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The general rule in tort is that you need physical injury or physical destruction of property to sustain a lawsuit. There's exceptions at the edges of that, but you basically can't sue a device manufacturer for crummy security that caused you to lose money or other non-physical damages like reputational harm. The same limitation does not apply to contract law. We think that a cybersecurity label could be enforceable under contract law, as well as help bolster claims that a duty was breached in tort (when there is physical injury/damage). It would also be subject to FCC enforcement, for failing to live up to the commitments made to get the label.


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