Document Type
Article
Publication Date
2007
ISSN
0006-8047
Publisher
Boston University Law School
Language
en-US
Abstract
This Article sets out a theory of torts and cyberspace wrongs. My goal is to provide a sparse theoretical account of tort law and apply it to cyberspace torts, both negligent and intentional. I approach this goal by applying the framework of property rules and liability rules to cyberspace torts. That framework suggests that trespass doctrine is appropriate in instances of cyber invasions of private information resources, such as the breaking of codes to access private information on the web. However, trespass doctrine should play no role in cyber-invasions of public information resources, such as the sending of spam email. I also examine indirect liability claims against operating system sellers or Internet Service Providers for the harms caused by cyberspace actors (e.g., virus writers, copyright violators). The theory presented here suggests that the basis for strict indirect liability is weak. Finally, the theory suggests that immunity rules should play a role in this area, though in a smaller set of instances than those protected by the Communications Decency Act.
Recommended Citation
Keith N. Hylton,
Property Rules, Liability Rules, and Immunity: An Application to Cyberspace
,
in
87
Boston University Law Review
1
(2007).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/729
Working paper available on SSRN
Comments
Updated with published version of paper on 9/23/22
Working paper available on SSRN