Luật học - Chapter 26: E - Commerce law

This is the prescribed textbook for your course.Available NOW at your campus bookstore!E-commerce lawChapter 26Learning objectives At the end of this chapter you should understand:the term ‘e-commerce’the description of an electronic signature and the way to distinguish it from a digital signaturethe implications of the emergence of e-commerce for the law of contractthe purpose of the federal government’s Australian Guidelines for Electronic Commercehow the law has addressed the issue of intellectual property in the electronic environment, and how it is protectedLearning objectives (cont.)the term ‘domain name’ and the system for registration of domain names and the resolution of disputes regarding domain namesthe term ‘cyberstuffing’how the law protects privacy in the online environmentthe impact of e-commerce on the banking industry and the purpose of the Electronic Funds Transfer Code of Conductthe term ‘computer crime’ and how the law has adapted to address the rise of computer crime.IntroductionE-commerce is characterised by several attributes:It is about the exchange of digitised information between parties.It is technology enabled and mediated.It includes intra- and inter-organisational activities that support the exchange of digitised information.E-commerce and contract lawE-commerce legislation aims to promote business and community confidence in the use of electronic transactions by ensuring the law treats electronic commerce and paper-based commerce equally.The Electronic Transactions Act 1999:removes legal impediments that may prevent a person using electronic communications to satisfy legal obligations under Commonwealth law.recognises an electronic signature.Australian Business Number Digital Signature CertificatesDeveloped by the Australian governmentA digital certificate linked to an entity’s Australian Business NumberAccepted by Commonwealth agencies as identification for online transactionsMaking contracts electronicallyMany contracts are entered into by parties who never meet face to face.It is now common for people to purchase goods through the internet.For a contract to exist, the following elements are essential:Intention to create legal relationsOffer and acceptanceForm and/or considerationCapacity to contractReality of consentTerms of a contractSpecific contract issues in the online environmentE-commerce and agencyConsumer protectionACL applies within Australian jurisdictionMisleading and deceptive conductNon-excludable guaranteesSpecific intellectual property issues in the online environmentCopyrightTrademarksPatentDomain names:Registration does not give proprietary rightsParty holds a licence to use the domain name, for a specified period of time and subject to certain conditionsOnce registered, the domain name cannot be registered by any other person in Australia or elsewhere.Internet Corporation for Assigned Names and Numbers (ICANN).auDomainAdmisnistrationLimited (auDA)Uniform Domain-Name Dispute-Resolution Policy (UDNRP)Specific issues in the online environmentCyberstuffing—the embedding of meta tags in a websiteDeep hyperlinking—the practice of linking directly to the contents of another website.SPAM—unsolicited commercial electronic messagesSPAM ACT 2003 (Cwlth)Australian Communications and Media Authority (ACMA) is responsible for enforcing the provisions of the SPAM Act.Jurisdictional issues in the electronic environmentA particular problem in the electronic environment is which country or state’s laws may govern a particular case.The courts in Australia have confronted this question in a number of cases.Privacy and data protectionThe Privacy Act 1988 applies to protect the private sector.It applies equally to website operators who fall within the definition of an ‘organisation’.If an organisation collects personal information online, it must make sure it complies with the privacy legislation.Electronic bankingThe banking industry has changed as a result of the development of electronic funds transfer systems (EFTS).EFTS are regulated by both the common law and statute.The EFT Code of Conduct 2002:addresses the rights and obligations of parties involved in electronic funds transfersis monitored by ASIC.E-commerce and crimeWith the advent of digital technology, computer crime has emerged. This includes crimes where computers:are the object of the crimeare the instrument used to carry out the crimeprovide the environment required for the commission of the crimeprovide a symbol of a system or set of circumstances that facilitate perpetration of the crime.Existing common law and statutes have been amended to cover computer crime.