former might not trigger losses of the kind tort law cares about, but the latter seems pretty indistinguishable from physical accidents of yore. Whatever one may think of CDA 230 now, the bargain struck in this country to protect innovation and expression on the internet is by no means the right one for addressing physical harms. Robots may be special, but so are people’s limbs … (more)
[Margot Kaminski, JOTWELL, 3 October]
First posted 2019-10-03 11:44:13
Leave a Reply