American laws on compromised server legal responsibilities

[Ian Masters <ian () pineapple co jp>]

This may be a little off topic, but I think it might apply to many users of 
this list.

Do any of our USA list members know if there are any American laws directly 
pertinent to the legal responsibilities of the owner of a server that has 
been compromised and used to attack a third party.

It looks to me as though even under Tort law it would be difficult to bring 
a case, where there is no contract between the the owner of the damaged 
server and the owner of the compromised server.

If anyone has any information to the contrary, I'd be very grateful to hear 
about it. If you're able to point me in the direction of any resources I'd 
also be very grateful. The only documents of any use I've been able to find 
is at

http://rr.sans.org/legal/liability.php
http://rr.sans.org/legal/law.php

and the legal section generally:

http://rr.sans.org/legal/

Ian Masters
Pineapple Company 



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