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The Internet User's Duty of Care

By Jonathan Bick

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 a diminishment of 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.

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