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1 Introduction to E-commerce Law 08-09

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    The Law of E-Commerce

    Introduction to e-commerce law

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    Who am I?

    Deveral Capps

    CCE1 315

    0191 227 [email protected]

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    Lecture ProgrammeLecture Topic

    1 Introduction to e-commerce law

    2 Electronic Contracts

    3 Electronic Contracts

    4 Electronic Contracts

    5 Electronic Signatures and Security

    6 Consideration

    7 Consumer Protection

    8 Intellectual Property9 Intellectual Property

    10 Jurisdiction and Crime

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    Workshop Programme

    Workshop Topic

    1 Electronic Contracts2 Electronic Signatures and Security and Electronic

    Payments

    3 Consumer Protection for electronic contracts

    4 Intellectual Property and E-commerce

    5 Jurisdictional issues and electronic crime

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    Books

    There are numerous books available onthe topic of e-commerce, many are out

    of date.

    If any new books are published over the

    duration of this course, I will inform you.

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    Books

    Encyclopedia of Information Technology Law, Sweet and Maxwell, London

    M Chissick & A Kelman, Electronic Commerce Law and Practice, Sweet andMaxwell, London

    L Edwards & C Waelde, Law & the Internet, a framework for electroniccommerce, 2nd Edition, Hart Publishing, Oxford, 2000.

    C Gringras, The Laws of the Internet, Butterworths, London

    J Philips, Ed., Butterworths Information Technology Handbook, Butterworths,London

    C Reed, Internet Law: Text and Materials, Butterworths, London

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    Books (contd)

    C Reed & J Angel, Eds., Computer Law, 4th Edition, OxfordUniversity Press, Oxford

    D Rowland & E Macdonald, Information Technology Law, 2ndEdition, Cavendish Publishing, London, 2000

    S Singleton, E-Commerce: A Practical Guide to the Law, Gower,Aldershot, 2001

    P Todd, Electronic Commerce Law, Cavendish Publishing,2005

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    Online Materials

    You will need to supplement your studywith reference to online materials.

    Westlaw has a good range of electronicjournals.

    Numerous other updaters for e-commerce law.

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    Definitions

    What is meant by the term e-commerce?

    The concept of electronic commercecan be defined as using an electronicnetwork to simplify and speed up all

    stages of the business process, fromdesign and making to buying, sellingand delivering DTI 1999.

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    Further definitions

    at its simplest, e-commerce is thebuying or selling of goods and services

    of any kind on the Internet

    Irish Revenue Commissioner 1999

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    e-commerce at its simplest

    E-commerce is the term used todescribe the electronic creation of a

    contract, normally which is for goods orservices

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    How can e-commerce be

    effected?E-commerce can be effected in twomain ways.

    1. Via the Internet.

    2. Via an electronic mail system(including EDI type systems)

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    Who takes part in e-

    commerce?E-commerce is undertaken by two mainrecognisable groups.

    Consumers

    Business

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    How do these groups interact?

    1. Business to Business (B2B)

    2. Business to Consumer (B2C)

    3. Consumer to Consumer (C2C)

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    Why do e-commerce?

    There is only one reason whybusinesses like e-commerce.

    Profits

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    Why do e-commerce?

    Profits are increased because of the benefitsof Internet shopping for consumers. Theseare:

    24/7 opening which means utter flexibility;

    Worldwide market; and

    Cost/price of the goods.

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    Why do e-commerce?

    There is a belief that goods bought fromthe Internet are cheaper.

    This is not always so.

    However, business overheads are oftenlower.

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    Why do e-commerce?

    Why are overheads lower? Theseapply to internet only businesses.

    - No shop space required savingrent, insurance, lights, heating.

    - Fewer staff required savingwages, staff training, insurance.

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    Straw Poll

    How many of you have boughtsomething from the Internet?

    This includes plane tickets, train tickets,CDs/DVDs from America, books?

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    Statistics

    In November 2002, 1 billion pounds wasspent on online purchases in the UK

    Between 1st December and 8thDecember 2002, 2 billion dollars wasspent on online purchases in the USA.

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    Statistics

    2004 GBP 71.1 billion

    (e-commerce Survey of Business)

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    Statistics

    Online sales grow each year

    IMRG estimates that UK online retailsales are growing three times fasterthan in the US.

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    Global Internet Usage 2002

    Africa 6.31 million

    Asia/Pacific 187.24 million

    Europe 190.91 million

    Middle East 5.12 million

    Canada & USA 182.67 million

    Latin America 33.35 million

    World Total 605.60 million

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    Internet Usage StatisticsCountry August 2005

    Australia 9,881,438

    Brazil 11,630,195

    France 15,278,597

    Germany 29,576,985

    Italy 16,231,011

    Japan 39,001,846

    Spain 9,846,290

    Sweden 4,700,804

    Switzerland 3,501,981

    United Kingdom 22,792,544

    United States 140,589,403

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    Current Internet Usage

    1.08 billion

    (Computer Industry Almanac)

    Projection for 2010 - 1.8 billion

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    Access to the Internet

    A year ago, only 46% of Internet usersin the UK were broadband enabled.

    But growth has been sharp and swift,and now nearly 75% of surfers are

    using high-speed connections

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    Where do people access the

    Internet from?

    88% at home

    48% at work

    29% at another persons home

    13% at a place of education

    10% at a public library

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    How do people access the

    internet?

    85% via a desktop computer

    28% by a laptop

    22% mobile phone

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    Email Statistics

    According to Europemedia: Italians sent70 billion email messages in 2002.

    The research indicates that around 160million messages were sent daily by

    business users, while home users sent20 million on average.

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    More statistics

    Italian employees spend approximatelytwo working hours a day sending and

    receiving an average of 70 messages aday.

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    Email Statistics

    550 million emails were sent and

    received by British households duringJanuary 2002 alone.

    A third of all email sent is spam (E-Commerce Times)

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    Email Statistics

    20th March 2002

    Email became more popular than

    postal mail in the UK, with the numberof emails being sent and received from

    households exceeding letters. -NetValue

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    Development of

    e-commerce lawGiven the global nature of e-commercelaw, there has been a global response

    to the legal issues.

    Europe has issued numerous Directives

    ensuring that all European Statesdevelop similar laws.

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    European Directives

    European Directives have led to:

    Electronic Communications Act 2000

    Electronic Commerce Regulations 2002

    Consumer Protection (Distance Selling)Regulations 2000.

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    Blackboard

    Full use will be made of Blackboard.

    This includes:

    Workshop materials

    Lectures (electronic recordings)

    Up to date book lists

    Discussion Board


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