Apple and the (unrequired) Safety by Design

An individual is ultimately  responsible for the use of a technology. This is, in a few words, the conclusion of a  decision issued by the 6th Appelate District of the California Court of Appeal.

The merit of the controversy was a legal action taken by the victims of a car accident against Apple accused – said the plaintiff – of infringing a duty of care in the designing FaceTime so that it didn’t stop working when users drive a car, thus distracting the driver a causing the accident.

In rejecting the claim, the Court  found that not preventing the use of FaceTime while driving neither is matter of duty of care does nor constitute a proximate cause of injuries suffered in a car crash. Continue reading “Apple and the (unrequired) Safety by Design”

Volkswagen’s Dieselgate and The Danger of Closed Source Intellectual Property

The not uncommon practice in the ICT/Mobile business of “doctoring”products to look good on benchmarks has find its way into the automotive (and God knows into how many others) business.

Volkswagen, though, isn’t the only to blame because, true, they cheated, but no public supervising authority ever glimpsed at the software ran by its vehicles, only focusing on “hardware” tests. And – I guess – even if the controllers would have thought of examining the software, they would have been prevented to do so by “the need of protecting Intellectual Property” that – as the “National Security Excuse” – is a buzzphrase to stop any further investigation on controversial matters.

Volkswagen’s Dieselgate shows once more that (a certain way to think of) Intellectual Property – as well of Privacy – has neatly changed its role from being a tool to protect legitimate interests into a shield for wrongdoings.

Were the Volkswagen software released under an open source licensing model, the fear of being exposed would have forced the company to play by the book and would have allowed a true and thorough check by the competent authorities, avoiding a major damage for the industry, investors, employees and citizens.

 

Hacking Team: A Class Action Against Adobe?

After the Hacking Team scandal, everybody and his cousin is calling for a “death sentence” against Adobe Flash, accused of being the “vessel” that allowed Hacking Team’s malware to land on users’ PC and smartphones.

A logical consequence of this  vulnerability and its exploiting by several malwares, including those made by Hacking Team, would be a class-action against Adobe that, as a matter of fact, released a “bugged-by-design” application.

But this is not going to happens against Adobe, as against the other (big or small) fishes of the software pond. We are much too “programmed” to accept a software fault as an act of God instead of either a mistake or a deliberate marketing choice.

Will things change after the Hacking Team scandal? I don’t think so, thus get ready for the next viral infection, information theft or denial of service: is just business as usual.

Stop Apple and Google To Take Over Our Cars

Google just announced its “Android Auto” platform, while Apple already did  it with Carplay. Both platforms require an Internet connection and, it is just matter of time, will become more and more deeply interconnected with the car control system.

But software do fail. It fails because there’s no such thing as a bug-free software, it fails because people do mistakes, it fails because the software house’s roadmap not necessarily matches the final users’ safety.

And I don’t care about the usual PR stunts such as “as soon as we discovered the bug we did our best to fix it the fastest way” or “since the xyz library is licensed and proprietary we can’t keep responsibility for the way the software behave” or, finally, “if you just read the EULA you will find that it is clearly stated that we don’t take any responsibility for blah, blah, blah…”

This is a price we cannot afford to pay.

The Datagate and the Risk of Outlawing Encryption

A side-effect generated by the Datagate scandal is the privacy hysteria exploitation to sell encryption-based services. Taking apart some obvious exceptions (business transactions, health information, judiciary data) these services are useless, ineffective and dangerous for the citizen an such and for the society. Continue reading “The Datagate and the Risk of Outlawing Encryption”