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Cyber Security and Tortious Liability

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Cookies must be enabled. 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.

E-Commerce: An Introduction

"Privacy Audit Checklist," Keith P. I. I. Privacy is one of the most complex legal issues facing e-commerce ventures today. 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.

NZLC - Report 50: Electronic Commerce - Part One - 4 The law of torts

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. "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.

"Liability for spam through trespass to goods" [2001] PrivLawPRpr 37; (2001) 8(4) Privacy Law and Policy Reporter 77

The problem of email spam first arose in earnest in 1995 and 1996, with exponential growth patterns since then. English court confirms existence of privacy tort. Here is an interesting development in privacy law.

English court confirms existence of privacy tort

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.

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.

Civil litigation: A better way to improve cybersecurity?

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. 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.

Nationwide/Allied security breach highlights litigation fears

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. 20_04_03. Civil Liability on the Internet. By Jay C.

Civil Liability on the Internet

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.” According to the Internet Crime Complaint Center, consumers in 2004 submitted more than 207,000 complaints, marking a 66 percent increase over 2003 ( www.ifccfbi.gov/strategy/2004_IC3Report.pdf).

Because of the anonymity that the Internet offers and the difficulty of identifying the primary wrongdoer, it is fair to say that the vast majority of consumers do not even file claims for their injuries or losses. Duty of Care Standard of Care Nevertheless, the risk of online security-related breaches is a growing threat. Injury.