Cybersecurity in a post-data environment: Considerations on the regulation of code and the role of producer and consumer liability in smart devices

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 at large.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.