EC - Issues & Disputes among Ecommerce (Lesson)

Issues & Disputes among Ecommerce

Introduction

Cyberlaw, also known as information technology law or Internet law, is the body of law relating to the Internet and computer offenses. Cyberlaw is one of the newest areas of the legal system and is constantly evolving. Through ecommerce activities, these offenses can be vast. Legal issues and disputes can involve copyright, jurisdiction, privacy, communications, intellectual property, trademarks, and more. These legal issues relate to the use of the Internet through personal and business computers, cellphones, and other electronic devices.

In this lesson, we will take a look at some of the many areas in which legal issues and disputes may rise through personal and business ecommerce activities. The focus will be primarily on authentication, digital signatures, domain names, and laws applicable to ecommerce.

Areas Where Legal Issues & Disputes Arise

Now we will review some of the areas where legal issues and disputes may arise. We will also take a look at some of the laws enacted through the growth and development of ecommerce.

Review the presentation below with information about digital signature, authentication, and domain names.

Now, take a closer look at some of the laws enacted through the growth and development of ecommerce.

LAW	FACTS
Lanham Act of 1976	Provides for the registration and protection of trademarks and copyrights
Trademark Dilution Act of 1996	Attempts to protect the holders of famous trademarks from the effects of domain-page registrations that tend to confuse ad dilute the trademark’s goodwill
Computer Fraud and Abuse Act	Pioneered the treatment of computer-related crimes as unique offenses in the US Code, often amended as ecommerce evolves
Telecommunications Act of 1996 (also known as The Communications Decency Act of 1996 (CDA) )	Makes it criminal to knowingly transport obscene material through interactive computers or interstate or foreign commerce for sale or distribution CDA gives protection from defamation suits to Internet service providers
Child Online Protection Act of 1998	Makes it a crime for site operators to fail to use proper technology and methodology to prevent minors from accessing “harmful” material
Fraudulent Online Identity Sanctions Act of 2004	Increased potential prison sentences by up to seven years for someone who provided “material and misleading” false contact information to a domain name registrar, domain name registry, or other domain name registration authority
Electronic Signatures in Global and National Commerce Act (e-sign)	Federal law to facilitate the use of electronic records and electronic signatures in interstate and foreign commerce by ensuring the validity and legal effects of contracts entered into electronically
Uniform Electronic Transactions Act (UETA)	Purpose is to harmonize state laws concerning retention of paper records, especially checks, and the validity of electronic signatures
Gramm-Leach-Bliley (GLB) Financial Services Act	Reformed the financial services industry and addressed concerns relating to consumer financial privacy
Government Paperwork Elimination Act (GPEA)	Requires federal agencies, when able to be done, to use electronic forms, electronic filings, and electronic signatures to conduct official business with the public
Anti-Cybersquatting Consumer Protection Act (ACPA)	Provides trademark holders with a right of action against anyone who registers, traffics in, or uses a domain name that is identical or similar to an established trademark, with a bad faith intent to profit from it
CAN-SPAM Act of 2003	Federal statute regulating unsolicited commercial email

Let's Review!

Take a moment to participate in the following activity to practice your understanding of the topics in this module. Reach out to your instructor if you have any questions.

Final Thoughts

With the increasing use of the Internet and web-based access, the boundaries of ecommerce are rapidly expanding. With the recent ecommerce developments, it is evident that the possibilities through ecommerce are endless. That being said, it is also clear that issues and disputes are inevitable. Online fraud has grown at a great pace. Consumers and businesses alike need to be aware of the many sophisticated tactics of criminals as well as the growing legal remedies available to them if they fall victim of such a situation.

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