Comment Possible criminal negligence? (Score 2) 7
If a manufacturer knows that a system has a specific defect that makes it dangerous to use in certain contexts, it is usually obliged by law to report those circumstances. The license agreement is not necessarily considered legally binding or protective where there is a case of wilful neglect. Deliberate actions are not treated the same as lack of awareness or even negligence. But even negligence may be treated unsympathetically by the courts, no matter what customers sign up to.
Given that this defect could have left exposed critical infrastructure, banks, and businesses whose work is in the national interest, one might even be able to argue a case that this gave succour to hostile powers.
The most probable outcome is nothing happening. Companies are risk-averse and Microsoft has expensive lawyers. But a class action suit for wilful endangerment isn't wholly impossible, and I could see the DOJ investigating whether laws were broken, but only after the election.