From Breach to Environmental Hazard: How Regulators Will Quantify Software Supply-Chain Harm—and Why the Current Liability Model Cannot Survive It
Year: 2026
Type: article
Abstract: The current liability model for software supply-chain compromise treats breaches as discrete events producing measurable, attributable harm. Regulatory frameworks emerging from the EU Cyber Resilience Act, NIS2, and the SEC’s SolarWinds enforcement are converging on a fundamentally different model: breaches as environmental hazards requiring actuarial quantification, pooled compensation, and strict platform liability. This paper defines the three-layer regulatory quantification model—Exposure Surface, Propagation Potential, and Expected Downstream Harm—and argues that platforms occupying critical infrastructure roles in the software ecosystem face a liability trajectory that the current ‘pay the fine’ model cannot survive. The paper further proposes five mechanisms for a next-generation ecosystem compensation architecture: Ecosystem Risk Pools, Automatic Exposure Credits, Actuarialized Dependency Risk, Mandatory Incident-Impact Funds, and Platform-Level Strict Liability for supply-chain contamination.
Author: Truong, Narnaiezzsshaa
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7162444568
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