Question

What role does international law play in this interplay of constituent parts? Is the long-term success of e-commerce enterprises dependent on international law? What are the current national and international laws that govern e-commerce? Are laws sufficient? Is a world e- commerce organization needed?

Answer 1

Q1) What role does International Law play in constituent parts?

• Promote international peace and security - International Laws define the guidelines for maintainance of peace and other signed treaties between the country with other internationals, violation of which could end up in revolts or wars or political/economic impacts on both or minority country.
• Maintain just and honourable relations between nations to promote trade, business activities, international events(sports, social, cultural, seminars, etc).
• Foster respect for international law and treaty obligations in the dealings of organised peoples with one another.
• Encourage settlement of international disputes by arbitration - This can be done via International bodies like UNESCO, WHO, etc who have the authority to settle international disputes among countries without leading to the path of war and destructions.
• Defining International boundaries or Landmarks - All countries do have a defined International boundary mark, beyond which any unknown activities (Business Trading, Shipments, Transport of Warfare Materials, Hazardeous Chemicals Disposals) shall be treated as obligation/violation and is subjected to prosecution.

Q2) Is the Long-Term success of e-Commerce enterprise dependent on international law? - YES

Q3) What are the current national and international law that govern e-commerce?

• Enforcement of Online Contracts - E-commerce commonly involves selling goods and services via the Internet. The seller and buyer are not face-to-face during these transactions, with business conducted remotely using technology. This can create uncertainty about the formation and enforcement of electronic contracts.

• Electronic Signatures - The E-SIGN Act defines "electronic signature" (sometimes called a digital signature) as "an electronic sound, symbol or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record." Because of this broad definition, telephone keypad agreements, such as "press 1 to agree" may be legally enforced as electronic contracts under the Act. A contract may not be denied legal effect only because a digital signature was used to form it.

• Data Protection and Privacy - Privacy is one of the most complex legal issues facing e-commerce today. Many sites collect personal information about their users, including names, addresses, and credit card information. The host server also records routine information about each visit, some of which may identify users, and some Internet banner ads allow third-party advertisers to track users' browsing habits using cookies and web bugs. The Federal Trade Commission (FTC) has recommended legislation to regulate online profiling, but American privacy law contains very few prohibitions against the collection of consumer data.

• Marketing - Congress enacted the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing), which regulated the corporate use of email for marketing. The Act contains content and procedural requirements, gives regulatory authority to the Federal Trade Commission (FTC), and establishes a timetable for a "do not email" registry to be created, whereby business and individuals may opt out of receiving corporate marketing emails. It establishes fines of $250 per email sent in violation of the Act's requirements, up to $2 million, and provisions for special damages for willful or knowing violations of the Act. Violators may be subject to criminal penalties of up to 5 years in prison for fraud and related activity using email marketing communications

Q4) Are the laws sufficient? NO - Because most of eCommerce websites are prone to violations of any predefined/laid out Ecommerce rules and in order to increase volume of sales and business growth, they are ready to go beyond limits and do whatever it takes to achieve the set goals. The violation, if any filed against such eCommerce Websites take many many years to settle a dispute.