Sample Law Essay

Discussion Response

Target employees are tasked with monitoring the system to detect signs of a security breach. Therefore, the alert sent by FireEye should have been responded to as soon as it was detected. On the other hand, the detection equipment by Target was hi-tech, and so instances of fraudulent activities should have been detected and dealt with faster and more efficiently. The situation was not remedied until Target was forced to reimburse money lost during the data breach. In March, through a lawsuit brought by its customers, Target paid out $10 million, while in August, Visa received $67 million. In December, several U.S. banks received $39 million in relation to the same hack.

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General negligence was the initial cause of action, therefore, from a legal perspective, the remedy provided for the case was not enough. Corpora et al. explain that in order to prove negligence, one is required to prove ‘duty, causation, breach and damages’ (38) which in the case of Target’s breach, duty was the only aspect of negligence that was tried. However, the court ruled that Target had three distinct duties in relation to the data breach. They included a prohibition from disabling any security features that would protect against data breach, a duty to safeguard customer data, and a duty to act on warning signs and alerts about an attack.

In order to avoid compromising customer data, a company like Target with advanced threat detection equipment needed to ensure that threats and warnings were responded to in a timely manner. On the other hand, Target portrayed itself as a company with secure data systems yet it had taken affirmative steps to disable some of the security features on its system, leaving it vulnerable to attacks.

Works Cited

Corpora, Angelo J., Limer, Joseph P., Beatty, Jeffrey F., Samuelson, Susan S., SánchezAbril, Patricia, Bardes, Barbara A., Shelley, Mack C., Schmidt, Steffen W., Carper, Donald L., and McKinsey, John A.. Introduction to Law: Palomar College LS 121, 5th ed. Boston, MA: Cengage Learning, 2016. Print.

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