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IP: Blame the victim: vandalized Web sites may be liable for damages: [risks] Risks Digest 21.64


From: David Farber <dave () farber net>
Date: Sun, 02 Sep 2001 02:02:59 -0400



And what about the manufacturer of the software djf


Date: Mon, 27 Aug 2001 11:00:13 -0700
From: "NewsScan" <newsscan () newsscan com>
Subject: Blame the victim: vandalized Web sites may be liable for damages

Some legal scholars are suggesting that a Web site vandalized by hacker
attacks may itself be legally liable if its customers suffer damages and if
the site was negligent in maintaining security. Law professor Margaret Jane
Radin of Stanford University predicts: "A court is going to say it is
negligent of you not to implement preventative measures if they are
reasonably effective and affordable." No reported court decisions have dealt
with the issue, but Radin says that lawsuits in the near future are highly
likely to be lodged against companies and network providers targeted by
"denial of service" attacks.  [*The New York Times*, 24 Aug 2001; NewsScan
Daily, 27 August 2001
http://partners.nytimes.com/2001/08/24/technology/24CYBERLAW.html]



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