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Suing the Insecure?: A Duty of Care in Cyberspace
New Mexico Law Review (2002)
  • Stephen E Henderson
  • Matthew E Yarbrough

The Internet, already of major significance throughout much of the globe, is expected to become increasingly pervasive in diverse arenas, from health care, to commerce, to entertainment, and is expected to become increasingly critical to essential infrastructures, including banking, power, and telecommunications. Yet the medium is both inherently and unnecessarily insecure. In particular, today’s Internet can be crippled by distributed denial-of-service attacks launched by relatively unsophisticated and judgment-proof parties. Not every computing system involved in such attacks, however, is necessarily without resources. Application of traditional negligence liability, coupled with other government incentives and support institutions, will encourage better security and can be structured to avoid significant disruption of Internet culture.

  • technology,
  • internet,
  • liability,
  • security
Publication Date
Citation Information
Stephen E Henderson and Matthew E Yarbrough. "Suing the Insecure?: A Duty of Care in Cyberspace" New Mexico Law Review Vol. 32 (2002)
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