ABSTRACT

This chapter discusses the traditional theories of negligence and how the courts have related these concepts to computer applications and security. It outlines the responsibilities of the various parties and describes what is necessary to prove or disprove charges of computer negligence. The technical complexity of most computer negligence cases often makes it impossible to determine whose negligence actually caused the damage. If a court finds that damages could have been avoided by the use of modem and accepted technology, a defendant's failure to use such technology might breach the defendant's duty to exercise reasonable care. The courts are increasingly concluding that no matter how a computer system makes its errors, overreliance on computer output can be a source of liability for negligence. The chapter discusses associated issues, such as malpractice and strict liability. It offers examples from court cases, and specific, practical steps that an organization can take to reduce or prevent potential problems.