Judge Graffeo wrote an extremely encouraging and forward-thinking opinion regarding whether the common-law cause of action of conversion applies applies to electronic computer records and data. In Thyroff v. Nationwide Mut. Ins. Co., the New York Court of Appeals held that the cause of action of conversion can apply to electronic computer records and data, refusing to expand its holding beyond the certified question that specifically stated electronic computer records and data.
The decision is encouraging because Judge Graffeo analyzes the development of conversion through history and recognizes that changing societal attitudes and technology warranted change in how this cause of action encompassed property. Perhaps courts around the country can look to this decision in thinking about other important topics where the law has not kept up with advancements in technology -- i.e., copyright law.
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