This really makes me angry. A guy in Florida is suing the Bank of America because he had a Trojan Horse (a type of Virus) on his computer that resulted in money being stolen from his bank account. His lawyers are claiming that the bank knew about the dangers of such Viruses, and didn’t warn him. They also claim that the bank was lax in allowing such large transfers to a scam infested region of the world. The later complaint is the only one that is even remotely valid as far as I am concerned.
Think about it, the bank sets up an online banking system, they use SSL encryption, and do all the usual security stuff and market the service to their customers. Then along comes a guy, he doesn’t know much about PC’s, he apparently doesn’t have a decent up to date Virus scanner running, doesn’t know anything about securing his own computer, which when using Windows is VERY important, and his own computer gets infected by a Trojan horse program from something he did. (like visiting a malicious web page in Internet Explorer, or running a file in an E-mail).
The Trojan on his own computer results in his user details being stolen and he then claims the bank is at fault for not protecting him from his own ignorance and stupidity. If the bank was to notify it’s customers every time a new Virus comes out, they would be accused of spamming their clients, because about 1500 new Windows Viruses come out every month. With all the mainstream press new Viruses are getting these days, people have no excuse for not knowing they need an anti-virus product when using Windows.
If he was going to sue anyone, he should sue Microsoft for writing operating systems that made web browsing and reading E-mail dangerous. (don’t get any idea’s, if you clicked “I agree” to the Windows licence agreement, then you’ve agreed that Microsoft can only be liable for the amount the software cost you.) It is crazy to expect the bank to be liable because you didn’t take any steps to protect your own computer. That’s like suing your bank because you didn’t lock your house and somebody came in and stole your wallet.
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