2. Learning Objectives
⢠Laws that govern electronic commerce activities
⢠Laws that govern the use of intellectual property by
online businesses
⢠Online crime, terrorism, and warfare
Electronic Commerce, Ninth Edition 2
3. Learning Objectives (contâd.)
⢠Ethics issues that arise for companies conducting
electronic commerce
⢠Conflicts between companiesâ desire to collect and use
data about their customers and the privacy rights of
those customers
⢠Taxes that are levied on electronic commerce activities
Electronic Commerce, Ninth Edition 3
4. The Legal Environment of Electronic
Commerce
⢠All businesses:
â Must comply with the same laws and regulations
â Face the same set of penalties
⢠Web businesses face additional complicating factors
â Web extends reach beyond traditional boundaries
⢠Subject to more laws more quickly
⢠Web businesses are international businesses
â More interactive and complex customer relationships
⢠Due to increased communications speed and efficiency
Electronic Commerce, Ninth Edition 4
6. Borders and Jurisdiction
⢠Physical world of traditional commerce
â Territorial borders clearly:
⢠Mark range of culture
⢠Mark reach of applicable laws
⢠Physical travel across international borders
â People made aware of transition through:
⢠Formal document examination
⢠Language and currency change
Electronic Commerce, Ninth Edition 6
7. FIGURE 7-1 Culture helps determine laws and ethical standards
⢠Geographic influences of areaâs dominant culture
â Limit acceptable ethical behavior and laws adopted
⢠Culture affects laws directly and indirectly
â Through its effect on ethical standards
Electronic Commerce, Ninth Edition 7
9. Borders and Jurisdiction (contâd.)
⢠Power
â Form of control over:
⢠Physical space
⢠People and objects residing in physical space
â Defining characteristic of statehood
â Effective laws require effective enforcement
â Effective enforcement requires ability to:
⢠Exercise physical control over residents
⢠Impose sanctions on violators
Electronic Commerce, Ninth Edition 9
16. Descarte:
Text
Once you start it might lead to something bad
17. Advertising Regulation
⢠Policy statements cover specific areas
â Bait advertising
â Consumer lending and leasing
â Endorsements and testimonials
â Energy consumption statements for home appliances
â Guarantees and warranties
â Prices
⢠Other regulatory agencies
â Food and Drug Administration (FDA); Bureau of
Alcohol, Tobacco, and Firearms (BATF); Department of
Transportation (DOT)
Electronic Commerce, Ninth Edition 64
23. Privacy Rights and Obligations (contâd.)
⢠Opt-out approach
â Assumes customer does not object to companyâs use of
information
⢠Unless customer specifically denies permission
⢠Opt-in approach
â Company collecting information does not use it for any
other purpose
⢠Unless customer specifically chooses to allow use
Electronic Commerce, Ninth Edition 78
31. Congress shall have the the power to
âpromote the progress of science and
useful arts, by securing for limited times
the authors and inventors the exclusive
right to their perspective writings and
discoveriesâ
Article 1, section 8
Article 1, section 8
Article 1, section 8
34. Trademark is âany word name,
or device or combination
thereof... Used in commerce...
To identify and distinguish
goods from those
manufactured or sold by
others and to indicate the
source of the goodsâ
48. Online Crime
⢠Online versions of physical world crimes
â Theft, stalking, pornography distribution, gambling
⢠New online crime
â Commandeering computer to attack other computers
⢠Law enforcement obstacles
â Jurisdiction issues
⢠Tricky to determine
â Prosecuting across international boundaries
⢠Internet provides new life to old fraud scams
â Advance fee fraud
â Nigerian scam (419 scam)
Electronic Commerce, Ninth Edition 66
50. Online Crime, Terrorism, and Warfare
⢠Internet
â Opened up worldwide possibilities for people to
communicate
â Opened doors for businesses to:
⢠Reach new markets
⢠Create opportunities for economic growth
â Useful tool for perpetrating crimes, conducting
terrorism, waging war
Electronic Commerce, Ninth Edition 65
Universalization immanuel kant the idea needs to work every where
Descarte once you start it might lead to something bad in the future
In europe its illegal to retarget
1) Beware the Wolf in Sheep's Clothing: While your biggest concern may be the loss of credit card information, the fact is that much litigation is coming from inside jobs. Maintain your data internally on a "need to access" basis, and be vigilant in guarding against employee and contractor misappropriation. Don't let those with access to your data do any affiliate marketing on the side, for instance, and have strong written contracts with employees and contractors that will discourage the "borrowing" of your data. 2) Use Salt Liberally: Place your own (preferably fictitious) personally identifiable information in your databases so if they are stolen you will be the recipient of the end use of the data. Banks have been doing this for years. It's called "salting". Sprinkle into your databases information like an anonymous email address so if your data is stolen you'll get an email if someone decides to spam with it. 3) Put it on the Other Guy: No, don't just blame someone else. That's nothing new. Actually anticipate this issue arising and guard against assuming liability brought about by others. Make sure you have indemnification provisions in your web development, web hosting and other third party contracts so if the access is not your fault, you can look to a third party for reimbursement of your losses. 4) Under Promise, Over Deliver: Make sure that your privacy practices are well understood internally and are accurately set forth in your privacy policy. Make sure that your privacy policy provisions do not conflict with your User Agreement and other contracts. And then make sure that your website content is consistent with your Privacy Policy and privacy practices. This is where you will get nailed by the Federal Trade Commission and others even if the loss was not due to your own neglect. Don't promise more than you are prepared to deliver. And in doubt, under promise. For most businesses, you can offer up no promises about data security in your privacy policies and avoid this contract based obligation. Other laws may apply if you have a data loss, but at least you will have limited your exposure.Â
3) Google loses in New York City and has to identify an anonymous blogger. Expect an appeal.
Copyright is on a process or item Trademark is on an item itself
Yet Another (Yes, Another) Study Shows File Sharers Buy More ( Studies ) by Mike Masnick from the how-many-more-do-we-need? dept on Monday, November 2nd, 2009 @ 10:44AM Pretty much every single non-industry-backed study has shown this same thing, but just for the record, here's yet another study showing that those who engage in unauthori zed file sharing end up buying more media . The study, looking at the UK (home of the new proposal to kick people off the internet), wasn't even close. Those who engaged in unauthorized file sharing tended to spend ÂŁ77 on media per year, while those who did not spent about ÂŁ44. And yet file sharers are the enemy? And the industry wants to kick them offline so they discover less new content? How will that hel
U own the song can you copy it on your computer and back it up and use it for the ipad iPod.... The lawers have been arguing about this
4) Oprah files suit in federal court in New York against a laundry list of defendants allegedly using her name and/or likeness to sell products online. ant destitute for sure. The original verdict was for $9,250 per song. The new verdict is for $80,000 each song. The verdict has increased from $222,000 to $1.92 Million. And these groups, headed up by the Elec
Kentucky trying to sue for gambling rights
Amazon has fired all of its affiliate marketers in Rhode Island and North Carolina. Overstock.com has done them two better, and just announced the termination of affiliates in North Carolina, Rhode Island, Hawaii, and California in response to taxation issues.
