Bonum Certa Men Certa

Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs

posted by Roy Schestowitz on Nov 24, 2024

Protected: Beyond modernization: The cloud is a secure platform for mission innovation

A couple of days a site sponsored by Microsoft asked: "How should software producers be held accountable for shoddy cybersecurity products?"

To quote the summary: "Richard Beutel, a senior researcher for the Baroni Center for Government Contracting [founded in 2019], explains the concerns about a new White House cyber proposal."

Beutel is a GAFAM lobbyist. To quote the Bezos-owned media:

But the recent SEC filing did warn that the company faces risks related to “government contracts and related procurement regulations.” And last year, the company also retained the lobbying services of Richard Beutel, who previously served a senior staffer for the House Committee on Oversight and Government Reform and was the original author of the last major law reforming federal IT policy. Beutel left the government in January of 2015. By April, his new firm was registered to lobbying on behalf of Amazon Web Services -- engaging “with policymakers regarding cloud acquisition and deployment," according to one disclosure.

Bringing in people who have deep ties to the government contracting process like Beutel shows that Amazon's efforts to woo the government are maturing. But Leong said they're still playing catch up with their major competition in the cloud IT space, Microsoft, who has a longer history in government contracting.

So now Beutel is an "expert" in liability? He's shilling proprietary software.

This is yet another way Microsofters (proponents of secret back doors) have been trying to ban or exclude Free software.

Dan Geer wrote about the subject just over a decade ago, with a plain text publication in his site. Here's section 3: ("Source code liability -- CHOICE [...]")

3. Source code liability -- CHOICE

Nat Howard said that "Security will always be exactly as bad as it can possibly be while allowing everything to still function,"[NH] but with each passing day, that "and still function" clause requires a higher standard. As Ken Thompson told us in his Turing Award lecture, there is no technical escape;[KT] in strict mathematical terms you neither trust a program nor a house unless you created it 100% yourself, but in reality most of us will trust a house built by a suitably skilled professional, usually we will trust it more than one we had built ourselves, and this even if we have never met the builder, or even if he is long since dead.
The reason for this trust is that shoddy building work has had that crucial "or else ..." clause for more than 3700 years:
If a builder builds a house for someone, and does not construct it properly, and the house which he built falls in and kills its owner, then the builder shall be put to death. -- Code of Hammurabi, approx 1750 B.C.
Today the relevant legal concept is "product liability" and the fundamental formula is "If you make money selling something, then you better do it well, or you will be held responsible for the trouble it causes." For better or poorer, the only two products not covered by product liability today are religion and software, and software should not escape for much longer. Poul-Henning Kamp and I have a strawman proposal for how software liability regulation could be structured.
....................... 0. Consult criminal code to see if damage caused was due to intent or willfulness. .......................
We are only trying to assign liability for unintentionally caused damage, whether that's sloppy coding, insufficient testing, cost cutting, incomplete documentation, or just plain incompetence. Clause zero moves any kind of intentionally inflicted damage out of scope. That is for your criminal code to deal with, and most already do.
....................... 1. If you deliver your software with complete and buildable source code and a license that allows disabling any functionality or code the licensee decides, your liability is limited to a refund. .......................
Clause one is how to avoid liability: Make it possible for your users to inspect and chop out any and all bits of your software they do not trust or want to run. That includes a bill of materials ("Library ABC comes from XYZ") so that trust has some basis, paralleling why there are ingredient lists on processed foods.
The word "disabling" is chosen very carefully: You do not need to give permission to change or modify how the program works, only to disable the parts of it that the licensee does not want or trust. Liability is limited even if the licensee never actually looks at the source code; as long has he has received it, you (as maker) are off the hook. All your other copyrights are still yours to control, and your license can contain any language and restriction you care for, leaving the situation unchanged with respect to hardware-locking, confidentiality, secrets, software piracy, magic numbers, etc.
Free and Open Source Software (FOSS) is obviously covered by this clause which leaves its situation unchanged.
....................... 2. In any other case, you are liable for whatever damage your software causes when it is used normally. .......................
If you do not want to accept the information sharing in Clause 1, you fall under Clause 2, and must live with normal product liability, just like manufactures of cars, blenders, chain-saws and hot coffee.
How dire the consequences, and what constitutes "used normally" is for your legislature and courts to decide, but let us put up a strawman example:
A sales-person from one of your long time vendors visits and delivers new product documentation on a USB key, you plug the USB key into your computer and copy the files onto the computer.
This is "used normally" and it should never cause your computer to become part of a botnet, transmit your credit card number to Elbonia, or copy all your design documents to the vendor. If it does, your computer's operating system is defective.
The majority of today's commercial software would fall under Clause 2 and software houses need a reasonable chance to clean up their act or to move under Clause 1, so a sunrise period is required. But no longer than five years -- we are trying to solve a dire computer security problem here.
And that is it really: Either software houses deliver quality and back it up with product liability, or they will have to let their users protect themselves. The current situation -- users can't see whether they need to protect themselves and have no recourse to being unprotected -- cannot go on. We prefer self-protection (and fast recovery), but other's mileage may differ.
Would it work? In the long run, absolutely yes. In the short run, it is pretty certain that there will be some nasty surprises as badly constructed source code gets a wider airing. The FOSS community will, in parallel, have to be clear about the level of care they have taken, and their build environments as well as their source code will have to be kept available indefinitely.
The software houses will yell bloody murder the minute legislation like this is introduced, and any pundit and lobbyist they can afford will spew their dire predictions that "This law will mean the end of computing as we know it!"
To which our considered answer will be:
Yes, please! That was exactly the idea.

"The full section 3 should be read," an associate said, as it's highly relevant to the proposal made by the Microsoft-sponsored site. "Compare and contrast," he said.

The media owned by GAFAM is a megaphone of GAFAM. It's a profound problem. The oligarchs control the narratives. They also control the Linux Foundation, which despite devoting a mere 2% of its budget to Linux viciously culls Linux developers.

Other Recent Techrights' Posts

What We Said About Red Hat's Fate Under IBM Turned Out to be Right on the Money (That IBM Lacks)
There are no layoffs at IBM
At Clacton by-election Hustings Event Daniel Pocock Says "Social [Control] Media Has Contributed to Some of the Anti Social Behaviour."
No doubt many problems in society are caused or at least amplified/accentuated by this horrible phenomenon
Over at Tux Machines...
GNU/Linux news for the past day
Start of September 2026 'Voluntary' Mass Layoffs at IBM, Start of October Red Hat Employees Forced Into the 'Bloodbath' (After Collapse of IBM's Shares)
Red Hat is in trouble
A Data Centres Hub Puts Everyone at Risk, Especially People Who Live Near Them at Times of War/s
Spoiler: Datacentres are military targets, they attract missiles, some with nuclear warheads
GAFAM Mass Layoffs and Mountains (Trillions of Dollars in 'Secret' or 'Off-the-Ledger') Debt
GAFAM is having layoffs this month
 
Links 07/08/2026: "BMW Is Showing Commercials On Their Car's Dash Screens And They Want You To Think It's A Treat", Software Patents on Drones
Links for the day
IRC Networks Show No Signs of Going Away, IRC Enters Its 39th Year
That IRC daemons are still actively developed and patched in summer of 2026 (over 38 years after IRC was born) says a lot about IRC's importance
Social [Control] Media Needs to Die
I am a bit shocked to recall that I wasted a lot of time on it
Some Malware is Legal Because It's Made and Distributed by Politically-Connected GAFAM
In reality, the security non-experts 'championed' (and salaried) by GAFAM are anti-security people who advocate back doors
The GNU/Linux Anniversary is Next Month, Not This Month
It'll turn 43
IBM Insiders Explain Why IBM is in Very Serious Trouble
Will IBM last long enough for any "quantum" deliverables to become a reality?
The Register MS Took Money From Broadcom to Publish Fake 'News' With "AI" Mentioned 35 Times
not legitimate or authentic journalism.
GNU/Linux Approaching 20% in Georgia (the Country)
Usage of GNU/Linux was near 0%, as measured by statCounter, several years ago
IRC Proceedings: Thursday, August 06, 2026
IRC logs for Thursday, August 06, 2026
Gemini Links 07/08/2026: Radio Amateurism, Summer Updates, and Programming "Taste"
Links for the day
Links 06/08/2026: Billboard Chart Contaminated by Slop Plagiarists, Sheinbaum Blasts Social Control Media
Links for the day
A Long Break and What's Coming Next Year
Some time next year we definitely plan to show how the EFF failed women, failed bloggers, and basically prioritised GAFAM
Daniel Pocock on a "metre-long ballot paper"
The Debian "cult" (as he calls them collectively) is simply jealous of him
Links 06/08/2026: Disney and Fentanylware (TikTok) Deal, "Hearing Aids Shenanigans"
Links for the day
IBM Mass Layoffs Began Yesterday, They're Sold as "Voluntary", the "Offer" Runs for Two Weeks (Last Day August 19th 2026)
IBM will self-detonate while using contractual agreements to force people to smile
Many GNU/Linux PCs Are Not Connected to the Net or Don't Use the Web
Saying GNU/Linux user-agents are just "bots" (Microsoft Lunduke and other Microsofters say this) is like asserting that the Twin Towers fell not because of two giant planes but because of explosives
They Call Occupations "Professions" Because the "Pro" Means Something
If you want to find tech news online
New Conference Paper (Science of Cyber Security) Credits RMS With Delaying Passwords
When it comes to passwords, RMS was "right"
Removing Gender Barriers in Computer Science
It is not that "women aren't good at maths"
In Brunei, GNU/Linux Approaches International Average of 8.5%
a sharp rise from 0% to about 7.5% happened in a few years
15% of IBM Staff Marked for Layoffs ("RAs"), the Workers' Objective is to Find Another Employer and Leave
"That's not a workforce, that's a waiting room."
Maintenance to be Completed Tonight (IPv6)
Notice how, after 25+ years, we're still not fully adopting IPv6, we're only about 50% there
August 2026 Microsoft Layoffs Confirmed by Staff This Week
It's hard to assess how many are impacted but signed an NDA, preventing them from speaking about what really happened
analytics.usa.gov Says 7% of Sessions Come From GNU/Linux and ChromeOS. If ~40% (Mobile) Get Omitted, It's More Like 11%.
In desktops and in laptops GNU/Linux has become a big player
IBM Cannot Survive for Much Longer, There Are Limits to RAs and Offshoring, IBM Now Asks Workers to Quit
IBM is in very serious trouble
SLAPP Censorship - Part 141 Out of 200: Brett Wilson LLP Failed to Learn From the Mistakes of the European Patent Office (EPO)
my solicitor, David Allen Green, put them in their place
Texts of the Claims From Balabhadra (Alex) Graveley and Matthew J. Garrett Almost Identical, I am Suing for Abuse of Process
Half a decade ago Balabhadra (Alex) Graveley from Microsoft and GNOME was arrested for strangulation in Texas
Gemini Links 06/08/2026: "Eat That Frog", Mutt Terminal Email Guide, and BASICODE
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 05, 2026
IRC logs for Wednesday, August 05, 2026
Big Announcement Tomorrow
Stay tuned...
GNU/Linux Seen Exceeding 10% in Antigua and Barbuda
In Antigua And Barbuda, what's seen this month is not far from the average
Gemini Links 05/08/2026: Family Room, Smoke, and Alarm clocks
Links for the day
The Establishment, Oxford, Google & Debian artificial intelligence conspiracies
Reprinted with permission from Daniel Pocock
SLAPP Censorship - Part 140 Out of 200: You Become What You Eat, Your Clients Become You
In 2024 Brett Wilson LLP failed to heed a decade-old warning
Debian losses in Switzerland hidden until after DPL election debate
Reprinted with permission from Daniel Pocock
Links 05/08/2026: Microsoft's (XBox's) "Devastating July" and "Never Write With" Slop, Says New York Times
Links for the day
Gemini Links 05/08/2026: No to Slop, Dangers of Clown Computing, and Reducing Internet Usage
Links for the day
The Register MS Takes Money From NVIDIA and HP to Promote Their Ponzi Scheme, "AI", in a Fake 'Article' That Says "AI" 42 Times
"The media"... selling us scams for profit
Fertility app privacy, Britain's teenage pregnancies & faith based schooling
Reprinted with permission from Daniel Pocock
In Chile, GNU/Linux Approaches 4%
Let's see if it can exceed 5% by year's end
No Room for Misogyny and Incels in Free Software
How can we ever trust men whose own family and their own partners cannot trust?
How to Dehumanise a Triple National
Don't be easily incited against those who sacrifice a lot to inform the public of suppressed topics
In El Salvador, ChromeOS and GNU/Linux Now Measured at Around 12%
signs of gradual and steady adoption of GNU/Linux
Software in the Public Interest (SPI) Starts Spending Big Money in an Effort to Resist Lawsuit From Daniel Pocock
They've lost over half a million dollars in the latest 3 years
The Establishment, Cambridge, Steve McIntyre & Debian suicide cluster
Reprinted with permission from Daniel Pocock
Links 05/08/2026: Internet Archive Harmed by Slop Bot, "EBay And Former Execs Agree to Pay $56 Million For Trying to ‘Crush’ a Journalist"
Links for the day
Luxembourg and Software Freedom
Luxembourg's adoption of GNU/Linux has quite consistently been higher than the European average
The Free Software Foundation (FSF) Web Site is Online, GNU's Site Having Issues (Ongoing Issues)
We hope they can rectify the issues with the GNU Web site
Freedom Includes the Liberty to Disagree (and be Listened to, Not Censored)
Freedom is our collective strength
Tanzania: GNU/Linux Now Seen on 8% on Desktops/Laptops (User Clients)
numbers have more than doubled
IBM CEO Says IBM Won't be Bankrupt by 2028 or 2029 (When He Reaches Retirement Age)
IBM has no path to survival
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 04, 2026
IRC logs for Tuesday, August 04, 2026
Gemini Links 05/08/2026: Being Good, Tildeverse and Tilde.pink, Games
Links for the day