Cyber-Torts in the Workplace
A tort is recognized as conduct that results in an injury or damages that are legally recognized (Lau & Johnson, 2014). Torts that occur on the Internet are referred to as cyber-torts. In the workplace, there are multiple cyber-torts that employees may commit, whether intentionally or unintentionally. Examples of such cyber-torts are cyber defamation, trespass to chattels, and conversion.
Cyber-Defamation
Cyber-defamation occurs when something is written about a company that is untrue and defamatory, meaning that it has the ability to damage the company’s reputation (Mew, 2013). Four major elements must be present to prove defamation. First, the statement made must be false and defamatory in nature (Mew, 2013).
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2). Computer fraud may take several different forms, and misrepresentation can occur in a number of ways (Cornell University Law School, n.d.). For example, an individual may embezzle company funds by changing or deleting input data (Cornell University Law School, n.d.). Other ways in which an individual may create a misrepresentation would be by rewriting, deleting, or changing codes within a computer system (Cornell University Law School, …show more content…
Generally, “a business is liable for the torts committed by an employee who is acting within the scope of his or her employment or an agent who is acting with the authority of the business” (Miller & Jentz, 2010, p. 133). When a corporation is deemed liable for the torts that an employee commits, it is referred to as indirect liability (Lichtman & Posner, 2004). If an employee commits an intentional tort, the corporation is usually not liable unless a court determines that the intentional tort could have been forseen by higher-level employees or directors (National Paralegal College,
(5 points) Based on the facts of the case you have selected, is it possible the employer can also be held criminally liable? Explain your answer.
In most cases, the decisions are made upon determining weather employee was acting in their own personal capacity and interest, or in the course of their employment. Should employers always be liable for employee’s wrongdoings?
The National Conference of State Legislatures (2013) defines Cyber stalking as the use of the internet, email or other electronic communications to stalk. It generally refers to a pattern of threatening behaviors or malicious intent. The NCSL considered it the most dangerous of cyber harassments. According to the Louisiana statute, Cyberstalking is the actions of any person to perform the following:
It is also when individuals use technology to spread rumor about another person to defame or humiliate them. Cyber harassment came about with the increase technological advancements and also the birth of social media has contributed to it as well. In the online article, Students Warn Peers about Cyber Bullying by Dawn Turner Trice. Trice writes about a 17 year old high school student by the name of Tiffany Witkowski who quit Facebook after getting cyberbullied. Tiffany tells Ms. Trice that, "They would go to my boyfriend 's page, and the next day at school, people would say, 'Oh, you and your boyfriend saw whatever movie or did whatever, I never felt physically threatened. But I felt emotionally threatened. I had just recently moved from Arizona. I had a family tragedy, and I said, 'Why is this happening to me? ' I needed emotional stability, so I just got rid of Facebook." Social media sites like Instagram, Twitter, and Facebook are useful for getting in touch with lost friends and family, but, it still has it negatives such as Cyber bullying, sexual predators, and so many other
Fraud is usually comprehended as deceptive nature calculated for advantage. And usually this kind of people might be called a fraud. According to the U.S. legal system, fraud is a particular offense with specific features. Fraud must be proved by showing that the defendant’s actions involved five separate elements: 1. A false statement of a material fact; 2. Knowledge on the part of the defendant that the statement is untrue; 3. Intent on the part of the defendant to deceive the alleged victim; 4. Justifiable reliance by the alleged victim on the statement; 5. Injury to the alleged victim as a
There are different types of computer crimes that many people become victims of every day. Computer crime is any crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target ("Computer Crime: Chapter 2: What Are the Crimes? ", n.d.) - " Crimes such as data diddling, pump and dump, social engineering and spoofing are computer crimes. Even though these crimes are difficult due to privacy issues, the new technology has made investigations and prosecutions well organized and effective.
The hospital under vicarious liability is based on Respondeat Superior (let the master answer) for the negligence actions of its contractors/employees. This is the responsibility of physicians for negligent actions of hospital employees ranging from nurses to x-ray techs. Through Corporate Liability the hospital itself is liable for the negligent actions of its workers.
Accounting fraud refers to fraud that is committed by a company by maintaining false information about the sales and income in the company books, when overstating the company's assets or profits, when a company is actually undergoing a loss. These fraudulent records are then used to seek investment in the company's bond or security issues. By showing these false entries, the company attempts to apply fraudulent loan applications as a final attempt to save the company by obtaining more money from bankruptcy. Accounting frauds is actually done to hide the company’s actual financial issues.
The English Law on Vicarious Liability An employer is responsible for damage caused by the torts of his employees acting in the course of employment. This is known as ‘vicarious liability’[1]. Essentially, vicarious liability is where the employer is generally substituted in terms of liability for the employee, the employee also has liability but the resources of the employer such as insurance makes them more financially attractive to the claimant. The mechanism of vicarious liability is arguably the best compromise between the needs of tort victims and the freedom of businesses as the employer usually has insurance to cover the tort of the employee, making it more financially viable to the employer than directly compensating the claimant.
It includes an employee or the organization and is deceptive to shareholders and investors. An organization can misrepresent its financial statements by exaggerating its income or resources, not recording costs and under-recording liabilities. A number of categories and sub-categories can be divided up for fraud. Some examples are consumer fraud, management fraud, employee embezzlement, Ponzi schemes and numerous
In today’s day and age, there is a lot of news that is related to corporate accounting fraud as companies intentionally manipulate their financial statements to show a better picture of their financial health. The objective of financial reporting is to provide financial information about a company to its various stakeholders such as investors and creditors so that these stakeholders can make decisions accordingly. Companies can show a better image of their financial well being by providing misleading information. This can be done by omitting material information from the books or deceitful appropriation of assets such as inventory theft, payroll fraud, check forgery or embezzlement. Fraudulent financial reporting will have an effect on the This includes but is not limited to; check forgery, inventory theft, cash or check theft, payroll fraud or service theft.
"What is “online fraud”?" National Crime Victim Law Institute. Lewis & Clark, 27 July 2010. Web. 24 Jan. 2014.
Civil law: This is the branch of law that deals with property rights, personal dignity and freedom from injury. 1. A cyberbully may be engaged in defamation, defamation is when the person who is bullying causes harm to someone’s reputation by spreading false information about that person. In general, defamati...
Fraud is defined as someone try to act with intention to cheat other people in order to acquire an unfair or illegal advantage. The fraud happens due to management override the internal control of the organisation and fraud will affect the financial reporting. The main categories of fraud that can affect financial reporting are fraudulent financial reporting and misappropriation of assets.
Threatening behavior or unwanted advances directed at another using the Internet or other forms of online communication is considered cyberstalking. This form of stalking has emerged in recent years. Very little is known about cyberstalking, but its behaviors can vary from a nonthreatening e-mail to a potentially deadly encounter between the stalker and targeted victim.