Sony cyberattacks: Why Sony may not be able to distribute “The Interview”

Sony has recently been facing calls to release its controversial comedy “The Interview” following a massive cybersecurity breach of its computer systems. It seems that everyone, from technology journalists, business commentators, and even President Obama himself has tried to compel Sony to distribute the film. The clamor has intensified in the wake of Sony’s cancellation of the theatrical release, with some calling for its distribution through nontraditional means such as downloads and streaming services. Pundits argue that by releasing the film, Sony can even claim the moral high ground, defying the perpetrators and taking a clear stand for freedom of expression in film.

While the idea is not without merit, Sony may not even be able to legally release their own film. The hacking group perpetrating the attack, Guardians of Peace, have made it very clear that any distribution of the film would invite an attack. If Sony were to release or otherwise distribute the film, resulting in any kind of attack against viewers, Sony could be held legally liable for negligence in failing to take precautions against a foreseeable circumstance. Potentially, Sony’s insurers could discharge their obligation to defend against any resultant legal action, and Sony would be left dealing with any lawsuits on its own.

The legal concept can be distilled quite simply: When a bomb threat is made against a school, the credibility of the threat is irrelevant; the school is locked down and searched until it is deemed safe. If the school were crazy enough to carry on as usual and an attack were to occur, the school would be held responsible for not taking precautions.

The threats against Sony may not be empty, either. This is not some random 14-year-old girl making threats on Twitter. The perpetrators have already brought Sony’s computer infrastructure to its knees, and while the threat is decidedly outlandish, there is the slight chance that the hackers could follow through. All it takes is a single attack, however minor, for the perpetrators to fulfill their end of the threat.

Make no mistake, the film has instantly earned cult status for triggering a devastating cyberattack against a large multinational before it was even released. That makes it worth watching not necessarily because the film will be “The Great Dictator” of our generation, but because like many others, I am desperately curious to see if it really was worth the concerted effort needed to launch the cyberattack. (Whether the attack on Sony is merely a “test launch” of North Korea’s cyberwarfare capabilities is another issue altogether.)

I would love to be proven wrong and have the film see widespread release. But Sony is faced with an uncomfortable decision. They may not legally be able to distribute the film even if they wanted to. The leak of unvarnished, sometimes bitingly candid emails has robbed Sony of any pretense of privacy. But by being forthcoming with the circumstances, revealing why they chose not to release the film and how they are dealing with the crisis, Sony can counter any misinformation before it becomes gospel—for instance, allegations of being submissive to the attackers.

After all, with the amount of information already released, they have very little to lose.