One might ask oneself what exactly it means to sue in tort and how it relates to computer crime. Tort refers to damages that were accrued and could entitle a victim to financial compensation from the individual/business who is thought to be responsible.
"Tort" is also an actual body of law that exists to restore justice if an unethical action occurs in a non-binding situation. Many times, the word "tort" is thrown around in the case of an injury. However, it can also be used when commenting on cases of intentionally malicious acts or negligence. The victim must prove in court that the acts committed against them were caused with intent, a motive, or by negligence, in order to receive financial restitution for their suffering based on tort law. In the case of a computer crime, it may or may not be easier to prove that someone committed a crime in this manner against a victim depending on the circumstances.
For example, if there are proven documents or e-mails submitted online that serve as concrete proof against a criminal that he or she committed a computer crime, it may be much easier to sue them in tort. However, if a computer crime is committed on the internet and there is not much of a paper trail to support the crime, prosecuting someone may become a bit more difficult.
It is also much easier to prosecute in cases of a computer crime known as "cyberstalking" due to the distribution of e-mails, history of chat session, etc. However, in other computer crimes like phishing scams and identity fraud, it may be much harder to track down the suspect in order to enforce the tortious act. Most of the time, these criminals have struck more than once and they tend to know their way around the internet. Although many times these criminals can be caught.
