The economic difficulty of pursuing individuals for bad acts has led injured parties to seek legal remedies from the companies that facilitate the platform upon which the bad acts occur. In the past, Internet facilitators could avoid contributory and vicarious liability by claiming users’ bad acts were beyond the facilitator’s ken and control. Now, widely available, low cost e-commerce technology diminishes the viability of said defenses.
Previously, passive Internet service facilitators successfully argued that they do not “collaborate” with Internet users to undertake bad acts because they were either unaware of the bad acts or could not act to prevent such bad acts in a timely fashion. Advances in Internet technology, however, have increased the Internet facilitator’s capacity for ameliorating Internet bad acts automatically. Failure to employ such technology may result in an increase in the facilitator’s liability for not preventing bad acts on the Internet.
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