Laws are enacted by govt. and developed through case
precedents. Laws are strict legal rules governing the acts of all citizens within their jurisdictions. If a person breaks the law, they have done something illegal and can be held liable for punishment by the legal system. Ethics is a branch of philosophy that deals with what is considered to be right and wrong.
Understanding Ethical, Social, and Political Issues in E-commerce Internet technology and its use in e-commerce disrupts existing social and business relationships and understandings. Costs and benefits of technology must be carefully considered, especially when there are as yet no clear-cut legal or cultural guidelines.
Unique Features of E-Commerce Technology and Their Potential Ethical, Social and/or Implications Ubiquity technology is available everywhere Global reach The technology reaches across the boundaries Universal standards there is one set of standards Richness video, audio, text messages are possible Interactivity It works with the user Information density Technology reduces information costs, raises quality Customization The technology allows deliver a personalized as well as group messages.
Issues Issues raised by Internet and e-commerce can be viewed at individual, social, and political levels Four major categories of issues Information rights Property rights Governance Public safety and welfare Issues Information rights : what information rights do individuals and organizations posses with respect to information about themselves. Property rights Governance Public safety and welfare Legal issues and Ethical issues Privacy : It is the right to be left alone and the right to be free of unreasonable personal intrusions. Collecting information about individuals By reading an individuals newsgroups postings. By looking up an individuals name and identity in an internet directory By conducting surveillance on employees By asking an individual to complete a website registration By recording an individuals actions as they navigate the web with a browser, usually using cookies. Ms product called passport is beginning to raise some of the same concerns as cookies. Critics say that passport affords the same opportunities as cookies to invade an individuals privacy. They also feel that the product gives MS an unfair competitive edge in EC. Legal issues and Ethical issues Protection of privacy Notice/awareness. Consumers must be given notice of an entitys information practices prior to collection of personal information. Choice/consent. Consumers must be made aware of their options as to how their personal information may be used. Access/participation. Consumers must be able to access their personal information and challenge the validity of the data. Integrity/security. Consumers must be assured that their personal data are secured and accurate. Enforcement/redress. A method of enforcement and remedy must be available. Legal issues and Ethical issues Protection of privacy in US various committee are made Federal Internet Privacy Protection Act Consumer Empowerment Act Federal Trade Commission Legal issues and Ethical issues Intellectual property rights It refers to Creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Four main types of intellectual properties Copyright, Trademarks, Domain Names, and patents. Legal issues and Ethical issues Copyright : An exclusive grant from the government that allows the owner to reproduce a work, in whole or in part, and to distribute, perform or display it to the public in any form Literary works ( e.g. books and s/w) Musical works (compositions) Dramatic works ( plays) Artistic works ( drawings, paintings) Sound recordings, films, broadcasts, cable programs. or manner, including the internet. Legal issues and Ethical issues Trademarks : it is symbol used by businesses to identify their goods and services. The symbol can be composed of words, designs, letters, numbers, shapes, a combination of colors, or other such identifiers. Use the trademark on goods and services for which the trademark is registered. Take legal action to prevent anyone else from using the trademark without consent on goods and services for which the trademark is registered. Legal issues and Ethical issues Domain names: a variation of a trademark is a domain name. Network solutions Inc. Cyber squatting. Legal issues and Ethical issues Patents: a patent is a doc that grants the holder exclusive rights on an invention for a fixed number of years Copyright 2004 by Prentice-Hall. All rights reserved. Uniform Computer Information Transactions Act (UCITA) of 1999 A model state law that provides uniform and comprehensive rules for contracts involving: computer information transactions software licenses information licenses Copyright 2004 by Prentice-Hall. All rights reserved. E-Mail Contracts E-mail is sometimes the method used to negotiate and agree on contract terms and to send and agree to the final contract. Assuming that all of the elements to establish a contract are present, an e-mail contract is valid and enforceable. Printing a paper version of the electronic contract from the e-mail message meets the writing requirement of the Statute of Frauds. Copyright 2004 by Prentice-Hall. All rights reserved. Electronic Communications Privacy Act Makes it a crime to intercept an electronic communication At the point of transmission While in transit When stored by a router or server After receipt by the intended recipient Copyright 2004 by Prentice-Hall. All rights reserved. Internet Domain Names Domain name a unique name that identifies an individuals or companys Web site. Domain names may be registered by filing the appropriate form with the domain name registration service and paying the appropriate fee. Copyright 2004 by Prentice-Hall. All rights reserved. Anticybersquatting Consumer Protection Act of 1999 Aimed at cybersquatters who register Internet domain names of famous companies and people and hold them hostage by demanding ransom payments from the famous company or person. The name must be famous. The domain name was registered in bad faith. Copyright 2004 by Prentice-Hall. All rights reserved. Licensing of Informational Rights Intellectual property and information rights are valuable assets of individuals and businesses. License a contract that transfers limited rights in intellectual property and informational rights. Copyright 2004 by Prentice- Hall. All rights reserved. Licensing Arrangement License (transfer of rights in intellectual property or information) Licensor Licensee Copyright 2004 by Prentice-Hall. All rights reserved. Licensing Arrangement (continued) Licensor The owner of intellectual property or informational rights who transfers rights in the property or information to the licensee.
Licensee The party who is granted limited rights in or access to intellectual property or informational rights owned by the licensor. Copyright 2004 by Prentice-Hall. All rights reserved. Exclusive License A license that grants the licensee exclusive rights to use informational rights for a specified duration. Copyright 2004 by Prentice-Hall. All rights reserved. Licensing Agreement Detailed and comprehensive written agreement between the licensor and licensee. It sets forth the express terms of their agreement. Copyright 2004 by Prentice-Hall. All rights reserved. Software and Information Access Contract Grants the licensee the right to access information in the possession of the licensor. For an agreed-upon time or number of uses. The licensees access to the information must be available at times and in a manner that complies with the express terms of the contract. Copyright 2004 by Prentice-Hall. All rights reserved. Licensing Information Technology Rights The Uniform Computer Information Transactions Act (UCITA) creates contract law for the licensing of information technology rights. Copyright 2004 by Prentice-Hall. All rights reserved. Licensing Information Technology Rights (continued) The UCITA covers the following aspects of licensing information rights: Formation of a contract Authenticating the record Attribution procedure Performance Warranties Breach of license agreements Limitations of remedies Copyright 2004 by Prentice-Hall. All rights reserved. Other Key Legislation Uniform Electronic Transactions Act (UETA)
Electronic Signature in Global and National Commerce Act Copyright 2004 by Prentice-Hall. All rights reserved. Performance A party to a licensing agreement owes a duty to perform in a manner that conforms to the contract. Each party owes a duty to tender performance when performance is due. Risk of loss of the copy Acceptance of a copy Excuse of performance