Re: 3rd party liability Was RE: This is a must read document

[Christopher . Brown]

Zachary Uram wrote:

"well this works both ways
the govt., military, and various federal agencies have horrendous
record on security. but who holds them accountable? no one.
lets sue them and get a bigger tax refund than just $300! <G> :"

Cool idea but I imagine that they'd actually defend the suit, if not avoid it all together by claiming that they were acting "under color of law", etc. Which makes me wonder about what other potential defenses to this type of litigation when it comes - and it will come!

1. Contributory negligence (any defendent - "Plaintiff didn't do enough to protect themselves from the intrusion. I tried, so why blame me.")

2. Different standard of care (Schools, universities - "Our IS systems are here to teach people how to use them. They need to be more 'open' than a corporate network.")

Any others?

Chris Brown
Legal Technology Services
Ernst & Young, LLP
202.327.7369
http://litigation.ey.com




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