Management and Organizational Studies 2275A/B : Chapter 14.docx
16 Dec 2013
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Document Summary
The development of law has not kept pace with the demands of the information and technological explosion. Initially it was argued that the internet should be left unfettered by laws to realize its vast potential: combating fraud and hacking requires countries to coordinate their legal approaches, creates challenges including: Defamation: absence of intervener (editor) to monitor communication. If communication over web qualifies as broadcasting, legislation concerning libel will apply. Another problem; who the injured party can sue. Isp can be forced to disclose source and may be liable only where it encouraged the behavior or fails to remove after notification. The key to a court assuming jurisdiction is the number and strength of the connecting factors between the cause of action and jurisdiction. When determining damages the size of audience is relevant. Nuisance: current tort law will likely adapt to new technology. Negligence and misrepresentation: professionals dispensing information should include disclaimers; specific instructions for use ad restrictions.
