Incentivizing Secure Software Development: The Role of Voluntary Audit and Liability Waiver

Misaligned incentives in secure software development have long been a challenge in security economics. Product liability, a powerful legal framework in other industries, has been largely ineffective for software products until recent times. However, the rapid regulatory responses to recent global cyber attacks by both the US and EU, together with the (relative) success of the General Data Protection Regulation in defining both duty and standard of care for software vendors, may enable regulators to use liability to re-align incentives for the benefit of the digital society. The United States National Cybersecurity Strategy suggests shifting responsibility for cyber incidents back to software vendors and proposes the concept of the liability waiver: if a software company voluntarily undergoes and passes an IT security audit, its future product liability is (fully or partially) waived. This article examines this audit-liability framework from both vendor and auditor perspectives. For vendors, we model the decision process as a sequential problem: a vendor must pass an audit to release a product and can attempt the audit multiple times. We show that the optimal strategy for an opt-in vendor is to never quit and to exert cumulative investments in either a “one-and-done” or “incremental” manner. For auditors, we explore how to design audits that encourage voluntary participation while maximizing vendor effort. We further investigate dynamic audit designs that can amplify vendors’ cumulative investments in security. Our findings provide insights into how liability waivers and audit strategies can re-align incentives, fostering a more secure digital ecosystem.

Authors

Institutions

Publication Details

Journal
ACM Transactions on Privacy and Security
Published
2025-08-30
DOI
https://doi.org/10.1145/3765287
Primary Topic
Information and Cyber Security
Type
article
Field-Weighted Citation Impact
0.00

Funders

Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Incentivizing Secure Software Development: The Role of Voluntary Audit and Liability Waiver

Gergely Biczók, Ziyuan Huang, Mingyan Liu
ACM Transactions on Privacy and Security
Information and Cyber Security
article

Incentivizing Secure Software Development: The Role of Voluntary Audit and Liability Waiver

Gergely Biczók, Ziyuan Huang, Mingyan Liu
article en

Abstract

Misaligned incentives in secure software development have long been a challenge in security economics. Product liability, a powerful legal framework in other industries, has been largely ineffective for software products until recent times. However, the rapid regulatory responses to recent global cyber attacks by both the US and EU, together with the (relative) success of the General Data Protection Regulation in defining both duty and standard of care for software vendors, may enable regulators to use liability to re-align incentives for the benefit of the digital society. The United States National Cybersecurity Strategy suggests shifting responsibility for cyber incidents back to software vendors and proposes the concept of the liability waiver: if a software company voluntarily undergoes and passes an IT security audit, its future product liability is (fully or partially) waived. This article examines this audit-liability framework from both vendor and auditor perspectives. For vendors, we model the decision process as a sequential problem: a vendor must pass an audit to release a product and can attempt the audit multiple times. We show that the optimal strategy for an opt-in vendor is to never quit and to exert cumulative investments in either a “one-and-done” or “incremental” manner. For auditors, we explore how to design audits that encourage voluntary participation while maximizing vendor effort. We further investigate dynamic audit designs that can amplify vendors’ cumulative investments in security. Our findings provide insights into how liability waivers and audit strategies can re-align incentives, fostering a more secure digital ecosystem.

ACM Transactions on Privacy and SecurityVol. 28(4)
University of Michigan (US), Budapest University of Technology and Economics (HU), State Key Laboratory of Cryptology (CN)
National Science Foundation, Army Research Office
Openalex Percentile: Top 66%
Information and Cyber Security
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.