Cyberlaw/Day 2

• Day 2 notes and questions:

• Group 5, Texas Lawyers:
  • General criteria for liability:
    • Those with deep pockets
    • Those likely to be found liable
    • BUT liability rule must not kill internet or other things people care about. Must be a sustainable rule.
  • Whom to sue?
    • OS makers, ISPs, SW makers, and antivirus makers.
    • Go after people who have some actual relation to the problem.
    • Custodians of hijacked computers.
    • HW manufacturers.
  • What are the standards of liability?
    • Tort
      • BUT hard to get tort liability for purely economic harm, if no accompanying physical harm. So if virus resulted in someone actually dying, can bring basic negligence case based on breach of duty.
    • Picker article: most states will honor disclaimer of MS's warranty; won't let you get around it through tort or contract.
  • To whom would it be most fair to apply liability?
    • ISPs, because they have greater ability to control.
    • Picker: you've got cyberterrorists, and cyber-fraudsters, and cyber-vandals. Make distinctions along this taxonomy.
      • So can look to intent of harm-dealer. But this is difficult because there are innovative new harms coming up every day.