Crimes of Negligence or IncompetenceCrimes of Negligence or IncompetencePresented By: Lisa R. WilliamsPresented By: Lisa R. Williams

What is Negligence?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

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

What is IncompetenceWhat 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

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

Another Name for Negligence

Another Name for Negligence

Malpractice-a suit that involves professional negligence

Computer malpractice- involves professional negligence when providing computer-related services

Malpractice-a suit that involves professional negligence

Computer malpractice- involves professional negligence when providing computer-related services

The DifferenceThe 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

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

Side NoteSide 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.

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.

Example of NegligenceExample 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

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

Example 2Example 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.

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.

The factsThe 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

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

PreventionPrevention

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

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

Prevention ContinuedPrevention 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

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

ReferencesReferences

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

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