ABSTRACT

The problem of governing the Internet where no state boundaries or legal

jurisdictions exist

The evolving legal framework of e-Business and the Internet

How some pre-Internet law can be applied to e-Business activity

The conflict between preserving the anonymity of the Internet and

protecting the rights of individuals

Civil and criminal law

Globalization, jurisdiction and enforcement

Encryption and privacy rights

Data protection

The Computer Misuse Act 1990

Advertising on the Net and consumer protection

Advertising and consumer protection: criminal aspects

Advertising

Consumer rights

Intellectual property

Copyright

Patents

Cyber-squatting

Internet service providers

In order to balance the conflicting interests in any society it is necessary for businesses to operate within a legal framework. The criminal law consists of rules set down by and enforced by the state in respect of conduct which the state sees as being ‘uncivilized’ and contrary to society’s best interests. In the context of business, this will clearly include matters such as theft and fraud in various forms, such as obtaining property/services without paying for them, or obtaining payment for property/services which one intends never to supply. It may be that the particular nature of e-Business – dealing at a distance with persons or organizations that one has never met, perhaps in remote parts of the world from you and giving them electronic access to your funds – is conducive to this sort of activity. Certainly, many individuals cite data insecurity as a reason for not conducting transactions via e-Commerce. Even those happy to shop online with tried and trusted high-street presences such as Tesco or Sainsbury may be far more reticent in buying online from a supplier based in Tashkent or St Louis of whom they have no knowledge or experience.