Civil remedies are a more viable legal solution to cyber crime for the enterprise than criminal prosecution, according to IT security consultant and forensics expert Ajoy Ghosh. Tort law (specifically the tort of negligence) is likely to pressure large market sectors such as Internet service providers (ISPs) to adopt security measures that prevent cyber criminals from plying their trade and more readily identifies them, he said. “Proponents of a tort law framework cite the inadequacies of law enforcement agencies to identify, locate and prosecute cyber criminals coupled with the rapidly developing infrastructure and judicial conundrums of cyberspace,” Ghosh said. From a victim’s perspective, he said the rationale for pursuing civil rather than criminal remedies offer advantages such as confidentiality, standard of proof that does not require evidence ‘beyond reasonable doubt’ and a more timely settlement for compensation. Another advantage is corporate liability. Full Story
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