Question

Consider the parameters of tort law in cyberspace. What is its potential and what are its limits? How might the tort of misappropriation be applied in cases of miscon­duct online? What are some of the tort causes of action that might apply to defective or mis­leading electronic transfers of information?

Answer 1

The potentials of cyber tort includes:

1. Cyber Stalking or Cyber Harassing: This means following a person online and conduct activities like threatening them.
2. Harassment via E-mails: Sending emails to harass people. In traditional time, people use to send harrasment letters.
3. Cyber defamation: Defamation is mainly an act of making a statement about an individual to lower their reputation. So using virtual medium to do this is called cyber defamation.
4. Cyber-vandalism: Doing theft or doing any similar activity to damage someone else's property using internet.
5. Unauthorised access over someone’s computer, mobiles or virtual machine.
6. Cyber Trafficking.
7. Fraud and Cheating.

All these cyber torts can be done using:Email bombing, social Media, theft of information, message boards or chat rooms, trojan attacks, data dwindling, denial of service attack, virus.

The growth of the information society ihas a number of serious threats. Essential services such as water and electricity supply now depend upon Information and communication technologies. Cars, traffic control, elevators, air conditioning and telephones are also depend on the smooth functioning of Information and communication technologies. Attacks against information infrastructure and Internet services now have the potential to harm society in new and critical ways. Attacks against information infrastructure and Internet services have already taken place. Online fraud and hacking attacks are just some examples of computer-related crimes that are committed on a large scale every day. The financial damage caused by cybercrime is reported to be enormous.27 In 2003 alone, malicious software caused damages of up to USD 17 billion.28 By some estimates, revenues from cybercrime exceeded USD 100 billion in 2007, outstripping the illegal trade in drugs for the first time.Nearly 60 per cent of businesses in the United States believe that cybercrime is more costly to them than physical crime. These estimates clearly demonstrate the importance of protecting information infrastructures.

Fraudulent misrepresentation, which is a cause of action often associated with online purchases. Fraudulent misrepresentation is mainly defined as an intentionally misrepresentation of the truth or concealment of a material fact inorder to induce another to act to his/her damage. The defendant must aaccuse:

• ·that the defendant made a false representation;
• ·that the misrepresentation was made with the intention that the defendant must depend on it;
• ·that the defendant reasonably relied on the misrepresentation;
• ·that the defendant suffered harm because of the misrepresentation.