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Document Type

Note

Publication Date

3-1999

Publication Citation

51 Federal Communications Law Journal 467 (1999)

Abstract

While the computer and Internet have served as the foundation for a more efficient and effective workplace, they have also wreaked havoc on employers. Employees are increasingly using work-related time to enter the Information Superhighway to commit criminal acts upon third parties outside the employer’s business. Can an employer be held liable for such acts when they are committed using the employer’s computer and Internet system? While the doctrine of respondeat superior may shield employers from liability, the theory of negligent retention or supervision may allow injured parties a second bite at the employer liability apple. Because legislatures and courts have been slow to enact legislation and establish standards for this potential liability, employers must take appropriate precautions against the potential criminal activities of their employees. This Note offers employers proactive steps that can be taken to avoid this liability.

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