On Civil Liability Of Spyware Tort

Spyware is a kind of software that installed in computer user's computer, it installed by spyware user without computer user's consentment or although spyware user get computer user's consentment but the function of spyware is beyond the function which spyware user tell during the installment ,or use a fraud tell manner to tell the computer user, or force the spyware run , or dosen't offer computer user a method that can easily and fully uninstall all the module of the software ,and its function s are as follow: control,destroy computer software and hardware; force computer's behavior; scout computer user's behavior, steal or cheat computer user's private information. As restrained by the contractual related concept, contractual law is hard to control spyware, so, civil liability spyware damage is mainly tort liability, spyware should be regulated by law of tort .Compared with other tort, spyware tort has its speciality, and its subject has complexity, different subject has different delict, spyware user and direct user are necessary for spyware tort link, direct user is the key figure of spyware tort link. Subject status may overlap, when overlap occur, if the subject has behavior of direct using, it may cognized as direct user. The behavior of spyware maker only making spywre and spyware disseminator only diffuse spyware dosen't have direct infringement on computer user, in that case, it's not tort. Spyware direct user's delict include: control,destroy,force to behave, monitor and scout, steal. Internet service provider violate duty of care, infringe computer user's right and interests by negative act, should be cognized as spyware tort.The assumement of spyware general tort include: cease the infringing act, eliminate ill effects, rehab, extend a formal apology, restitution of property, damages. Direct user infringe on purpose should assume punitive damage.Joint tort-feasors shoud assume joint and several liability, the mode of assumement coincide with general tort.