[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: Compromised system - still ok?

Hash: SHA1

On Sun, 6 Feb 2005, Scott Edwards wrote:

> 1. Your box gets compromised
> 2. You sue them
> 3. And then collect damages
> You'll quickly loose a case if there is any demonstration of
> negligence (that tail between your legs about the backup account -
> yea, you know, but didn't act. that's enough negligence to blow the
> case)

(Standard disclaimer: I am a law student, not a lawyer, and I cannot
provide legal advice.  This is my opinion only, and should not be relied
on for any purpose.  Seek professional advice.)

I'm fairly sure that this wouldn't be a problem if you decided to sue an
intruder.  You're right that in many cases, the person you're suing can
introduce evidence of your own negligence in order to get the case thrown
out, but this doesn't apply in cases like this where the defendant's act
was intentional.

The summary in legal terms: contributory negligence is not a defense to an
intentional (or reckless) tort.  The first major case I found with an
offhand search is:

Schellhouse v. Norfolk & W. Ry. Co., 575 N.E.2d 453, 456 (Ohio 1991)

This might vary from state to state, but the principle makes enough sense
that it's probably standard.  I am, of course, assuming U.S. law here.

Hope this helps. :) The largest problem, I think, would be identifying the
intruder with enough certainty to sue them.

- -- 
James Renken, System Administrator                 jrenken@sandwich.net
Sandwich.Net Internet Services  http://www.sandwich.net/  1-877-HUBWICH

Version: GnuPG v1.2.4 (GNU/Linux)


Reply to: