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by kasey_junk 3001 days ago
Is there any evidence that software engineers are protected in some way from criminal negligence cases?

The reality is that it is vanishingly rare for any engineer to face criminal charges for their professional actions. It doesn’t seem to me that software is held to much lower a standard.
1 comments
toomuchtodo 3001 days ago
Not protected, simply not pursued, although it’s usually outright fraud that is the target of most prosecutions.

Watching the SEC closely to see how many ICOs they prosecute. Also was helpful to see someone involved with their breech response who attempted to profit from non public material information prosecuted (although that’s tangential to the breach itself).

Someone relatively important is going to have to get burned before more software professionals are pursued for grossly negligent security failings.

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kasey_junk 3001 days ago
You misunderstand my point. Are there examples of other sorts of engineers being brought up on charges?

It only happens in the most egregious of negligence cases as it is and even then convictions are rare.

I'm saying your impression that software engineering is protected is wrong, because no engineers (to any normal approximate) are brought up on criminal charges.

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cbcoutinho 3000 days ago
Lawsuits are commonplace in civil/geotechnical engineering because faulty work has life and death consequences for the general public. To be a certified professional engineer and sign-off on design plans in California you need to pass an exam, after which could result in issues of liability. This law practice defends professionals that may be in a dispute [0]. Here's a breakdown of why engineers might get sued [1]. Here's a case where a company was held liable for damages associated with a construction project [2].

The title 'software engineer' without any notion of liability is an exercise in stroking ones ego.

[0] https://mylicenseattorney.com/california-board-for-professio...

[1] https://design.insureon.com/news/3-reasons-engineers-get-sue...

[2] http://caselaw.findlaw.com/ca-supreme-court/1671856.html

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kasey_junk 3000 days ago
He said “criminal” charges. That is a very high bar.

Software engineers can be held liable in civil suits, as can other engineers even if there is no professional accreditation body for their industry.

It is less common in software than civil engineering for a few reasons, one of which is that customers literally have no problem signing away their liability. No one would sign a contract from a bridge designer that said “this might fall over in a stiff breeze” but that happens all the time with software.

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