[Cryptography] Yahoo is sued for gross negligence over huge hacking

[Phillip Hallam-Baker]

In general, a contract cannot exclude claims for negligence. The fact that
a contract purports to do so does not mean that it does. The principle that
negligence claims are inalienable goes back to Roman times. And it has a
major impact on attempts to replace instruments like letters of credit
because it is not possible to construct the equivalent of a letter of
credit using contract law.

Yahoo/Verizon may be able to enforce clauses preventing class action suits
or requiring binding arbitration or they may not. Same goes for application
of California law.

Since I am not a lawyer the only thing close to legal advice I would give
is never put yourself in a situation in which you are relying on such
contract terms to avoid costly damages. The most expensive security experts
will cost you less than the cheapest lawyers, why? Because if you get to
the lawyers stage you will be hiring them along with the lawyers as expert
witnesses.
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