The duty one Internet user has to another has changed, particularly with respect to cybersecurity and privacy. Widespread breaches of Internet security result in a massive loss of valuable time and resources, reduced productivity, lost revenue and a diminishment of Internet privacy. Negligence by Internet users has enabled hackers and creators of viruses to exploit computer systems and engage in crime and unwanted computer intrusions.

Internet users are secondarily liable third parties for negligence when they fail to incorporate reasonable security into their Internet access systems and practices. This tort is premised upon the unacceptably high levels of risk of Internet-related difficulties, as well as the low cost of implementing software and procedures that would ameliorate or eliminate said difficulties.

Rapid technological change has allowed Internet users to implement meaningful remedies for online injuries, such as the theft of personal data, computer viruses or Internet fraud enabled by software failure. With an ever-increasing amount of sensitive information being exchanged on the Internet, the development of robust and trustworthy computer systems is now a duty owed by each Internet user to all other Internet users.

User Negligence

Internet-based negligence remedies are necessary because the only available defendant is often the negligent user whose security holes enabled the crime. Enforcing negligence torts related to an Internet user's behavior will encourage them to institute protective computer software and practices and provide incentives to improve the quality of their security and privacy practices. The imposition of potential liability induces preventive vigilance, while raising the failure to uphold a duty to other Internet users to the level of a tort also allows for the compensation of the victims of Internet bad acts. The absence of enforcement for negligent Internet activity enables Internet crime and breeds irresponsibility.