-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 On Sun, 6 Feb 2005, Scott Edwards wrote:
> 1. Your box gets compromised > 2. You sue them > 3. And then collect damages > > You'll quickly loose a case if there is any demonstration of > negligence (that tail between your legs about the backup account - > yea, you know, but didn't act. that's enough negligence to blow the > case) (Standard disclaimer: I am a law student, not a lawyer, and I cannot provide legal advice. This is my opinion only, and should not be relied on for any purpose. Seek professional advice.) I'm fairly sure that this wouldn't be a problem if you decided to sue an intruder. You're right that in many cases, the person you're suing can introduce evidence of your own negligence in order to get the case thrown out, but this doesn't apply in cases like this where the defendant's act was intentional. The summary in legal terms: contributory negligence is not a defense to an intentional (or reckless) tort. The first major case I found with an offhand search is: Schellhouse v. Norfolk & W. Ry. Co., 575 N.E.2d 453, 456 (Ohio 1991) This might vary from state to state, but the principle makes enough sense that it's probably standard. I am, of course, assuming U.S. law here. Hope this helps. :) The largest problem, I think, would be identifying the intruder with enough certainty to sue them. - -- James Renken, System Administrator [EMAIL PROTECTED] Sandwich.Net Internet Services http://www.sandwich.net/ 1-877-HUBWICH -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.2.4 (GNU/Linux) iD4DBQFCB3SKqV3dP0gp4AQRAnMZAJiokNionBGwLBWcOR492kgxtqJIAJ9oVT8A VI4qsuvp5JLU/uzem7MvBA== =GtGZ -----END PGP SIGNATURE----- -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
