If the class action goes forward there will be a legal examination of whether a security flaw that allows remote tampering is a safety defect or not (of course it is, but I mean in the context of liability).
I'm pointing out that shipping imperfect software has not yet been determined to be negligence.
I pretty much expect that automakers will quickly start shipping systems with effective segregation (the cost pretty clearly doesn't outweigh the PR downside), so the interesting question really is whether the cars on the road today represent negligence or not.
It will be interesting to watch the ongoing situation with Chrysler:
http://www.wired.com/2015/08/chrysler-harman-hit-class-actio...
If the class action goes forward there will be a legal examination of whether a security flaw that allows remote tampering is a safety defect or not (of course it is, but I mean in the context of liability).