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The complexities of jurisdiction and enforcement in electronic commerce, discussing various legal systems, taxation laws, criminal laws, contract formation, security issues, privacy concerns, and consumer protection. It also covers specific areas of concern such as defamation, security, copyright, trademark, and consumer issues.
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The Internet transcends geographic borders ,there are no laws or borders on the Internet.There is no ‘Lex Internet’. Different countries have different
Legal systems Criminal law consumer protection legislation etc
Which taxation laws apply? Which criminal laws apply? When is copyright breached? What laws apply to contracts agreed upon overthe Internet. Are ‘clickwrap’ agreements enforceable?
The Yahoo case
The Adelaide Institute
Minimum contact with Territory
Gutnik’s case
General problem areas Application of paper based law to electronic transactions Formation of contracts Admissibility of evidence Authentication integrity of electronic communication Record retention and management The need for regulation or let the market find its ownbalance Should there be more self regulation and codes ofpractice or unified International body of law
Offer, acceptance , digital signatures
“clickwrap contracts”
TPA, Goods Act
What is it. Why is it an issue for managers? Is it a legal issue? Encryption Keys Security over transactions Security over web sites
Hot issue Gives security but conflicts with needs ofnational security. Should the government be allowed to accessprivate communications. Is it essential for business?
There are about 65 current systems available formaking simple transactions. Range from the sophisticated digital coin systemto variations on the credit card and chequesbased systems called cheques in the net. Credit cards seem to have won the day
Need for consumer protection Code of conduct for smart card and stored valuecards What are the legal problems?
Competitive pricing of payment services toensure equal access to all consumers Consumer protection from fraud Right to choice of institutions and paymentmethods Transaction privacy, safe record keeping andproof of payment Managing information privacy Risk management.
