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Cyber Security and Tortious Liability

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E-Commerce: An Introduction. Session 4: Consumer Privacy Teaching Fellows: Rita Lin Guest Panelists: Supplemental Material: "Memorandum on Privacy Audits and Privacy Policies," Michael Strapp, Harvard Law School. "Privacy Audit Checklist," Keith P. Enright, Esq. CONSUMER PRIVACY - TABLE OF CONTENTS I. I. Privacy is one of the most complex legal issues facing e-commerce ventures today. Some of this data is actively supplied by users. Our task in this section is to assess the liability risk of a site's information collection practices. [Back to top] II. Many e-commerce sites directly ask users for personal information through forms. Attorneys must be cognizant that some e-commerce clients may not always be aware of the extent to which their site collects data about its customers.

In our case study, the server software will almost certainly collect a great deal of information automatically. In addition to this information, our site does allow third-party advertisers to place cookies on users' hard drives. Cookies III. 1. NZLC - Report 50: Electronic Commerce - Part One - 4 The law of torts. You are here: NZLII >> Databases >> New Zealand Law Commission >> Report >> R50 >> 4 The law of torts [Database Search] [Name Search] [Previous] [Next] [Download] [Help] [T]he law of tort is the general law, out of which the parties can, if they wish, contract; and . . . the same assumption of responsibility may, and frequently does, occur in a contractual context. Approached as a matter of principle, therefore, it is right to attribute to that assumption of responsibility, together with its concomitant reliance, a tortious liability, and then to inquire whether or not that liability is excluded by the contract because the latter is inconsistent with it.

(Henderson v Merrett Syndicates Ltd [1995] 2 AC 145 (HL), per Lord Goff of Chieveley, 193) 138 THE LAW OF TORTS GOVERNS CIVIL RIGHTS AND DUTIES owed among various members of society. Unlike the law of contract (where obligations are consensual in nature), rights and duties in tort are imposed by law. Interference with goods. Rollo, Troy --- "Liability for spam through trespass to goods" [2001] PrivLawPRpr 37; (2001) 8(4) Privacy Law and Policy Reporter 77.

You are here: AustLII >> Databases >> Privacy Law and Policy Reporter >> 2001 >> [2001] PrivLawPRpr 37 Database Search | Name Search | Recent Articles | Noteup | LawCite | Help Rollo, Troy --- "Liability for spam through trespass to goods" [2001] PrivLawPRpr 37; (2001) 8(4) Privacy Law and Policy Reporter 77 Troy Rollo Spam is perhaps the single largest issue affecting privacy on the internet. The problem of email spam first arose in earnest in 1995 and 1996, with exponential growth patterns since then. Legal development of this issue has been twofold: statutes have been passed in several European and US jurisdictions,[1] and actions using the tort of trespass to chattels — also known as ‘trespass to goods’ — have been prosecuted in the US. To begin, we need to define spam. Trespass to goods as used to date The use of the action in trespass to goods is interesting due to its potential applicability to all common law jurisdictions.

The question of permission was easily dealt with. English court confirms existence of privacy tort. Here is an interesting development in privacy law. The High Court of England and Wales has confirmed the existence of a new Tort, the tort of misuse of private information. In the case of Vidal-Hall & Ors v Google Inc [2014] EWHC 13 (QB), a group of users have sued Google alleging that the search engine giant “has misused their private information, and acted in breach of confidence, and/or in breach of the statutory duties under the Data Protection Act 1998″ by tracking and collating without their consent information relating to their Internet usage. Google responded that the English court has no jurisdiction to try these claims and applied for an order declaring such a fact. Tugendhat J was tasked with answering whether Google Inc can be the subject of litigation in English courts.

The Civil Procedure Rules (CPR) allow for an injunction to be served in another jurisdiction if: I wonder if this gives us the scope to now sue GCHQ? Britons should be able to sue Google for privacy breaches, court hears. Civil litigation: A better way to improve cybersecurity? A precedent-setting case in the world of electronic banking points to a better method for securing the nation's critical infrastructure from cyberattack, according to a former Department of Homeland Security (DHS) official. Paul Rosenzweig, former assistant secretary for policy at DHS and founder of Red Branch Law & Consulting, said the recent settlement in Patco Construction v. People's United Bank shows how civil litigation can force banks to improve their online security practices. And if that can happen in the financial industry, it can also happen with a critical infrastructure operator, he said, and be more effective than federal cybersecurity legislation or regulation.

"In the long run, a civil tort/contract liability system will develop that will work more effectively and flexibly -- imposing costs on those who stint their cybersecurity efforts in an unreasonable manner," Rosenzweig wrote in a recent post on Lawfare. The First Circuit U.S. Not everyone is convinced of that. Nationwide/Allied security breach highlights litigation fears. An insurance company data breach that exposed 1.1 million people to identity fraud exemplifies the kind of cybercrime that companies increasingly fear will land them in civil court. The Nationwide Mutual Insurance went public on Wednesday with notification of an Oct. 3 break-in of a computer network also used by Allied Insurance. Data stolen from the insurers included names, Social Security numbers, driver's license numbers and birth dates.

Such cybercrimes have become the No. 1 worry of publicly traded U.S. companies, in terms of potential litigation and financial losses, according to a recent survey of the Chubb Group. Fully, 63 percent of the respondents said they were most concerned with losing customer or employee data through an electronic security breach. Their worries are justified. In 2011, the typical data breach resulted in $5.5 million in organizational costs, said the Ponemon Institute.

[See related: Civil litigation: A better way to improve cybersecurity?] 20_04_03. Civil Liability on the Internet. By Jay C. Carle and Henry H. Perritt Jr. The Internet revolution has taken a central role in American society. The Internet is a shopping mall, community center, bank, insurance broker, grocery store, news source, and a way to handle myriad day-to-day chores such as renewing your driver’s license. Although the Internet is an exciting new forum for informational and commercial exchange, it is also an instrument of many civil wrongs, appropriately termed “cyber-torts.” Cybertort harm includes financial injuries, reputational damage, theft of trade secrets, and invasions of privacy. The information industry is insulated from accountability for this harm, much as the railroads, canals, utilities, and factory industries of nineteenth-century America were shielded from liability. According to the Internet Crime Complaint Center, consumers in 2004 submitted more than 207,000 complaints, marking a 66 percent increase over 2003 (

Duty of Care Injury.