Op-Ed: Ambiguous bill regulating software developers would lead to more lawsuit abuse

Louisiana’s HB190, recently enacted as a new provision in the state’s Civil Code, sounds innocuous on the surface: it requires software developers to exercise “reasonable care” when creating programs that deliver interactive or personalized user experiences based on user data. But peel back the layers, and this bill reveals itself as a poorly conceived gift to trial lawyers – one that threatens to stifle innovation, burden small businesses and startups, and turn Louisiana’s courts into a playground for frivolous litigation.

The legislation, which passed the House unanimously in under 30 seconds with virtually no debate, adds Civil Code Article 2317.2. It applies to any software – from AI recommendation engines and social media algorithms to mobile apps, personalized dashboards, research tools, and even civic platforms – that adapts to individual user information. The standard is vague: “reasonable care” in design, development, licensing, manufacture, and sale. Cruciall...