Government policymakers have been hoping for twenty years that companies will be driven to good cybersecurity by the threat of tort liability. That hope is understandable. Tort liability would allow government to get the benefit of regulating cybersecurity without taking heat for imposing restrictions directly on the digital economy.
Those who see tort law as a cybersecurity savior are now getting their day in court. Literally. Mandatory data breach notices have led, inevitably, to data breach class actions.
Read why tort liability for data breaches cannot improve the prevailing cyber security situation on Washington Post.