The article argues that recent executive overreach and politicization have severely undermined established norms of U.S. civil-military relations. To restore professional standards, the incoming Congress must actively exercise its oversight powers, moving beyond mere criticism to demanding transparency in defense policy and personnel decisions. Key reforms include enforcing meritocratic promotion processes, requiring documented justification for senior officer removals, and preventing the partisan use of the military. These actions are crucial for bolstering public trust and ensuring the military remains a nonpartisan instrument of civilian control.
The End of “As-Is”: Could AI Undermine Software’s U.S. Legal Shield?
English Summary
AI advancements are fundamentally undermining the legal immunity that software companies rely upon through 'as-is' disclaimers. The core argument is that AI has drastically lowered the cost and increased the reliability of identifying complex vulnerabilities, thereby invalidating historical justifications—such as infinite complexity or prohibitive testing costs—used to shield vendors from strict liability. Policy must shift focus from demanding perfect code to mandating reasonable secure development processes. Strategically, policymakers should codify protections for companies that adhere to recognized frameworks (like NIST SSDF) while targeting legal exposure at willful negligence or gross inaction, particularly when software is deployed in critical infrastructure.
中文摘要
人工智慧的進展正在從根本上削弱軟體公司依賴「按現狀」（as-is）免責聲明的法律豁免權。核心論點是，AI極大地降低了識別複雜漏洞的成本並提高了可靠性，從而使過去用來保護供應商免於嚴格責任（strict liability）的理由——例如無限的複雜性或過高的測試成本——變得無效。政策必須將重點從要求「完美代碼」轉移到強制執行合理的安全開發流程。戰略上，政策制定者應著手立法，為遵守公認框架（如NIST SSDF）的公司提供保護，同時將法律責任追究的目標鎖定在故意疏忽或重大不作為上，特別是當軟體部署於關鍵基礎設施時。
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