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The Internet User's Duty of Care

By Jonathan Bick
May 02, 2015

The duty one Internet user has to another has changed, particularly with respect to cyber-security and privacy. Widespread breaches of Internet security result in a massive loss of valuable time and resources, reduced productivity, lost revenue and diminished Internet privacy. Negligence by Internet users has enabled hackers and creators of viruses to exploit computer systems and engage in crime and unwanted computer intrusions.

Internet users are secondarily liable third parties for negligence when they fail to incorporate reasonable security into their Internet access systems and practices. This tort is premised upon the unacceptably high levels of risk of Internet-related difficulties, as well as the low cost of implementing software and procedures that would ameliorate or eliminate said difficulties.

Rapid technological change has allowed Internet users to implement meaningful remedies for online injuries, such as the theft of personal data, computer viruses or Internet fraud enabled by software failure. With an ever-increasing amount of sensitive information being exchanged on the Internet, the development of robust and trustworthy computer systems is now a duty owed by each Internet user to all other Internet users.

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