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Crimes of Negligence or Incompetence

Crimes of Negligence or Incompetence. Presented By: Lisa R. Williams. What is Negligence?.

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Crimes of Negligence or Incompetence

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  1. Crimes of Negligence or Incompetence Presented By: Lisa R. Williams

  2. What is Negligence? • NEGLIGENCE -The failure to use reasonable care. The doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under like circumstances • To prove negligence, one has to show that no reasonable person in your situation would have given the advice that you gave

  3. What is Incompetence • Incompetence- The condition of a person who is unable to properly perform his or her duty. • He/she is either: 1: not legally qualified2: inadequate to or unsuitable for a particular purpose3 a: lacking the qualities needed for effective action b: unable to function properly

  4. Another Name for Negligence • Malpractice-a suit that involves professional negligence • Computer malpractice- involves professional negligence when providing computer-related services

  5. The Difference • If someone sues you for ordinary negligence, they will compare your behavior to what any reasonable person would have done under the circumstances. • If someone sues for malpractice, they will compare your behavior to what a reasonable member of your profession would have done. • Professional standards are much higher and much better

  6. Side Note • Computer malpractice is a losing lawsuit because to be sued for malpractice (professional negligence), you must be (or claim to be) a member of a profession. Software development and software testing are not professions as this term is usually used in malpractice law. Therefore, malpractice suits against programmers and testers fail.

  7. Example of Negligence • If a hacker was able to delete a customer's order from a supplier's computer file, the customer could hold the supplier liable for any damages it sustained by not receiving its order. The negligence theory is based on the fact that the supplier should have installed the necessary equipment (hardware and software) to prevent the hackers from invading its computer system. Also, because the supplier did not have the necessary protection on its computer system, it should have known that such an act was likely to occur, and, therefore, guarded against it

  8. Example 2 • Consider this example of software support advice. People call you when they have problems running their software. One day, you advise a caller that her problems come from an insufficiently-compatible video card. Actually, the caller has set one of the program's display options incorrectly and replacing the video card won't help. Have you committed negligence? Maybe. We can't tell, just based on these facts, because we don't know what a reasonable support advisor would have done.

  9. The facts • First, suppose that you have a database of common problems and this problem was in the database. • Second, suppose that the caller's description was specific enough that you would have easily found the problem (and the solution) in the database if you looked. • Third, suppose that most software support providers would have used this database if they had it. • This last point establishes a standard of care - most support advisors would have checked the database. If you don't check the database, and you provide expensive bad advice, you can be accused of acting unreasonably-negligence

  10. Prevention • When shopping online, be careful before entering your credit card number or other personal information • Read the privacy policy and look for opportunities to opt out of information sharing • Only enter personal information on secure Web pages with “https” in the address bar and a padlock symbol at the bottom of the browser window. These are signs that your information will be encrypted or scrambled, protecting it from hackers • Steer clear of spyware

  11. Prevention Continued • Use firewall. This is virus and spyware protection software that you update regularly • Download free software only from sites you know and trust. Don’t install software without knowing what it is • Set Internet Explorer browser security to at least “medium” • Don’t click on links in pop-up windows or in spam e-mail • Use strong passwords with at least eight characters, including a combination of letters, numbers, and symbols, easy for you to remember, but difficult for others to guess

  12. References • http://www.m-w.com/dictionary/incompetent • http://en.wikipedia.org/wiki/Incompetence • http://www.lectlaw.com/def2/n010.htm • http://dictionary.law.com/definition2.asp?selected=1314&bold=|||| • http://www.jmls.edu/jcil/16/gripman.html • http://www.privacy.ca.gov/sheets/cis1english.htm • http://search.yahoo.com/search?ei=UTF-8&fr=slv1-&p=negligence+computer+system • http://graduado.sagrado.edu/gsi731/articles/computerlaw.htm • http://search.yahoo.com/search?p=computernegligence&ei=UTF-8&fr=slv1-&x=wrt

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