"We can't Allow IoT Vendors to Pass off all Such Liability to the Consumer": Investigating the U.S. Legal Perspectives on Liability for IoT Product Security
Prianka Mandal, Amit Seal Ami, Iria Giuffrida, Daniel Shin, Ella Sullivan, Adwait Nadkarni
Abstract
As the regulatory landscape for the Internet of Things (IoT) evolves, vendors are moving towards certifying their products for security. Thus, we need to understand who is liable when certification failures result in harm, i.e., when certified products have vulnerabilities that are exploited to cause harm to users. This paper addresses the fundamental and timely question that has significant implications for vulnerability detection in certified products: who is liable for harm resulting from vulnerabilities in certified products, and who should be so liable? Through a qualitative analysis of contractual documents from 20 IoT vendors, this paper investigates how liability is currently defined in vendor-user contractual terms. This analysis then incorporates an expert survey of 18 legal professionals to examine their perspectives on liability within this context. Our analysis leads to 14 key findings (F1- F14) that show how vendors exclude liability to the maximum extent with (sometimes unlawful) exclusions, and how the perspectives of legal experts lie in stark contrast to what we observe in contracts (which are drafted by lawyers). We distill our findings into three key themes that call for a robust and clear liability framework, creating an incentive for IoT vendors to ensure that their IoT products meet proper security and privacy standards.
Ask about this paper
Your agent reads all of it.
Lune indexed this paper to the last equation, along with the top-tier papers that cite it. Ask a question and the answer quotes them.
Your agent calls
Luneget_paper_fulltext
Free to start. No credit card required.
Terminal
Install the CLIlune papers fulltext 610a59e6-5955-4ef6-8fa0-258c6fd65a44Builds on16
- Ask the Experts: What Should Be on an IoT Privacy and Security Label?Pardis Emami Naeini, Yuvraj Agarwal, Lorrie Faith Cranor, Hanan HibshiS&P 2020 · 195 citations
- All Things Considered: An Analysis of IoT Devices on Home NetworksDeepak Kumar, Kelly Shen, Benton Case, Deepali Garg et al.USENIX Security 2019 · 189 citations
- Discovering and Understanding the Security Hazards in the Interactions between IoT Devices, Mobile Apps, and Clouds on Smart Home PlatformsWei Zhou, Yan Jia, Yao Yao, Lipeng Zhu et al.USENIX Security 2019 · 160 citations
- Which Privacy and Security Attributes Most Impact Consumers' Risk Perception and Willingness to Purchase IoT Devices?Pardis Emami Naeini, Janarth Dheenadhayalan, Yuvraj Agarwal, Lorrie Faith CranorS&P 2021 · 80 citations
- Looking from the Mirror: Evaluating IoT Device Security through Mobile Companion AppsXueqiang Wang, Yuqiong Sun, Susanta Nanda, XiaoFeng WangUSENIX Security 2019 · 65 citations
Related papers
- "We can't Change it Overnight": Understanding Industry Perspectives on IoT Product Security Compliance and CertificationPrianka Mandal, Adwait NadkarniS&P 2025
- "Belt and suspenders" or "just red tape"?: Investigating Early Artifacts and User Perceptions of IoT App Security CertificationPrianka Mandal, Amit Seal Ami, Victor Olaiya, Sayyed Hadi Razmjo et al.USENIX Security 2024 · 4 citations
- Measuring Up to (Reasonable) Consumer Expectations: Providing an Empirical Basis for Holding IoT Manufacturers Legally ResponsibleLorenz Kustosch, Carlos Gañán, Mattis van 't Schip, Michel van Eeten et al.USENIX Security 2023
- Patchy Performance? Uncovering the Vulnerability Management Practices of IoT-Centric VendorsSandra Rivera Pérez, Michel van Eeten, Carlos Hernandez GañánS&P 2024 · 3 citations
- Security in the Air: Understanding IoT Vendor Practices and the Economics of Over-the-Air UpdatesHuancheng Hu, Christian DoerrUSENIX Security 2026
