Alberto Bernabe’s 2015 essay in the Journal of Information Technology & Privacy Law on a Georgia Court of Appeals decision that was widely reported as the first case to impose a duty on parents to supervise their children’s internet use.
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Core argument
Bernabe argues the Georgia case has been misinterpreted. It does not create a duty to supervise children’s internet use, and it does not hold parents vicariously liable for their children’s online conduct. It recognizes a possible cause of action against parents by applying established tort principles to a new situation, not by inventing a new duty.
Bernabe also flags an issue left unresolved by the court that could, if addressed later, open the door for a new approach to certain claims.
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