Abstract

Against the threat of online banking theft, governments are imposing two different types of legal schemes: strict liability and negligence. Countries like the U.S. are imposing strict liability on online banking transactions to ensure that service providers like banks take more care. However, under strict liability banks does not provide adequate client security measures. Countries like Korea are imposing burden of proof on online banking transactions to ensure that general public take more care and reduce burden of accident prevention on banks. However, under burden of proof service providers are developing and providing excessive number of client security measures for their users. In each legal regime online banking security configurations are not consistent with the original intention of the related liability scheme. This paper investigates using microeconomic models how unique characteristics of information technology changed traditional working mechanism of the liability scheme with microeconomic models and it also provides practical implications for managers.

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