Cyber Trespass: a Good Model to Follow? : Should the English legal system adopt the US law on cyber trespass?

Abstract

This thesis evaluates the law on cyber trespass. Cyber trespass is a new use of the tort of trespass to chattels developed in The United States of America. It seeks to answer the question whether, as another common law jurisdiction, the English legal system should adopt this new doctrine. It comes to the conclusion that, due to the underlying differences between the English and American laws on trespass to chattels, it would be unwise to adopt such a law. It goes on to suggest alternative laws that can be used instead of cyber trespass. It concludes that the best alternative would come from including civil liability under s.3 of the Computer Misuse Act 1990.

The thesis also looks at some of the legal issues surrounding the current crop of DRMS for computer games and their potential relationship with cyber trespass. It looks at whether cyber trespass can be applicable to such situations where there isnt the direct contact of an internet connection between the two parties. The answer to this question is unclear, and is likely to be different on both sides of the Atlantic due to the differences in trespass to chattels law.