Prof. Rushen Chahal Legal, Ethical, and Social Impacts of EC 2/7/2012 Learning Objectives 1. Describe the differences between legal and ethical issues in EC. 2. Understand the difficulties of protecting privacy in EC. 3. Discuss issues of intellectual property rights in EC. 4. Describe unsolicited ad problems and remedies. 5. Understand the conflict between free speech and censorship on the Internet. 2/7/2012 Learning Objectives 6. Describe major legal issues in EC. 7. Describe the types of fraud on the Internet and how to protect against them. 8. Describe representative societal issues in EC. 9. Describe the role and impact of virtual communities on EC. 10. Describe the future of EC. 2/7/2012 Legal Issues Versus Ethical Issues ethics The branch of philosophy that deals with what is considered to be right and wrong 2/7/2012 Legal Issues Versus Ethical Issues • The Major Ethical and Legal Issues Discussed in this Chapter – Privacy – Intellectual property rights and online piracy – Unsolicited electronic ads and spamming – Free speech versus censorship – Consumer and merchant protection against fraud 2/7/2012 Legal Issues Versus Ethical Issues • EC Ethical Issues – Non-Work-Related Use of the Internet • Employees are tempted to use e-mail and the Web for non-work-related purposes • In some companies, this use is tremendously out of proportion with its work-related use • The utility of monitoring employee usage can be considered “one of the most controversial EC issues” 2/7/2012 Legal Issues Versus Ethical Issues – Codes of Ethics: Useful guidelines for a corporate Web policy: • Issue written policy guidelines about employee use of the Internet • Make it clear to employees that they cannot use copyrighted trademarked material without permission • Post disclaimers concerning content, such as sample code, that the company does not support • Post disclaimers of responsibility concerning content of online forums and chat sessions 2/7/2012 Legal Issues Versus Ethical Issues • Codes of Ethics: Useful guidelines for a corporate Web policy: – Make sure that Web content and activity comply with the laws in other countries – Make sure that Web content and activity comply with the laws in other countries – Make sure that the company’s Web content policy is consistent with other company policies – Appoint someone to monitor Internet legal and liability issues. – Have attorneys review Web content to make sure that there is nothing unethical, or illegal, on the company’s Web site 2/7/2012 Privacy privacy The right to be left alone and the right to be free of unreasonable personal intrusions • Collecting Information about Individuals – Web Site Registration – Cookies – Spyware and Similar Methods – RFID’s Threat to Privacy – Privacy of Employees – Privacy of Patients 2/7/2012 • Protection of Privacy – Notice/awareness – Choice/consent opt-out clause Agreement that requires computer users to take specific steps to prevent the collection of personal information opt-in clause Agreement that requires computer users to take specific steps to allow the collection of personal information 2/7/2012 Privacy • Protection of Privacy – Access/participation – Integrity/security – Enforcement/redress 2/7/2012 Privacy • The USA Patriot Act – E-mail and Internet searches – Nationwide roving wiretaps – Requirement that ISPs hand over more user information – Expanded scope of surveillance based on new definitions of terrorism – Government spying on suspected computer trespassers with no need for court order – Wiretaps for suspected violations of the Computer Fraud and Abuse Act 2/7/2012 Privacy • The USA Patriot Act – Dramatic increases in the scope and penalties of the Computer Fraud and Abuse Act – General expansion of Foreign Intelligence Surveillance Act (FISA) authority – Increased information sharing between domestic law enforcement and intelligence – FISA detours around federal domestic surveillance limitations; domestic surveillance detours around FISA limitations 2/7/2012 Privacy • Privacy Protection in Other Countries – In 1998, the European Union passed a privacy directive (EU Data Protection Directive) reaffirming the principles of personal data protection in the Internet age – The directive aims to regulate the activities of any person or company that controls the collection, storage, processing, or use of personal data on the Internet 2/7/2012 Intellectual Property Rights intellectual property Creations of the mind, such as inventions, literary and artistic works, and symbols, names, images, and designs, used in commerce 2/7/2012 Intellectual Property Rights 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 or manner, including over Internet • Literary works • Musical works • Dramatic works • Artistic works • Sound recordings, films, broadcasts, cable programs 2/7/2012 Intellectual Property Rights • Copyrights – Piracy of Software, Music, and Other Digitizable Material – Copyright Protection Approaches digital watermarks Unique identifiers embedded in digital content that make it possible to identify pirated works – Digital Rights Management 2/7/2012 Intellectual Property Rights trademark A symbol used by businesses to identify their goods and services; government registration of the trademark confers exclusive legal right to its use – Domain Name Disputes and Resolutions cybersquatting The practice of registering domain names in order to sell them later at a higher price 2/7/2012 Intellectual Property Rights patent A document that grants the holder exclusive rights to an invention for a fixed number of years • Fan and Hate Sites cyberbashing The registration of a domain name that criticizes an organization or person 2/7/2012 Unsolicited Electronic Ads: Problems and Solutions • E-Mail Spamming unsolicited commercial e-mail (UCE) The use of e-mail to send unwanted ads or correspondence – What Drives UCE? Many spammers are just trying to get people’s financial information 2/7/2012 Unsolicited Electronic Ads: Problems and Solutions – Why It Is Difficult to Control Spamming • Spammers send millions of e-mails, shifting Internet accounts to avoid detection • Spammers use different methods to find their victims – Solutions to Spamming • Junk-mail filters • Automatic junk-mail deleters • Blocking certain URLs and e-mail addresses 2/7/2012 Exhibit 17.1 How Spam Blockers Work 2/7/2012 Unsolicited Electronic Ads: Problems and Solutions • E-Mail Spamming – Anti-spam Legislation • Do-not-spam lists • Protecting employees 2/7/2012 Unsolicited Electronic Ads: Problems and Solutions • Protecting against Pop-Up Ads – Pop-Up stoppers • Concluding Remarks – The spam situation has not yet been resolved. However, it seems that both e-mail spamming and pop-ups are not increasing, and they may even be declining 2/7/2012 Free Speech Versus Censorship and Other Legal Issues • On the Internet, censorship refers to government’s attempt to control, in one way or another, the material that is presented • “Donham’s First Law of Censorship.” This semiserious precept states: “Most citizens are implacably opposed to censorship in any form— except censorship of whatever they personally happen to find offensive.” • Children’s Online Protection Act (COPA) exemplifies the protective approach 2/7/2012 Free Speech Versus Censorship and Other Legal Issues – Other Legal Issues – Electronic Contracts • A legally binding contract requires a few basic elements: an offer, acceptance, and consideration • These requirements are difficult to establish when the human element in the processing of the transaction is removed and the contracting is performed electronically • Intelligent Agents and Contracts Uniform Computer Information Transactions Act ( 2000), makes clear that contracts can be formed even when a human is not directly involved 2/7/2012 Free Speech Versus Censorship and Other Legal Issues • Taxing Business on the Internet This issue is extremely important because it is related to global EC, as well as to fairness in competition when EC competes with off-line marketing channels, which requires the collection of taxes 2/7/2012 Free Speech Versus Censorship and Other Legal Issues • The Tax-Exemption Debate – The Internet Tax Freedom Act 1(998) sought to promote e-commerce through tax incentives, by barring any new state or local sales taxes on Internet transactions until October 2001 – The U.S. Congress extended the tax moratorium until 2006, giving it time to digest the contents of the report and hash out contentious tax issues 2/7/2012 Free Speech Versus Censorship and Other Legal Issues • The Tax-Exemption Debate – Proposed Taxation in the United States • The National Governors’ Association, the National League of Cities, and the U.S. Conference of Mayors fought the Tax Free Bill for the Internet • The U.S. Congress blocked state and local governments from taxing connections that link consumers to the Internet, at least until November 2007 2/7/2012 EC Fraud and Consumer and Seller Protection • Fraud on the Internet – Online Auction Fraud – Internet Stock Fraud – Other Financial Fraud 2/7/2012 EC Fraud and Consumer and Seller Protection • Fraud on the Internet – Identity Theft and Phishing identity theft A criminal act in which someone presents himself (herself) as another person and uses that person’s social security number, bank account numbers, and so on, to obtain loans, purchase items, make obligations, sell stocks, etc. 2/7/2012 EC Fraud and Consumer and Seller Protection • Consumer Protection – Third-Party Assurance Services • TRUSTe’s “Trustmark” • Better Business Bureau • WHICHonline • Web Trust Seal and Others • Online Privacy Alliance • Evaluation by Consumers – Authentication and Biometric Controls 2/7/2012 EC Fraud and Consumer and Seller Protection • Seller Protection – Customers who deny that they placed an order – Customers who download copyrighted software and/or knowledge and sell it to others – Customers who give false payment (credit card or bad checks) information in payment for products and services provided – Use of their name by others – Use of their unique words and phrases, names, and slogans and their Web addresses by others 2/7/2012 EC Fraud and Consumer and Seller Protection • What can Sellers Do? – Use intelligent software to identify possibly questionable customers – Identify warning signals for possibly fraudulent transactions – Ask customers whose billing address is different from the shipping address to call their bank and have the alternate address added to their bank account 2/7/2012 Societal Issues digital divide The gap between those who have and those who do not have the ability to access electronic technology in general, and the Internet and EC in particular • Other Societal Issues – Education – Public safety, criminal justice, and homeland security – Health aspects 2/7/2012 Virtual (Internet) Communities virtual (Internet) community A group of people with similar interests who interact with one another using the Internet • Characteristics of Communities One possibility is to classify members as traders, players, just friends, enthusiasts, or friends in need 2/7/2012 Virtual (Internet) Communities Commercial Aspects of Communities 1. Search communities 6. Community consulting 2. Trading communities firms 3. Education 7. E-mail-based communities communities 4. Scheduled events 8. Advocacy communities communities 9. CRM communities 5. Subscriber-based 10.Mergers and communities acquisitions activities 2/7/2012 Virtual (Internet) Communities • Types of Virtual Communities – Transaction – Purpose or interest – Relations or practice – Fantasy • Financial Viability of Communities: Revenue model of communities can be based on: – Sponsorship – Membership fees – Sales commissions – Advertising – Combination of these 2/7/2012 Exhibit 17.5 Value Creation in Electronic Communities 2/7/2012 Virtual (Internet) Communities Eight critical factors for community success: 1. Increase traffic and 5. Consider the cultural participation in the community environment 6. Provide several tools and 2. Focus on the needs of the activities for member use; members; use facilitators and communities are not just coordinators discussion groups 3. Encourage free sharing of 7. Involve community members in opinions and information—no activities and recruiting controls 8. Guide discussions, provoke 4. Obtain financial sponsorship. controversy, and raise sticky This factor is a must. issues. This keeps interest high Significant investment is required 2/7/2012 Virtual (Internet) Communities Key Strategies for Successful Online Communities 1. Handle member data sensitively 2. Maintain stability of the Web site with respect to the consistency of content, services, and types of information offered 3. Provide fast reaction time of the Web site 4. Offer up-to-date content 5. Offer continuous community control with regard to member satisfaction 6. Establish codes of behavior (netiquette/guidelines) to contain conflict potential 2/7/2012 The Future of EC • Nontechnological Success Factors – Internet Usage – Opportunities for Buying – M-Commerce – Purchasing Incentives – Increased Security and Trust – Efficient Information Handling – Innovative Organizations – Virtual Communities 2/7/2012 The Future of EC • Nontechnological Success Factors – Payment Systems – B2B EC – B2B Exchanges – Auctions – Going Global – E-Government – Intra-business EC – E-Learning – EC Legislation 2/7/2012 The Future of EC • EC Technology Trends – Clients – Embedded Clients – Wireless Communications and M-Commerce – Pervasive Computing – Wearable Devices – RFID – Servers and Operating Systems – Networks 2/7/2012 The Future of EC • EC Technology Trends – EC Software and Services – Search Engines – Peer-to-Peer Technology – Integration – Web Services – Software Agents – Interactive TV – Tomorrow’s Internet 2/7/2012 The Future of EC • EC Technology Trends utility computing Computing resources that flow like electricity on demand from virtual utilities around the globe—always on and highly available, secure, efficiently metered, priced on a pay-as-you-use basis, dynamically scaled, self-healing, and easy to manage – Grid Computing coordinates the use of a large number of servers and storage, acting as one computer 2/7/2012 The Future of EC • Integrating the Marketplace with Marketspace – Probably the most noticeable integration of the two concepts is in the click-and-mortar organization – A major problem with the click-and-mortar approach is how the two outlets can cooperate in planning, advertising, logistics, resource allocation, and so on and how the strategic plans of the marketspace and marketplace can be aligned – The impact of EC on our lives will be as much as, and possibly more profound than, that of the Industrial Revolution 2/7/2012 Managerial Issues 1. What sorts of legal and ethical issues should be of major concern to an EC enterprise? 2. What are the most critical ethical issues? 3. Should we obtain patents? 4. What impacts on business is EC expected to make? 5. Do we have a community? 2/7/2012 Summary 1. Differences between legal and ethical issues. 2. Protecting privacy in EC. 3. Intellectual property rights in EC. 4. Unsolicited ads and spamming. 5. Conflict between free speech and censorship. 2/7/2012 Summary 6. Legal issues. 7. Protecting buyers and sellers online. 8. Societal issues and EC. 9. The role of virtual communities. 10. The future of EC. 2/7/2012
"Legal_ Ethical_ and Social Impacts of Electronic Commerce"