LIABILITY FOR BREACHES OF COMPUTER DATA SECURITY - HOW COURTS CONSIDER STANDARDS OF CARE AND TECHNOLOGICAL FEASIBILITY

• NCJ Number: 19113
• Author(s): E J GRENIER; F J MARTIN; R L WINKLER
• Date Published: 1974
• Length: 11 pages
• Publication Format: Document
• Language: English
• Country: Sweden
• Note: PAPER PRESENTED AT THE 2D INTERNATIONAL CONFERENCE ON COMPUTER COMMUNICATIONS - STOCKHOLM, AUGUST 12-14, 1974

Annotation

THIS PAPER EXAMINES THE CONSIDERATIONS WHICH COURTS WILL APPLY TO DETERMINING WHETHER A COMPUTER SYSTEMS OPERATORS DESIGNER, OR MANUFACTURER HAS EXERCISED THE APPROPRIATE 'STANDARD OF CARE' FOR THE MAINTENANCE OF DATA SECURITY.

Abstract

ALSO DISCUSSED IS THE DEFENSE OF IMPOSSIBILITY OF COMPLIANCE WITH DATA SECURITY STANDARDS, ON THE GROUND OF TECHNOLOGICAL INFEASIBILITY. AN EXAMINATION OF HOW WHAT IS POSSIBLE IN TERMS OF THE CURRENT STATE OF THE COMPUTER DATA SECURITY ART CAN BE DETERMINED CITIES JUDICIAL DECISIONS OF THE SUPREME COURT AND OTHER LOWER COURTS WHICH SET FORTH THE CONSIDERATIONS WHICH WOULD INFLUENCE A COURT DECIDING THE ISSUE OF TECHNOLOGICAL INFEASIBILITY. SOME APPROACHES TO THE PROBLEM OF LIABILITY FOR FAILURE TO PROTECT AGAINST BREACHES OF DATA SECURITY IN A COMPUTER SYSTEM ARE ALSO PRESENTED AND CONTRACTUAL LIMITATIONS ON LIABILITY ARE SUGGESTED AS A POSSIBLE SOLUTION. (AUTHOR ABSTRACT MODIFIED)