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The Legal Environment

Use and Protection of Intellectual Property

Online Crime and Ethics

Taxation and E-Commerce

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The same laws and regulations govern business on the Web as they do all businesses. Therefore they are subject to the same penalties as well. Web based businesses face a couple of additional complicating factors as well. The first is that the Web extends beyond traditional boundaries and therefore has to be aware of international laws. The second is that the Web increases the speed and efficiency of business communications.  It creates a network of customers that rely on each other. When one of these companies violate laws or ethics, they can lose customers and pay stiff penalties. The lines may not always be clear but it is very important for companies to be aware that they are an international company once they begin doing business on the Web.

Borders and jurisdiction are a huge asset in the physical world. Power is a form of control over physical space and the people and objects that reside in that space.  For a law to have power and be effective, a government must be able to enforce them. This ability is called jurisdiction. Laws in other jurisdictions do not apply. Once you bring your product or service into a certain jurisdiction you become subject to those laws. The characteristics of laws are determined by the local culture’s acceptance or rejection of various kinds of effects, or impacts. Local cultures make these effects acceptable. These laws do not work well on the Internet. Legitimacy is the idea that the ones who are affected by the laws are the ones that should have a say in making them. Online businesses have to be ready to deal with a variety of regulations in different areas to be responsible. The idea of constructive notice is given to people to let them know when they are crossing boundaries and to make them aware of the laws in that jurisdiction.

One way that governments can control businesses is with contracts. These create a written promise that the business will follow certain standards. If either party does not live up to their end of the contract, then they are in breach of contract, and this can have serious consequences. Any other intentional action that causes harm to another legal entity is called a tort. There are two types of jurisdiction. Subject-matter jurisdiction is a court’s authority to settle a particular type of dispute. Personal jurisdiction is determined by the residence of the parties involved. The rules for determining either jurisdiction are pretty simple and easy to define. An individual can create a personal jurisdiction by signing a contract and including a forum selection clause that they will follow the laws of a particular state. Jurisdiction in International commerce is even trickier. These regulations between countries are governed by treaties. If you are perceived to have committed a crime in another country, you are to be held by the laws of that country. There are sometimes different laws on different levels (local, state, national) that may address the same issues in different ways. This causes a conflict of laws. Generally, the federal law will win out.

A contract contains three essential elements: an offer, and acceptance, and a consideration. One party makes an offer, the other accepts, and the consideration occurs when the exchange is made. Contracts can also be implied, instead of written, but are more difficult to enforce. One type of contract is a warranty. This is a guarantee from the seller that the product or service will meet the consumer’s expectations. Another is a Terms of Service agreement. This is usually a contract between a user and a Website that ensures the user will not abuse the site or use it in a bad way.

 
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Intellectual property is a general term that includes all products of the human mind. This is a huge problem on the Web because it is so simple to take other people’s designs or ideas and pass them off as your own. Copyrights are granted by the government to the author or creator of literary or artistic expression. The right lasts for a specific amount of time. An idea cannot by copyrighted, but the form that it is expressed in can be. Copyright infringement can be difficult to apply due to things like the fair use law. Patents are exclusive rights granted by the government to an individual to make, use, and sell an invention. These patents stay in effect for 14 years. A business process patent is a patent for business processes. A trademark is a distinctive mark, device, motto, or implement on a product used for identification purposes. A trademark can be a brand and is very important in promoting a company or product.
Protecting domain names is another important part of the Web. Cybersquatting happens when a

person intentionally registers a domain name of a trademarked company with the hopes of selling it to the company at a higher price. This was more prevalent in the early days of the Internet. To govern these matters, the World Intellectual Property Association (WIPO) was formed. There are several domain threats, including name stealing, and fraudulent domain name ownership change. Protection from these practices includes host name blocking, packet filtering, and proxy servers, although none of these are really effective in preventing theft. Some ideas that are promising are the digital watermark and copy control. Another negative event that may occur on the Web is product disparagement. This occurs when a party makes a false statement about something and a business or the integrity of its product are compromised. False advertising is also a common problem.

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With the openness of the Internet comes the chance of it being misused. Unfortunately this can be a problem. Crime on the Web can range from theft to stalking to gambling. There is also the matter of commandeering computers to plant viruses and worms that can infect others. Law enforcement agencies have trouble combating much of this crime. On the Web you can be whoever you want to be. Identity theft is rampant and with many doing all their banking and shopping online, the criminals are having a field day.

It is important for firms that conduct business on the Web keep to the same standards as those that do not. If not, the consequences will ultimately lead to a loss of business. All product information should be verifiable and correct. There are sometimes issues that are not illegal but may be unethical. These actions can damage a company’s reputation, and cost them money.

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One such issue involves customer information, such as e-mail. Although many sites have set up ways to protect your personal information from getting out to the spammers, they are not legally required to do so. This issue of online privacy remains an issue and is governed by the Electronic Communications Privacy Act of 1986. This act protects Web users from having their transmissions intercepted. One reason that ethics are so important on the Internet is that laws have not kept pace with the rapid growth of it. It is imperative that these laws remain updated to protect the integrity of the Web. Another issue with privacy on the Internet is that there is none. You can view information about anything, anywhere. Once something is put out there, it is accessible to anyone, and this includes government records. One way to protect yourself is to always read the Terms of Service and look for an opt-out button. This will prevent a site from sharing your information with a third party.

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When doing business on the Internet, firms need to be compliant with the tax laws of every state they are operating in. There are several types of taxes that business can be subject to. Income taxes are based on the net revenue generated by the firm. Transaction taxes include sales tax, use tax, excise taxes, and customs duties and are based on all the products and services that a company provides. Property taxes are levied by state and local government and are based on personal property and the real estate used for business. Web businesses don’t usually have to worry as much about property taxes. When a company creates new branches in different states, they become subject to the taxes in each state. This connection is called a Nexus. The IRS is the government agency that administer the country’s tax laws.
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