Premium Essay

Cyber Liability

In:

Submitted By jennywong
Words 503
Pages 3
Vicarious liability
Vicarious liability is the principle of law that holds one party liable for the acts or negligence of another party. (Susan W Killion, 2006) It is provided that the third parties such as members of the group, subcontractors, agents, franchisee, clients and customers, are deemed to be under the control of the employer. (David A. Beyer, 2006) It is also known as the legal liability and responsibility attached to the shoulder of the employer if his employee committed wrongful act within the course, scope or terms of their employment due to the authority delegate to him by the employer. (Ibrahim, 2012)This may include bullying and harassment, violent or discriminatory acts and breach of copyright. (Dale, 2005)

In vicarious liability, the key question is the difficulty in determining whether the employee was acting in personal capacity or in the course of their employment. The knowledge of the employer is irrelevant on the wrongdoing. Though, the employer could take reasonable steps to prevent such acts from occurring and take remedial and corrective measures. For example, policies and standards could be prosecuted and training could be provided. Employer also may claim the right to a limited indemnity from the employee if the employer is vicariously liable for the tort of an employee under common law. However, this could not apply to the employer when he required the employee to do something illegal.(Queensland Law Reform Commission, December 2001)

Cyber-liability
What has changed nowadays is the notion of cyber-liability. Cyber liability addresses the first and third party associated with e-business, the Internet, networks and informational assets. The employers could be held liable for the actions of their employees in their internet communications, which may include data breaches, network security, infringement of intellectual property,

Similar Documents

Premium Essay

Cyber Liability

...2013 7/15/2013 ORGANISATIONAL PROFILE History New India Assurance India Limited, incorporated on July 23rd 1919 was founded Sir Dorab Tata who was a founding member of The House of Tata’s. I got further nationalized in the year 1973 with merger of Indian companies. Present Position New India Assurance India Limited has vast presence all over the country and it is also doing remarkably high business. The company’s gross premium (in India) has increased tremendously over the years 2010-2012. It was Rs. 8542.86 crores in the year 2011-2012, as against Rs. 7097.14 crores in the year 2010-2011. Also, the company’s total assets are as high as Rs. 42162.74 crores as on 31st March 2012. The company has an extensive network of offices covering each and every state and other regions of India as shown in Figure1. . Figure 1.New India Assurance India Limited presence all over the country. Such large and extensive network makes NIA Rank No. 1 in the Indian market. Not only this, the company is also the largest Non-Life insurer in Afro-Asia excluding Japan. It is infact also the first Indian non-life company to reach Rs. 10073.88 crores Gross Premium. International Presence NIA also provides global Re-insurance facilities. It has its over-seas presence in countries like Japan, U.K, Middle East, Fiji and Australia. Overseas operations commenced in 1920. The company has operations in 20 countries in the year 2011-12 which spans through a...

Words: 14892 - Pages: 60

Free Essay

Cyberbullying

...Risky Business Argumentative Essay: Cyberbullying Draft and Bibliography Cyberbullying means sending insulting or threatening emails, texts, or instant messages directly to someone using a computer or cell phone. It means spreading hateful comments about someone through emails, blogs, online profiles, or chat rooms. It means stealing passwords and sending out threatening messages using a false identity. It means building a website targeting specific people. If there is so many ways to hurt people through technology, how come there is no laws or punishments for cyberbullying. Only recently the United States have been instating laws to help reduce cyberbullying. Even at that it is not enough these laws need to be strictly enforced by the government, and the people being held accountable for their actions. People argue the cyberbullying laws are a violation of the 1st Amendment, more specifically the freedom of speech and the freedom of expression. In Michigan, Joshua Mahaffey was 15, he and a friend created this web site in 2001. The website was called “Satan’s Web page” and according to Joshua it was created it for laughs. On the website listed “people I wish would die,” which listed names of several students at their schools. Then a parent notified the police about the site, it’s a threat and posed an infraction against the cyberbullying laws. Joshua was interviewed and admitted to creating and contributing to the website. Then he was sent to a local psychiatric...

Words: 1012 - Pages: 5

Premium Essay

Cyber Bullying

...Cyber bullying New technology benefits society in many ways, but also creates problems and ethical issues, namely those pertaining to cyber bullying. Merriam Webster defines cyber bullying as, “the electronic posting of mean-spirited messages about a person (as a student) often done anonymously.” The development and increased usage of communication and information technology has led cyber bullying to gain traction in society. Legislation and organizations are arising to deal with cyber bullying, a major issue that victims struggle with every day. Cyber bullies’ rhetoric includes, but is not limited to, physical threats, sexual remarks, hate speech, rumors, and slander. Cyber bullies employ various tactics to humiliate and defame their victims, both on a one-on-one level and through public settings. In the more private form, offenders directly insult their victims through intimidating and hostile messages. In the more public form, cyber bullying can include actions such as posting embarrassing or nude photographs of victims without their knowledge or permission. These photos are often adulterated to depict the victim in compromised or defaming poses. Cyber bullies also spread lies and rumors via texts, instant messages, and Facebook posts. Additionally, perpetrators often steal passwords to victims’ online accounts and post humiliating remarks while posing as the victims themselves. Various studies attest to the pervasiveness and severity of cyber bullying in society. The...

Words: 1860 - Pages: 8

Premium Essay

Teens and Social Media

...are naturally anxious to meet new people and possibly make new friends and contacts. Online social media provide the perfect setting to do exactly that. Teenagers are able to interact with people from all over the world. This serves to not only increase their general knowledge but it enables this generation to be more tolerant of cultures and beliefs that differ from their own. New technology including smart phones with video and photo capabilities, iPad and other tablets, and portable Wi-Fi docs have made the Internet infinitely more assessable (Wolak, Mitchell & Finkelhor, 2006). Although technology has been associated with many positive effects, cyber bullying, sexting and slut shaming among teens are detrimental practices that have been encouraged by the advancement of technology owing to the obscurity that the cyber space provides. The first practice that this paper will focus on is bullying among teenagers, a form of intimidation that can take different forms and has been in existence since time immemorial. While the internet provides opportunities for self-affirmation...

Words: 1560 - Pages: 7

Free Essay

Information Technology

...with people being able to share ideas thus enhancing diversity (Thomas, 123-145). However, social media has negative effects as well. It is not possible to determine if a relationship developed over social media is meaningful. Many casual relationships have been nurtured through social media and in due course, some have been a source of misery to many people. Social media has been used by predators to advance negative actions to vulnerable people such as kids. Most of them have become victims of cyber-bullying and made to undergo terror experiences under the watch of their parents and peers. The consequence of cyber-bullying may be tragic and disappointing to the victim. Although social media has its positive benefits to the society, the negative effects are more aching to the target and therefore there is need for action. This is achievable by enhancing parental and institutional rules to control cyberspace and limit the negative effects associated with social media such as cyber bullying....

Words: 331 - Pages: 2

Premium Essay

Contemporary Heroes

...1. An overview on cyberbullying in higher education. This article defines bullying as “repeated intimidation, over time, of a physical, verbal, and Psychological nature of a less powerful person by a more powerful person or group of persons”. To date, 18 states have laws to address cyberbullying, compared with 49 states, all except Montana, having laws to address bullying (Hinduja & Patchin, 2013). State laws primarily focus on cyberbullying that occurs on K-12 campuses, and each state requires school district to have policies against bullying. In a K-12 environment, cyberbullying that occurs off campus has been handed off to the parents. The expansion and use of communications technology, such as mobile and tablet devices, has allowed the bully to transform and follow his or her victim almost anywhere, at any time. Short story/example: White female student at Duke University. On May 2010, this female student developed a fake senior thesis as a PowerPoint presentation that described her sexual exploits with 13 male students at Duke University. In her fake thesis, she utilized each student’s real name and picture which, in some cases, showed the male student in his university athletic uniform. The female student emailed the fake thesis to three people she considered close friends, and the thesis was forwarded to others undoubtedly due to the salacious nature of the thesis (Seelye & Roberts, 2010). Eventually, the thesis ended up in the public domain on the blog...

Words: 388 - Pages: 2

Free Essay

Cyber Espionage - China and the United States

...Cyber Espionage Topics in Global Strategy Mike Dresser MGT 536 March 11, 2013 Cyber espionage is quickly becoming one of the most feared tactics around the world, but most recently, the computer spy game between China and the United States has been elevated to new levels. Just within the last few days, The New York Times broke a story pin pointing Coca Cola as one of the main targets of a Chinese sponsored cyber attack. Many believe this was largely due to discussions that Coca Cola had with China Huiyuan Juice Company regarding a potential acquisition. If it had gone through, this would have been the largest acquisition of a Chinese company by a foreign corporation. However, due to an elaborate Chinese cyber spy operation, they attempted to hack into Coke’s files to find information about Coca Cola’s negotiating strategy, and the deal was ultimately terminated because of deceptive practices. This is only the tip of the iceberg as cyber spy attacks are becoming more and more prevalent across the globe with no signs of slowing down. Mandiant, a cyber security company, also made front page news this past week when they published a full detailed report that traced a series of cyber attacks on a variety of U.S. companies, as well as many of our government agencies, such as the Department of Defense, NASA, and the Department of Commerce. Mandiant specifically identified a Shanghai based operation known...

Words: 774 - Pages: 4

Premium Essay

Cyber Bullying

...Difference Between Cyber Bullying Perpetration and Non-Physical Bullying: Relations to Race, Individual, and Family Predictors Abstract The research in this article is based upon finding a relationship between cyber-bullying perpetration with non-physical bullying. It also works on find the relatedness it has with race, home life, and other issues. They use children in grades 5th through 7th and use three time points, each six months apart. The article finds that cyber-bullying does have a significant overlap with non-physical bullying but when it is compared longitudinal there was less of an overlap. In today’s society, bullying has become a very big problem among adolescents. With all the new forms of communication with technology there has been a lot of cyber-bullying, specifically. It seems to be the new way to harass others and the fact that it is done through technology it makes it less obvious. The reason it is such a big problem though, is because the harassment some of the children endure have caused suicide. This article tries to find the relatedness it has with other factors of children’s lives. If some form of connection can be found then there can be a chance to find a way to stop the problem before it begins or to even see the signs of this type of bullying. For starters, what researchers have noticed is that cyber-bullying is something that is quite new to us today. Because of this it is a topic that is less understood by what the underlying...

Words: 2945 - Pages: 12

Premium Essay

Cyber Security

...Cyber security is a critical and growing issue in the world today. President Obama said this issue is, "one of the most serious economic and national security threats our nation faces" (Cybersecurity). The United States is one of the most computer dependent societies and has the most computer dependent military and intelligence agencies. With more and, more of our country being ran by technology we are at a bigger risk of attack. A cyber attack could be the most devastating attack our country has ever faced. An attack on America’s cyber infrastructure could cripple the country and put us at an even greater risk of a normal attack. FBI Director said “Counterterrorism — stopping terrorist attacks — with the FBI is the present number one priority. But down the road, the cyber threat, which cuts across all FBI programs, will be the number one threat to the country” (Paganini). The message is clear the cyber security threat we are facing today is a dangerous and growing threat that has serious offensive potential and is often difficult to detect or prevent. An attack on a nation’s critical infrastructure can be devastating and when you add the fact that cyber attacks often do not make themselves know until it is to late could make for a devastating first strike prior to an invasion. Cyber security is defined as measures taken to protect a computer or computer system (as on the Internet) against unauthorized access or attack. The term “cyber security threat” means...

Words: 2041 - Pages: 9

Free Essay

Cyber Bullying

...Cyber Bullying Table of Contents I. Cover page II. Table of Contents III. Report It only seems like yesterday that teachers would have to stand on the play ground during recess and monitor the bullies, who would try to take another child’s lunch money, or to take a note being passed around in the classroom that would read something like “I will see you on the play ground after school.” A way to help prevent your child from being one of the many bullying victims is to know what the risk factors are of your child becoming one of the bullying victims. When it comes to being a bullying victim, children, teens and adults are those who don't get along well with others, have few or no friends, is less popular than others, what color their skin is, or what kind of clothes they wear, because they wear glasses, and what kind of house they live in. Now here we are in the year 2011, dealing with an entirely different style of bullying, which we all know is called “CYBERBULLYING”. No longer are the days of having the teacher send the student to the principal’s office or a phone call home to mom and dad. Friends and family of victims are also taking part when cyber bullying occurs. They may find themselves in difficult situations where they are peer pressured into participating in the bullying, afraid that if they don't play along, or they could become a target. They may feel that they have no power to stop it or start feeling guilty for not having spoken out against the...

Words: 1506 - Pages: 7

Premium Essay

Corporate/Cyber Espionage

...Corporate/Cyber Espionage You’re the owner of ABC Candy Company and just about to debut your latest and greatest chocolate snack when your biggest rival over in Asia at XYZ Candies introduces its latest snack, that is almost a doppelganger to yours. Have you just been a victim to corporate cyber espionage or just extremely bad timing? In 2012 federal agencies alone reported 46,562 cyber security incidents compared to only 5,503 in 2006. In 6 years the number of incidents has multiplied over 8 times. (LUKAS, 2013) And what is the cost of this to companies in the U.S.? It is figured the price tag for this theft of information is at least 250 Billion dollars each year. This is significantly higher than what businesses pay each year, in federal corporate income taxes. (LUKAS, 2013) Meanwhile, McAfee provides an estimate encompassing global remediation costs to total a staggering $1 trillion per annum. (Paganini, 2013) Cyber corporate espionage attacks and threatens corporate America, government programs and individuals daily in new and unrelenting ways. But who is committing these attacks and why? How are individuals, groups, companies and even governments’ gaining access to supposed secure information? And how are you and corporate America going to detect and remove these threats from your daily lives? Let’s first start with just the basic definition of just what is corporate cyber espionage Cyber espionage is defined as the intentional use of computers or digital communications...

Words: 2686 - Pages: 11

Free Essay

The Technical Criminal

...Internet to the general public. This Internet for most can be a useful resource. From gathering research for an academic project to attending a board room meeting remotely, the Internet has proven to be key in many aspects of human life today. The Internet has also given way to a slue of new crimes and negative activity. Cyber stalking, Cyber bullying, exploitation, sex crimes, financial fraud and the use of viruses and malicious code are just a few things that have become prevalent on the information super highway. One of today’s largest concerns among parents is protecting their children from becoming victims of bullying. There was a time when you had to worry about the school bully running into while in the hallways of your school or out and about around your neighbor, but the situation surrounding bullying been given a technological advantage. Social media sites such, as Facebook.com, Twitter and Instagram have become the avenues for bullies to invade their victim’s homes and lives. In a recent cyber bullying case in Lakeland Florida, a 12-year-old Rebecca Sedgwick jumped to her death at a local cement plant. She had been the victim of at least 15 cyber bullies through many avenues. The torment for her started at her school and bled over to the Facebook.com. After she was taken out of school by her mother and closed her Facebook account she continued to receive harsh messages and...

Words: 1001 - Pages: 5

Premium Essay

Fire Investigator

...Cyber Bullying Stories: Tyler Tyler Clementi, 18, was a regular freshman who was passionate about playing the violin and was still new to his gay identity. Instead of enjoying college life at Rutgers University, his first semester proved to be a living hell, one he felt he had no way of escaping. Tyler had a roommate, Dharun Ravi, who had a hard time getting along with him and realized that Tyler liked to keep to himself most of the time. When Tyler informed his roommate that he would be hosting a male guest at their dorm room and asked for some privacy, Dharun went across the hall to his friend, Molly Wei and both of them streamed a video live from Tyler’s room using Dharun’s webcam, they say Tyler kissing another man and Dharun immediately began tweeting about it to friends and other Rutgers students and possibly, the entire world. On the same night, Tyler sent a request to the school’s administration asking for a single room citing the fact that his roommate had used a webcam to spy on him. The next day, Tyler made the same notification to Dharun that he would be receiving a male guest, this time Dharun tweeted that he would be live streaming the entire sexual tryst, and invited everyone to watch, but the viewing never occurred. The next day everyone woke up to the news that Tyler Clementi had jumped off a bridge into the Hudson river, his body was found hours later. His last communication with the world was a Facebook status declaring he was jumping off the bridge and...

Words: 526 - Pages: 3

Free Essay

Cyberbully

...are all social networking sites – and they’re all part of what is at present known as social media. In that respect, they’re various benefits of delivering social media in our fellowship. Such as, helping students with their educations, supporting the communities, improving relationships and establishing raw friends... Etc. But there are also negative consequences of social media, like posting everything about our personal lives, providing major distractions to people, and most importantly the increased use of social media has led to more suicides among today’s youth--a result of cyberbullying. Ever since the creation of social media had occurred there have been another type of bullying that’s in our everyday life. Today there is "Cyber Bullying," and although it is less physical than traditional forms of bullying, it can cause more devastating and long-lasting effects, As well, there are ways to help preclude this type of bullying and then that they would be less of a chance to induce these experiences in our spirit. Cyberbullying is another path to spread harm to other masses by employing the internet or other electronic communication devices to share embarrassing information about any other individual. The methods of cyberbullying are used in many forms, it can start by making up rumors about the victims, sending photos without their consent, making sexual remarks, and also most of the time threaten the victim’s life. The victims are likely to be aimed at females...

Words: 2084 - Pages: 9

Free Essay

Cyberterrorism

...in terrorist activities, including acts of deliberate, large-scale disruption of computer networks, especially of personal computers attached to the Internet, by the means of tools such as computer viruses. In short, cyber terrorism is a new language of war. What makes cyber terrorism so appealing for criminals? * Remote attacks - One of the primary advantages for terrorists is their ability to launch an attack on a designated area from anywhere in the world. A terrorist on the other side of the world sitting in front of a computer can launch an attack, route it through 50 different countries, cover his tracks so that it is nearly untraceable, and cause billions of dollars in damages and even fatalities. * Damage scope - Another attractive feature is scope of damage that can result. * Using cyberspace a terrorist can take control of traffic lights in a certain area and could take more lives in hundreds of deadly car accidents. * Electric Power System- The electrical power grid is a probable target for cyber terrorists.If the computer systems controlling these systems could be disrupted or shut down it could knock out power for many. This could lead to potential deaths if the system isn’t recovered in a timely manner. Examples of cyber terrorism * In 1998, ethnic Tamil guerrillas attempted to disrupt Sri Lankan embassies by sending large volumes of e-mail. The embassies received 800 e-mails a day over a two-week period. The messages read "We are...

Words: 441 - Pages: 2