| I don't think this has necessarily anything to do with engineering competence. From a business perspective, security isn't a marketable feature until it becomes a problem—you don't install safety belts, or airbags, or protection against malware until after people start suffering from their absence in a vehicle. Why? Because while you're busy building a well-secured system, your competitors are busy implementing new features that give them an actual advantage in the marketplace. As unfortunate as it might be, consumers tend to understand things like “remotely start your car with your phone” better than “your ability to brake won't be taken away from you while you're barrelling down the highway at 70 mph.” It's sad and more than a little scary, but it's also nothing really new. Computer security, at least in the consumer sector, wasn't really a feature until viruses started showing up in the Eighties, and Internet security wasn't really a feature until the average Windows user's PC was getting taken over remotely the moment it was connected to the Net. Even Apple has only been able to tout security and privacy as a feature in its products by juxtaposing it to Google's business model—had the latter not existed and its data grab become part of public discourse, I doubt that Cupertino would have been able to make so much noise about it. So, it's perfectly possible that every engineer and manager who worked on these systems is really quite competent and perfectly aware of the potential for security flaws (indeed, I doubt that they would have been able to make something so complex work otherwise), and still the sum of all the decisions made and market pressures applied caused the resulting product to be so vulnerable despite everyone's best intentions. It's not because people don't care or don't know, but rather because there are only so many resources available, and the market has pushed them all in a specific direction that happens to be away from security. But this is also why we need this kind of research. Now that these problems are out in the open, and politicians are starting to take notice, security will become a feature that the public will care about, and, hopefully, car manufacturers will start adopting (or be forced to adopt) better standards. |
Even if you disagree, preventing corporate liability is a component of competence in the law's opinion. That is, if the company is found liable, that's saying the employees responsible did something wrong, even if it's not holding them individually accountable.