Re:The privacy wars are about to get a whole lot worse
by ahartman00 on Wednesday September 07, 2016 @08:51PM
(#12449356)
Very true, but courts arent known for being up to date with tech.
Re:The privacy wars are about to get a whole lot worse
by josephg on Wednesday September 07, 2016 @10:51PM
(#12449921)
Courts aren't up to date on medicine either, but they manage to preside over malpractice cases somehow. I'm sure if technical malpractice graced their courtrooms regularly they would manage somehow. Probably by relying on expert witnesses and learn the bits and pieces of jargon they need to know.
This isn't an insoluble issue: courts deal with similar decisions in car crashes, medical malpractice, and many other scenarios.
A plaintiff could argue that the respondent should have been aware of certain vulnerabilities because they were widely disseminated, or that certain practices are explicitly warned against in common training materials. Respondents might counter by arguing that they test for that type of vulnerability using a widely-accepted tool, but it failed to flag this one issue, or something like that.
I agree that it can't be a purely algorithmic process, but almost nothing in a courtroom is.