Article: The Case Against Vicarious Gatekeeper Liability

21 FLA. ST. U. BUS. REV. 43

19 Pages Posted: 10 Apr 2023

See all articles by Daniel Harris

Daniel Harris

Chicago-Kent College of Law - Illinois Institute of Technology

Date Written: August 16, 2022

Abstract

A 2020 article in the Georgetown Law Journal by Professor Rory Van Loo urges changing the common law to make internet gatekeepers such as Google, Amazon, and Facebook strictly liable for wrongs accomplished through the use of their platforms, even when the gatekeeper did nothing wrong and the actual wrongdoer was not an agent or employee of the gatekeeper. This Article argues that the Van Loo proposal should be rejected. The Van Loo proposal generates results contrary to the common sense of justice. It also goes too far in reducing liberty, privacy, and free speech. To minimize their liability under the Van Loo standard, internet companies would have to monitor and regulate the personal lives of their users in minute detail. Moreover, prosecutors could use the threat of liability under the Van Loo standard to turn internet gatekeepers into government censors and police spies.

Keywords: vicarious liability, respondent superior, torts, corporations and internet, Tort

JEL Classification: vicarious liability, respondent superior, torts, corporations and internet, Torts

Suggested Citation

Harris, Daniel, Article: The Case Against Vicarious Gatekeeper Liability (August 16, 2022). 21 FLA. ST. U. BUS. REV. 43, Available at SSRN: https://ssrn.com/abstract=4191673 or http://dx.doi.org/10.2139/ssrn.4191673

Daniel Harris (Contact Author)

Chicago-Kent College of Law - Illinois Institute of Technology ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

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