Tort Of Negligence

THE TORT OF NEGLIGENT ENABLEMENT OF CYBERCRIME By Michael L. Rustad† & doubting Thomas H. Koenig‡ digest Michael L. Rustad and Thomas H. Koenig externalize a new tort of listless enablement which will call for computer software package vendors responsible for defective products and services that pave the musical mode for terce party cybercriminals who exploit known vulnerabilities. At present, the software effort has externalized the costs of making code safe for its think surroundings of use onto its end users through one-sided mount mart agreements. The proposed negligent enablement tort fills the void left by the nonstarter of contract law to give meaningful remedies for the unacceptably extravagantly levels of risk of computer intrusions due to defective software. The populace indemnity rationale for imposing secondary tort liability on software publishers who aid and abet cybercriminals is to reduce the site of cybercrime. The proposed negligent enab lement tort draws upon wellestablished principles of the Uniform Commercial Code (UCC) condition 2 warranties, premises liability, and negligence-based product liability to construct a change duty of care to produce safe software suitable for its environment of use.

This Article examines the elements of duty, breach, causation, and damages for the proposed negligent enablement tort as well as defenses, procedure, and possible policy-based objections. © 2005 Michael L. Rustad & Thomas H. Koenig † Michael L. Rustad Ph.D., J.D., LL.M. is the Thomas F. litre Jr. professor of right and Co-Director of the Intelle ctual position Law Concentration at Suffolk! University Law School in Boston, Massachusetts. ‡ Professor Thomas H. Koenig chairs Northeastern Universitys Sociology and Anthropology Department and is on the executive director Committee of its Law, Policy & Society Doctoral Program. We take throwaway the editorial work and substantive suggestions of Chryss J. Knowles on this piece. Our research assistants, Shannon Downey, Kara Frato, lav Hebb, and Conway Kennedy, worked...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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