I see two issues with this proposal to make "data aggregators" liable and absolve software vendors from primary liability;
At first, it doesn't solve the problem of "home computer botnets";
Secondly, what are the chances to get the biggest data aggregator, the government, liable (and more important, convicted)?
Security experts know that Microsoft is the biggest source of security problems. This is partly due to Microsoft's market share and partly due to the fact that Microsoft's security standards lagging those of the general Operating System market. In my opinion Microsoft sells dangerously defective software.
Why should computers and computer software be exempt from basic consumer protection laws and be safe to use? Individual consumers lack the power to chance MS-EULAs, but a government can (partially) void them.
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