Liability in the Digital Ecosystem: A Conversation on Biden's New National Cybersecurity Strategy

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In the past several months, President Biden released a new national cybersecurity strategy. As part of that strategy, the Administration says that it will seek to “Shape Market Forces to Drive Security and Resilience – We will place responsibility on those within our digital ecosystem that are best positioned to reduce risk and shift the consequences of poor cybersecurity away from the most vulnerable in order to make our digital ecosystem more trustworthy, including by: . . . Shifting liability for software products and services to promote secure development practices.”  

The concept of software liability has been the subject of much debate since it was first suggested more than a decade ago. With the new national strategy that debate becomes much more salient. In this webinar, cybersecurity experts will debate both sides of the question.


  • Prof. Paul Rosenzweig, Professorial Lecturer in Law, The George Washington University
  • Prof. Jamil N. Jaffer, Founder and Executive Director of the National Security Institute, Antonin Scalia Law School, George Mason University
  • [Moderator] Robert Strayer, Executive Vice President of Policy, Information Technology Industry Council



As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.