The Common Law and Its Impact on the Internet

This chapter begins with a discussion of the English common law, the basis for much of American law today, and its evolving role in regulating the cyberworld. The common law, based on case precedents, has proven to be very adept at resolving new and difficult problems, at times more quickly and competently than legislation. This same mechanism is being used today to solve problems to protect Internet users from destructive ‘‘cyberevils’’ such as spamming and other kinds of cybertorts. In the second part of our chapter, we contrast the cases of Doe v. XYCCo. andDelfino v. Agilent to illustrate the application of common law doctrines in managing risks arising from employees’ use of the Internet. ADVANCES IN COMPUTERS, VOL. 77 299 Copyright © 2009 Elsevier Inc. ISSN: 0065-2458/DOI: 10.1016/S0065-2458(09)01208-X All rights reserved. Comp. by: AMonicaRevises10000897154 Date:26/3/09 Time:11:29:02 Stage:2nd Revises File Path://pchns1301/WOMAT/Production/PRODENV/ 0000000001/0000012915/0000000016/0000897154.3D Proof by: QC by: ProjectAcronym:bs:ADCOM Volume:77008 C O R R E C T E D P R O O F