Cyber Torts: Common Law and Statutory Restraints in the United States
Gregory C. Mosier, Tara I. Fitzgerald
Abstract
United States state courts administer common law principles that remedy injuries that arise from tortious
activities. Federal statutory restrictions and overbroad federal court rulings have created immunity for many
activities in the context of cyberspace. This paper reviews a number of state court decisions in the United
States and surveys several basic tort principles in regard to their application to technology enhanced activities
on the Internet. Tort concepts, under traditional common law concepts can, if left unrestricted, develop to serve
multiple interests.
activities. Federal statutory restrictions and overbroad federal court rulings have created immunity for many
activities in the context of cyberspace. This paper reviews a number of state court decisions in the United
States and surveys several basic tort principles in regard to their application to technology enhanced activities
on the Internet. Tort concepts, under traditional common law concepts can, if left unrestricted, develop to serve
multiple interests.
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