2006 - Dr Alan Davidson 

Welcome to the Law of Electronic Commerce.

During the time allocated we shall be dealing with a number of discreet topics in the field of the Law of Electronic Commerce.

  MODULES

1. Introduction - Legal Issues of Electronic Commerce - Regulation of Electronic Commerce

2. The Role of Information Security; Security, Encryption, Confidentiality and Digital Signatures

3. Electronic Contracts

4. Electronic Signatures

5.  Jurisdiction

6.  International Electronic Commerce Perspective

7. Finance, Banking and the Internet (Digital Cash)

8. CyberCrime, Gambling, Censorship, Spam

9.  Privacy

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PowerPoint Slides

Introduction

Security

Electronic Contracts

Electronic Signatures

Jurisdiction

International Perspective

Banking

Cybercrime

ELECTRONIC COMMERCE LAW

Course Profile

Course Description, Rationale and Aims

The subject deals with a wide range of electronic commerce issues. The Australian and international approaches to regulating cyberspace and the Internet are discussed. Topics include: electronic data interchange, jurisdictional analysis of business transaction, banking and finance regulations and codes of practice, digital cash, Smart cards, electronic sale of goods (including the impact of the Vienna and other conventions), The Electronic Transactions Acts, UNCITRAL Model Law on Electronic Commerce, digital letters of credit, bills of exchange and other negotiable instruments, the electronic use of trade and business names including domain names, security of electronic transactions, encryption, audit practices, computer and electronic fraud and crime, online intellectual property issues and consumer protection.

The aim of this subject is that each student should:

(a)        develop an understanding of the law and regulatory processes applicable to Electronic Commerce;

(b)        develop basic skills in the recognition of and legal problems associated with Electronic Commerce; the expression of legal reasoning, the analysis of practical problems and the application of legal principles;

(c)        develop an appreciation of the context in which Electronic Commerce operates and is regulated;

(d)        develop basic skill in relation to Electronic Commerce including electronic communication and the internet.

Objectives and Goals

On completion of this unit, students should be able to:

(a)        identify areas of law affecting Electronic Commerce;

(b)        analyse the principal areas of national and global regulation and governance of Electronic Commerce;

(c)        consider the implications for bankers, merchants and commercial parties; (d) identify and analyse the legal nature and requirements surrounding the global Electronic Commerce market;

(e)        demonstrate the ability to apply the law studied to case studies and other seminar presentations.

 Contact Details

Course Co-ordinator

Teaching and Learning Modes

Topics

1. Introduction - Legal Issues of Electronic Commerce - Regulation of Electronic Commerce

• Discuss of aspects of electronic commerce and commerce and related IT applications that give rise to business, ethical and legal issues. 

• Business, commercial, ethical and legal considerations. 

• Introduction to the nature and extent of legal resources materials available in the internet. 

• Discussion of the application of the Law relating to electronic transactions - Compare and contrast rules applicable to choses in possession and choses in action

• Electronic Transactions Acts - Legislative response to electronic commerce          Identify legal issues inherent in electronic commerce -· including information security - (introducing security, encryption and confidentiality) electronic publishing - (introducing defamation) retail transactions; and utilising Web sites 

• Internet Regulation

 2. The Role of Information Security; Security, Encryption, Confidentiality and Digital Signatures

• Legal requirements for online communications - authenticity and integrity

• Analyse problems arising from electronic communications and current solution offered by information security

• Digital signatures analysed and their applications in the legal context - liabilities.

• Identify limitations of digital signatures and alternate cryptographic applications

• Case study and practical application of security, digital signature and encryption software

 3. Electronic Contracts

• Formation of electronic contracts - offer and acceptance

• Terms of electronic contracts - express, implied, imputed and statutory

• Stature of Fraud and the requirements of writing

• Effect of the Electronic Transactions Acts

• International transactions

• Introduction to jurisdictional questions

• Application of proper law

• Forum and forum shipping

• UNCITRAL Model Law

• UNIDROIT Principles

• United Nations Convention on the International Sales of Goods (Vienna Convention)

4. Electronic Property Rights

• Ownership of property corporeal and incorporeal

• Intellectual property

• Copyright - patents - trade marks - designs - trade secrets - Circuit Layouts

• Creation and transfer of intellectual property rights

• Domain Names

• WIPO Domain Name Process

• Copyright Online

 5.  Jurisdiction

• Private International law - Conflict of Laws principles

• Choice of law - application of proper law

• Forum and forum shopping

• US approach

• Minimum contacts tests

• Purposeful availment

6.  International Electronic Commerce Perspective

• The role of international organisations

• UNCITRAL

• World Trade Organisation (WTO)

• The General Agreement on Tariffs and Trade (GATT)

• The Organisation for Economic Cooperation and Development (OECD)

• The Asia Pacific Economic Cooperation (APEC)

• International Chamber of Commerce (ICC)

• The Free Trade Agreement of the Americas (FTAA)

• International Telecommunication Union

• International Organisation for Standardisation  (ISO)

• National Policies and Approaches in relation to Electronic Commerce and the Internet

 7. Finance, Banking and the Internet (Digital Cash)

• The Financial System

• Digital cash · legal definitions of money and currency

• Application of legislation

• Distinction between money and electronic payment methods

• Codes of Conduct

• Internet banking funds transfer

• Virtual banks and ADIs

• Digital payments

• EFTPOS and Electronic Funds Transfer Code of Conduct

• Payment system automation (such as cheque imaging)

• CHESS

• Internet banking

• The Evolution of the Concept of  Money and Payment Instruments

• Cheques

• Direct entry (DE)

• Electronic Data Interchange (EDI)

• Automated Teller Machines (ATM's)

• Payment (Credit / Debit) cards

• Electronic Funds at Point of Sale (EFTPOS)

• Stored value cards (SMART cards, etc.)

• High Value Electronic Payments

• Electronic Bills of  Exchange

• E-Payments

• Payment Clearing Systems

• Reporting of  Commercial Transactions

• Online IPO and Prospectuses  

 8. CyberCrime, Gambling, Censorship, Spam

• Legislation

• Anti-Spam legislation

• Other statutes

• Cybercrime

• Cyberstalking

• Interactive Gambling

9.  Privacy

• Privacy Act - Information Privacy Principles

• OECD Privacy Principles

• Application of privacy principles to commerce in particular electronic commence

• Commercial best practice - privacy and electronic records

• Censorship and electronic commerce

Overview

This course provides a basis for understanding the nature and role of Electronic Commerce and the law and regulations applicable.  The information disseminated will be provided on the assumption that we are in business utilising technology and require an understanding of the legal framework or are legal practitioners advising clients about the appropriate law.

What are the major types of decisions we must make if we are to properly discharge this responsibility?  There are a number of ways we might answer this question depending on the particular perspective we adopt.  These different outcomes are not a problem.  Each perspective provides us with rich insights and thus a better understanding of the decisions we must make as managers if we are to be successful in our role.

Once we understand the nature of the decisions we must make as managers within an organisation, we can begin to think about the types of information we will need in order to make these decisions. We will see that the types of information we need will vary depending on the type of decision we must make. Moreover, the source of the information we need is likely to vary depending on the type of decision we must make.

The most important goal you should have as you study this subject, therefore, is to develop an ability to ask and answer the following sorts of questions:

·         What are the important types of decisions that managers need to make?

·         What are the types of information they will need in order to make these different types of decisions?

·         Where are the likely sources of the information they will need in order to make the different types of decision?

In seeking to answer these questions, we will give special attention to the place of business information systems in helping us better manage organisations.

Reading List

TEXTS AND REFERENCES

Note that much of the material will be provided via Internet Links

(i)  Textbook

Quirk and Forder, The Law of Electronic Commerce, 2^nd edition, Wiley Press, 2003.

(ii) References

Akindemowo, Information Technology Law in Australia, LBC Information Services,

          Sydney, 1999

Fitzgerald et al (ed), Cyberlaw, Prospect Media, Sydney, 2002.

Romney, Jason. Law on the Line, Melbourne, Law Press, 1996.

Dayal, Surendra and Davey, Sandra. LDL online 1998, Computer Assisted Legal

          Research , Sydney, Butterworths, 1998.

Note: I have not included notes and materials dealing with domestic Thai law.

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