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Electronic Commerce Tenth Edition

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1 Electronic Commerce Tenth Edition
Chapter 7 The Environment of Electronic Commerce: Legal, Ethical, and Tax Issues 1 1

2 Learning Objectives In this chapter, you will learn:
How the legal environment affects electronic commerce activities What elements combine to form an online business contract How copyright, patent, and trademark laws govern the use of intellectual property online That the Internet has opened doors for online crime, terrorism, and warfare Electronic Commerce, Tenth Edition 2 2

3 Learning Objectives (cont’d.)
How ethics issues arise for companies conducting electronic commerce Ways to resolve conflicts between companies’ desire to collect and use their customers’ data and the privacy rights of those customers What taxes are levied on electronic commerce activities Electronic Commerce, Tenth Edition

4 The Legal Environment of Electronic Commerce
All businesses: Must comply with the same laws and regulations Face the same set of penalties Web businesses face additional complicating factors Web extends reach beyond traditional boundaries Subject to more laws more quickly than brick-and-mortar business More interactive and complex customer relationships Due to increased communications speed and efficiency Electronic Commerce, Tenth Edition

5 The Legal Environment of Electronic Commerce (cont’d.)
Online communications Facilitate strategic alliances and supply web relationships Web creates network of customers Significant levels of interaction (with each other) Implications of violating law or breaching ethical standards Web businesses face rapid, intense reactions from customers and stakeholders Electronic Commerce, Tenth Edition

6 Borders and Jurisdiction
Physical world of traditional commerce Territorial borders clearly: Mark range of culture Mark reach of applicable laws Physical travel across international borders People made aware of transition through: Formal document examination Language and currency change Electronic Commerce, Tenth Edition

7 Geographic influences of area’s dominant culture
© Cengage Learning 2013 FIGURE 7-1 Culture helps determine laws and ethical standards Geographic influences of area’s dominant culture Limit acceptable ethical behavior and laws adopted Culture affects laws directly and indirectly Through its effect on ethical standards Electronic Commerce, Tenth Edition

8 Borders and Jurisdiction (cont’d.)
Geographic boundaries on culture Historically defined by lack of distant travel Today people travel easily between countries Example: European Union citizen movement and use of common currency (the euro) Relationship between geographic and legal boundaries Defined by four elements Power, effects, legitimacy, notice Electronic Commerce, Tenth Edition

9 Borders and Jurisdiction (cont’d.)
Power Form of control over: Physical space People and objects residing in physical space Defining characteristic of statehood Effective laws require effective enforcement Effective enforcement requires ability to: Exercise physical control over residents Impose sanctions on violators Electronic Commerce, Tenth Edition

10 Borders and Jurisdiction (cont’d.)
Government’s ability to exert control over a person or corporation Physical world laws do not apply to people: Not located in or not owning assets in geographic area that created laws Asserted government power level Limited by existing culture acceptance Ideally Geographic boundaries, cultural groupings, legal structures all coincide Electronic Commerce, Tenth Edition

11 Borders and Jurisdiction (cont’d.)
Effects Physical world laws Grounded in relationship between physical proximity and effects (impact) of person’s behavior Diminish as geographic distance increases Local culture’s acceptance or rejection of various kinds of effects: Determines characteristics of laws For online businesses: Traditional measures, resulting laws do not work well Example: online Nazi memorabilia sales Electronic Commerce, Tenth Edition

12 Borders and Jurisdiction (cont’d.)
Legitimacy 1970 United Nations resolution Affirmed idea of governmental legitimacy Idea that those subject to laws should have some role in formulating them Countries and governments Operate with varying levels of authority and autonomy Example: China and Singapore versus Scandinavian countries Electronic Commerce, Tenth Edition

13 Borders and Jurisdiction (cont’d.)
Notice Physical boundaries provide notice (when crossed) One rule set replaced by different rule set Expression of such a change in rules Constructive notice People informed of subjection to new laws and cultural norms: crossing international border Ignorance of law: not sustainable defense Creates problems for online businesses: unknown customers from another country accessing Web sites Poor translation to online business Electronic Commerce, Tenth Edition

14 FIGURE 7-2 Physical geographic boundaries lead to legal boundaries
© Cengage Learning 2013 FIGURE 7-2 Physical geographic boundaries lead to legal boundaries Electronic Commerce, Tenth Edition

15 Jurisdiction on the Internet
Difficult No geographic boundaries Power, effects, legitimacy, and notice Do not translate well to e-commerce Governments enforcing Internet business conduct laws: Must establish jurisdiction over conduct Contract Promise between two or more legal entities Provides for exchange of value between them Electronic Commerce, Tenth Edition

16 Jurisdiction on the Internet (cont’d.)
Breach of contract Occurs if either party does not comply with contract terms Other party can sue (failure to comply) Tort Intentional (negligent) action taken by a legal entity Causing harm to another legal entity Other than breach of contract Sufficient jurisdiction requires: Subject-matter jurisdiction and personal jurisdiction Electronic Commerce, Tenth Edition

17 Jurisdiction on the Internet (cont’d.)
Subject-matter jurisdiction Court’s authority to decide particular dispute type United States examples Federal courts: subject-matter jurisdiction over issues governed by federal laws State courts: subject-matter jurisdiction over issues governed by state laws Rules determining subject-matter jurisdiction Clear and easy to apply (few disputes) Electronic Commerce, Tenth Edition

18 Jurisdiction on the Internet (cont’d.)
Personal jurisdiction Determined by residence of parties If defendant is a state resident where court located Straightforward determination An out-of-state person or corporation can voluntarily submit to a state court jurisdiction Forum selection clause Statement included in a signed contract Indicates contract enforced according to particular state laws Electronic Commerce, Tenth Edition 18

19 FIGURE 7-3 A typical forum selection clause
Electronic Commerce, Tenth Edition

20 Jurisdiction on the Internet (cont’d.)
Long-arm statutes: state laws creating personal jurisdiction (details vary) Create personal jurisdiction over nonresidents committing tortious acts Businesses conducting e-commerce over state and international lines Be aware of jurisdictional considerations Extent to which these laws apply: unclear Procedural laws written prior to electronic commerce Continue to evolve as electronic commerce disputes arise Electronic Commerce, Tenth Edition

21 Jurisdiction on the Internet (cont’d.)
Tortious acts Represent exceptions to general rule determining personal jurisdiction Committed by selling product causing harm to buyer Negligent tort Seller unintentionally provides a harmful product Intentional tort Seller knowingly or recklessly causes injury to buyer Electronic Commerce, Tenth Edition

22 Jurisdiction on the Internet (cont’d.)
Most common business-related intentional torts Defamation, misrepresentation, fraud, trade secret theft Long-arm statutes Invoked more readily for tortious acts compared to breach of contract Electronic Commerce, Tenth Edition 22

23 Jurisdiction on the Internet (cont’d.)
Jurisdiction in international commerce Governed by treaties between countries U.S. determines personal jurisdiction for foreigners Same manner as in domestic long-arm statutes Non-U.S. corporations and individuals Can be sued in U.S. courts Foreign courts can enforce U.S. court system decisions against U.S. corporations, individuals Judicial comity Voluntarily enforce other countries’ laws out of sense of comity (friendly civility) Electronic Commerce, Tenth Edition

24 Jurisdiction on the Internet (cont’d.)
Courts reluctant to serve as forums for international disputes Not designed for diplomacy, cost-benefit evaluations Prefer government executive branch to negotiate international agreements, resolve international disputes Examples: eBay and Google in China Some assert Chinese government involved in failures Online resources Berkman Center for Internet & Society UCLA Online Institute for Cyberspace Law and Policy Electronic Commerce, Tenth Edition

25 Conflict of Laws Business governed by various laws Conflict of laws
Federal laws, state laws, local laws Conflict of laws When laws address same issues in different ways Online businesses span many localities, states Look to federal laws for guidance May lead to problems with state and local laws Example: direct wine sales industry More information: Free the Grapes Web site of a wine industry trade association Electronic Commerce, Tenth Edition

26 Contracting and Contract Enforcement in Electronic Commerce
Three essential contract elements An offer, an acceptance, consideration Contract formed when one party accepts offer of another party Offer Commitment with certain terms made to another party Can be revoked Acceptance Expression of willingness to take offer including all stated terms Electronic Commerce, Tenth Edition

27 Contracting and Contract Enforcement in Electronic Commerce (cont’d.)
Consideration Agreed-upon exchange of something valuable Money, property, and future services Implied contract Formed by two or more parties acting as if contract exists Even if no written and signed contract Electronic Commerce, Tenth Edition

28 Contracting and Contract Enforcement in Electronic Commerce (cont’d.)
Creating contracts: offers and acceptances Contract Exists for every kind of agreement or exchange between parties (no matter how simple) Example: consumer buying an item at the supermarket Key element of traditional and Internet business Internet communication offers and acceptances Occur by exchanging , engaging in EDI, and filling out Web page forms Can be combined with traditional methods Electronic Commerce, Tenth Edition

29 Contracting and Contract Enforcement in Electronic Commerce (cont’d.)
Creating contracts: offers and acceptances (cont’d.) Consumer’s contract to buy goods Same basic elements: in-person and online Resource Cornell Law School Web site Contains Contracts Uniform Commercial Code (UCC) Electronic Commerce, Tenth Edition 29

30 FIGURE 7-4 Contracting process in an online sale
© Cengage Learning 2013 FIGURE 7-4 Contracting process in an online sale Electronic Commerce, Tenth Edition

31 Contracting and Contract Enforcement in Electronic Commerce (cont’d.)
Click-wrap and Web-wrap contract acceptances End-user license agreements (EULAs) Contract user must accept before installing software Shrink-wrap acceptance Accepting a contract by removing plastic shrink wrap Click-wrap acceptance Agree to site’s EULA or its terms and conditions by clicking a button on the Web site Web-wrap acceptance or browser-wrap acceptance Accept by simply using the Web site Electronic Commerce, Tenth Edition 31

32 Contracting and Contract Enforcement in Electronic Commerce (cont’d.)
Creating written contracts on the Web Contracts valid even if not in writing or signed May not be enforceable in certain categories Statute of Frauds (state laws) Categories of contracts not enforceable unless terms put into writing and signed Applies to sale of goods worth more than $500 Requires that actions not completed within one year must be created by a signed writing Electronic Commerce, Tenth Edition 32

33 Contracting and Contract Enforcement in Electronic Commerce (cont’d.)
Creating written contracts on the Web (cont’d.) Forming contracts using electronic commerce Pen or paper not required (fortunately) Writing exists: When contract terms reduced to tangible form Signature Any symbol executed or adopted for the purpose of authenticating a writing Electronic Commerce, Tenth Edition

34 Contracting and Contract Enforcement in Electronic Commerce (cont’d.)
Creating written contracts on the Web (cont’d.) Article 11 of the United Nations Convention on Contracts for the International Sale of Goods (CISG) Requires neither writing nor a signature to create a legally binding acceptance Information on CISG and related topics in international commercial law Pace Law School CISG Database Web site Electronic Commerce, Tenth Edition

35 Contracting and Contract Enforcement in Electronic Commerce (cont’d.)
Implied warranties and warranty disclaimers on the Web Implied warranty Promise to which the seller can be held even though the seller did not make an explicit statement of that promise Law establishes these basic elements of a transaction in any contract to sell goods or services Warranty disclaimer Statement declaring that the seller will not honor some or all implied warranties Electronic Commerce, Tenth Edition

36 Contracting and Contract Enforcement in Electronic Commerce (cont’d.)
Implied warranties and warranty disclaimers on the Web (cont’d.) Warranty disclaimer must be conspicuously made in writing Put in larger type, bold font, or contrasting color State it obviously Make it easy for buyer to find on Web site Electronic Commerce, Tenth Edition

37 FIGURE 7-5 A Web site warranty disclaimer
Electronic Commerce, Tenth Edition

38 Contracting and Contract Enforcement in Electronic Commerce (cont’d.)
Authority to form contracts Contract formed when offer accepted for consideration Problems with acceptance Issued by imposter (forgery) Improper authority to bind company to a contract Electronic commerce technology Makes forged identities easy to create Also provides means to avoid deception Establish identity in online transactions Use digital signatures Electronic Commerce, Tenth Edition

39 Contracting and Contract Enforcement in Electronic Commerce (cont’d.)
Authority to form contracts (cont’d.) Authority to bind Authority to commit company to online contract Example: employee accepts contract, company later asserts employee not authorized In physical world transactions: Check public information on file Obtain copies of corporate certificates or resolutions In online transactions: Physical world methods can be time consuming and awkward Electronic Commerce, Tenth Edition

40 Contracting and Contract Enforcement in Electronic Commerce (cont’d.)
Terms of service agreements Site visitors must follow stated rules Most visitors not aware of rules Terms of service (ToS) agreements Detailed rules and regulations Limit Web site owner’s liability for what one might do with site information Site visitor held to terms of service by simply using site Electronic Commerce, Tenth Edition

41 FIGURE 7-6 Yahoo! Terms of Service agreement
Copyright © 2012 Yahoo! Inc. All rights reserved FIGURE 7-6 Yahoo! Terms of Service agreement Electronic Commerce, Tenth Edition

42 Use and Protection of Intellectual Property in Online Business
Intellectual property (general term) includes: All products of the human mind Tangible or intangible Protections afforded by copyrights and patents, trademarks registration, service marks Right of publicity Limited right to control others’ commercial use of an individual’s name, image, likeness, identifying aspect of identity Limited by U.S. First Amendment provisions Electronic Commerce, Tenth Edition

43 Use and Protection of Intellectual Property in Online Business (cont’d
Online businesses must avoid: Deceptive trade practices False advertising claims Defamation or product disparagement Infringements of intellectual property rights By using unauthorized content Electronic Commerce, Tenth Edition

44 Copyright Issues Copyright
Right granted by government to the author (creator) of literary or artistic work Specific time length provided in copyright law Gives author (creator) sole and exclusive right to the work (print, publish, sell) Includes virtually all forms of artistic or intellectual expression Electronic Commerce, Tenth Edition

45 Copyright Issues (cont’d.)
Idea contained in an expression Cannot be copyrighted Requirement Idea must be separate from expression Example: mathematical calculations Collection of facts Can be copyrighted Example: Yahoo! Web Directory Electronic Commerce, Tenth Edition

46 Copyright Issues (cont’d.)
U.S. law still allows registration (no longer required) Work created after 1989 Copyrighted automatically by virtue of copyright law Most U.S. Web pages protected by automatic copyright provision Web client computer copy of HTML file Acceptable under fair use Includes copying it for use in criticism, comment, news reporting, teaching, scholarship, or research Electronic Commerce, Tenth Edition

47 FIGURE 7-7 U.S. law governing the fair-use exception
Electronic Commerce, Tenth Edition

48 Copyright Issues (cont’d.)
Fair use specific factors Nonprofit educational uses have better chance of qualifying than commercial uses Court may consider painting using different standards than sound recording Small sections qualify when entire work might not Court may consider amount of damage caused to value of copyrighted work Fair-use Web site sources: University of Texas Copyright Crash Course Stanford Copyright & Fair Use Electronic Commerce, Tenth Edition

49 Copyright Issues (cont’d.)
Copyright law difficult to apply Due to elements such as fair use Vicarious copyright infringement Entity capable of supervising infringing activity Obtains a financial benefit from infringing activity Example: Napster Failed to monitor its network Profited indirectly from the infringement Music downloads, copying Legality unclear in many cases Electronic Commerce, Tenth Edition

50 Patent Issues Patent Exclusive right granted by government to an individual Make, use, sell invention Invention must be: Genuine, novel, useful Not obvious given current technology state 1980s: companies started obtaining software patents Not useful for Web site software Technology obsolete before patent protection secured Electronic Commerce, Tenth Edition

51 Patent Issues (cont’d.)
Business process patent Protects specific set of procedures for conducting a particular business activity Enforcing rights under business process patent Not yet clear Examples: sued Barnes & Noble for process similar to 1-Click method MercExchange sued eBay over fixed price sales option Electronic Commerce, Tenth Edition

52 Trademark Issues Trademark Service mark
Distinctive mark, device, motto, implement company affixes to goods it produces Identification purposes Service mark Similar to trademark, identifies services provided Both registered with governments (state, federal) Trade name Name business uses to identify itself Protected under common law Electronic Commerce, Tenth Edition

53 Trademark Issues (cont’d.)
Common Law Law established by history of court decisions Statutory law Elected legislative bodies pass laws (statutes) Web site designers must not use: Any trademarked name, logo, other identifying mark Without express trademark owner permission Electronic Commerce, Tenth Edition

54 Domain Names and Intellectual Property Issues
Cybersquatting Registering trademarked domain name Hope owner will pay money to acquire URL Name changing (typosquatting) Purposely registering misspelled variations of well-known domain names Registering a generic name Not cybersquatting U.S. Anticybersquatting Consumer Protection Act Provides protection Electronic Commerce, Tenth Edition

55 Domain Names and Intellectual Property Issues (cont’d.)
World Intellectual Property Organization (WIPO) Uniform Domain Name Dispute Resolution Policy (UDRP) Handles trademark domain name disputes Example: Barry Diller versus cybersquatters owning URL Example: Sting musician case WIPO criticism: UDRP enforced unevenly Electronic Commerce, Tenth Edition

56 FIGURE 7-8 WIPO Domain Name Dispute Resolution information page
© United Nations FIGURE 7-8 WIPO Domain Name Dispute Resolution information page Electronic Commerce, Tenth Edition

57 Domain Names and Intellectual Property Issues (cont’d.)
Name stealing Unauthorized changes to domain name ownership Domain name ownership change Information maintained by public domain registrar changed in registrar’s database Reflects new owner’s name and business address Occurs when safeguards not in place Main purpose: harass site owner Electronic Commerce, Tenth Edition

58 Protecting Intellectual Property Online
Digital watermark Digital code or stream embedded undetectably in digital image or audio file Can be encrypted to protect contents Example: Verance Provides digital audio watermarking systems Example: Digimarc Provides watermark protection systems and software Copy control Electronic mechanism limiting number of copies Example: Blue Spike Electronic Commerce, Tenth Edition

59 Defamation Defamatory statement Product disparagement
False and injures reputation of another person or company Product disparagement When statement injures product or service reputation Web sites must consider specific laws: Before making negative, evaluative statements Designers must avoid potential defamation liability Electronic Commerce, Tenth Edition

60 Defamation (cont’d.) Per se defamation Important exception in U.S. law
Statements so negative that injury assumed Important exception in U.S. law Defamatory statements about public figures Allows considerable leeway for: Satirical statements Valid expressions of personal opinion Other countries do not offer same protections Web site operators with international audiences need to be careful Electronic Commerce, Tenth Edition

61 Deceptive Trade Practices
Trademarked object manipulation Constitutes infringement of trademark holder’s rights Personal Web pages Cannot include unauthorized Web sites links Risk implying nonexistent relationship Trademark protection prevents buyer confusion Trademark dilution Reduction of distinctive trademark quality by alternative uses Electronic Commerce, Tenth Edition

62 Advertising Regulation
Federal Trade Commission (FTC) (United States) Regulates advertising, publishes regulations, investigates false advertising claims FTC Web site Includes links to advertising regulations Electronic Commerce, Tenth Edition

63 Source: United States Federal Trade Commission, FIGURE 7-9 U.S. Federal Trade Commission Bureau of Consumer Protection Business Center page Electronic Commerce, Tenth Edition

64 Advertising Regulation (cont’d.)
Illegal under U.S. law Advertising claim misleading substantial number of consumers in a material way FTC accepts referred investigations Better Business Bureau FTC provides policy statements Useful for e-commerce Web site designers Electronic Commerce, Tenth Edition

65 Advertising Regulation (cont’d.)
Policy statements cover specific areas Bait advertising Consumer lending and leasing Endorsements and testimonials Energy consumption statements for home appliances Guarantees and warranties Prices Other regulatory agencies Food and Drug Administration (FDA); Bureau of Alcohol, Tobacco, and Firearms (BATF); Department of Transportation (DOT) Electronic Commerce, Tenth Edition

66 Online Crime, Terrorism, and Warfare
Internet Opened up worldwide possibilities for people to communicate Opened doors for businesses to: Reach new markets Create opportunities for economic growth Tool for some for perpetrating crimes, conducting terrorism, and waging war Electronic Commerce, Tenth Edition

67 Online Crime: Jurisdiction Issues
Online versions of physical world crimes Theft, stalking, pornography distribution, gambling New online crime Commandeering computer to attack other computers Law enforcement obstacles Jurisdiction issues Tricky to determine Prosecuting across international boundaries Internet provides new life to old fraud scams Advance fee fraud Nigerian scam (419 scam) Electronic Commerce, Tenth Edition

68 Online Crime: Jurisdiction Issues (cont’d.)
Distribution of pornographic material Jurisdiction issues Subjective distinction between legal and illegal adult material Online gambling Sites located outside United States State laws specifically outlaw Internet gambling Jurisdiction not clear Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006 provides clearer jurisdiction Other countries’ laws challenged as discriminatory Electronic Commerce, Tenth Edition 68

69 New Types of Crime Online
Difficulty applying pre-Internet era laws Example: online stalking Few states have passed Internet laws Cyberbullying Using technology to harass, humiliate, threaten, or embarrass another Laws lag behind technology Sexting Sending sexually explicit messages or photos using a mobile phone Electronic Commerce, Tenth Edition 69

70 New Types of Crime Online (cont’d.)
Infiltrating computer systems with intent of stealing data, creating operational disruptions Smaller companies: easier targets Criminal extortion example: Myron Tereshchuk threatened MicroPatent with confidential client information disclosure National Retail Federation partnered with eBay and FBI Combat cases of items stolen from physical stores and then sold online Electronic Commerce, Tenth Edition

71 New Types of Crime Online (cont’d.)
Internet can help law enforcement Track perpetrators of crime Criminals brag on social networking sites Criminals leave clues in online profiles Electronic Commerce, Tenth Edition

72 Online Warfare and Terrorism
New age of terrorism and warfare Carried out or coordinated through the Internet Web sites (considerable number) Operated by hate groups and terrorist organizations Contain detailed instructions for creating biological weapons and other poisons Contain discussion boards Help terrorist groups recruit new members online Offer downloadable terrorist training films (thousands) Electronic Commerce, Tenth Edition

73 Online Warfare and Terrorism (cont’d.)
Agencies devoting resources to monitoring terrorist activities online U.S. Department of Homeland Security, Interpol Historically: faced difficulty in coordinating activities Interpol motivations: Update and expand computer network monitoring skills Coordinate global antiterrorism efforts Sustained terrorist effort could slow down major transaction-processing center processing Electronic Commerce, Tenth Edition

74 Ethical Issues Web electronic commerce sites:
Adhere to same ethical standards of other businesses Consequences all companies suffer Damaged reputation, long-term loss of trust, and loss of business Web advertising or promotion Include true statements; omit misleading information Ensure products supported by verifiable information Electronic Commerce, Tenth Edition

75 Ethics and Online Business Practices
Ethical lapse rapidly passed among customers Can seriously affect company’s reputation Examples arrangements with publishers for book promotions eBay firearm sales 2009 Apple Apps store software approval time Important ethical issues that organizations face Limiting use of collected addresses; related information Lack of government regulation protecting site visitor Electronic Commerce, Tenth Edition

76 Privacy Rights and Obligations
Online privacy: evolving Hotly debated in various forums Electronic Communications Privacy Act of 1986 Main law governing privacy on the Internet today Deals with leased telephone line interceptions Legislative proposals None have survived constitutional challenges 1999 FTC report Concluded no federal laws regarding privacy required Created privacy advocacy group outrage Electronic Commerce, Tenth Edition

77 Privacy Rights and Obligations (cont’d.)
Direct Marketing Association (DMA) Established set of privacy standards Member activity regulation: less than successful Ethics issues Significant in online privacy area Laws not keeping pace with Internet, Web growth Nature and degree of personal information recorded Threaten visitors privacy rights Electronic Commerce, Tenth Edition

78 Privacy Rights and Obligations (cont’d.)
Ethics issues (cont’d.) Companies may lose control of data collected Companies may release confidential information about individuals: Without the individual’s permission Internet has changed traditional assumptions about privacy Worldwide cultural differences provide different electronic commerce privacy expectations European Union adopted Directive on the Protection of Personal Data Electronic Commerce, Tenth Edition

79 FIGURE 7-10 Example Web page showing opt-in choices
FIGURE 7-11 Example Web page showing opt-out choices Electronic Commerce, Tenth Edition

80 Privacy Rights and Obligations (cont’d.)
Major United States privacy controversies Opt-in versus opt-out No law limiting companies’ use of gathered information Opt-out approach Assumes customer does not object to company’s use of information Unless customer specifically denies permission Opt-in approach Company collecting information does not use it for any other purpose Unless customer specifically chooses to allow use Electronic Commerce, Tenth Edition

81 Privacy Rights and Obligations (cont’d.)
Another opt-out approach Page includes checked boxes Instructs visitor: “uncheck the boxes of the items you do not wish to receive” Opt-in approach more preferable Gives customer privacy protection Unless customer specifically elects to give up rights Electronic Commerce, Tenth Edition

82 Privacy Rights and Obligations (cont’d.)
Electronic commerce Web sites Be conservative in customer data collection and use Principles for handling customer data Use data collected for improved customer service Do not share customer data with others outside your company without customer’s permission Tell customers what data you are collecting and what you are doing with it Give customers the right to have you delete any data collected about them Keep data secure Electronic Commerce, Tenth Edition

83 Communications with Children
Additional privacy considerations arise: When Web sites attract children Children are less capable of evaluating information sharing and transaction risks Concerns Children’s ability to read, evaluate privacy statements Consent to providing personal information to sites MySpace 2006: former federal prosecutor (site security officer) Software looks for sex offenders Electronic Commerce, Tenth Edition 83

84 Communications with Children (cont’d.)
Most countries People under 18 or 21: not considered adults Specific laws for children’s privacy rights Define a child as person below the age of 12 or 13 1998: Children’s Online Protection Act (COPA) Unconstitutional: restricted lawful material access Children’s Online Privacy Protection Act of 1998 Successful: COPPA does not regulate content 2001: Children’s Internet Protection Act (CIPA) Federally funded schools install filtering software Electronic Commerce, Tenth Edition

85 Communications with Children (cont’d.)
Disney Online Offers three registration choices (adult, teen, kids) Refuses to enroll child under age 13 without parent’s consent Meets COPPA law requirements Sanrio Requires birth date before allowing access Encourages notification of COPPA site violations Electronic Commerce, Tenth Edition

86 FIGURE 7-12 Sanrio’s approach to COPPA compliance
Electronic Commerce, Tenth Edition

87 Taxation and Electronic Commerce
Web businesses must comply with multiple tax laws Several types of taxes Income taxes: levied on net income Transaction taxes (transfer taxes): levied on products or services company sells or uses Sales taxes, use taxes, excise taxes Property taxes: levied on personal property, real estate Greatest concern: income and sales taxes Electronic Commerce, Tenth Edition

88 Nexus Connection between tax-paying entity and government
Similar concept: personal jurisdiction Activities creating nexus (United States) Determined by state law; vary from state to state Determining nexus: Difficult if company conducts few activities in the state National nexus issues Business conducted in more than one country Establish nexus with a country Liable for filing tax returns in that country Electronic Commerce, Tenth Edition

89 U.S. Income Taxes Internal Revenue Service (IRS) Basic principle
Charged with administering tax laws Basic principle Any verifiable increase in company wealth: Subject to federal taxation Pay U.S. federal income tax if: U.S.-based Web site generating income Web site maintained by U.S. company Credit given for taxes paid to foreign countries Reduces double taxation of foreign earnings Electronic Commerce, Tenth Edition

90 FIGURE 7-13 Internal Revenue Service home page
© 2011 IRS FIGURE 7-13 Internal Revenue Service home page Electronic Commerce, Tenth Edition

91 U.S. Income Taxes (cont’d.)
States levy income tax on business earnings Must file tax returns in all states Apportion earnings in accordance with each state Others with power to levy income taxes Cities, counties, other political subdivisions Must apportion income, file tax returns in each locality Companies selling through Web site Do not establish nexus everywhere goods delivered to customers (in general) Avoid nexus by using a contract carrier Electronic Commerce, Tenth Edition

92 U.S. State Sales Taxes Transaction tax on goods sold to consumers
Businesses establishing nexus with a state Must file sales tax returns and remit sales tax collected from customers Business not required to collect taxes from out-of-state customers Unless nexus established Use tax Tax levied by a state on property used in that state Not purchased in that state Electronic Commerce, Tenth Edition

93 U.S. State Sales Taxes (cont’d.)
Large companies Use complex sales tax management software Purchasers exempt from sales tax Charitable organizations, businesses buying items for resale Sales tax collection problem Confusing; no new laws Amazon laws require online retailers to collect taxes Streamlined Sales and Use Tax Agreement (SSUTA): Simplifies state sales taxes Electronic Commerce, Tenth Edition

94 Import Tariffs Countries regulate import and export of goods
Goods imported: only if tariff paid Tariff (customs duty, duty) Tax levied on products as they enter country Many reasons for imposing tariffs Beyond scope of this book Goods ordered online: subject to tariffs When crossing international borders Products delivered online: subject to tariffs Example: downloaded software Electronic Commerce, Tenth Edition

95 European Union Value Added Taxes
European Union (EU) Transfer taxes generate revenues Value Added Tax (VAT): most common 2003: VAT applied to sales of digital goods EU-based companies Must collect VAT on digital good sales Non-EU companies Must register with EU tax authorities, levy, collect, remit VAT if sales include digital goods delivered into EU Electronic Commerce, Tenth Edition

96 Summary Concept of jurisdiction on Internet: still unclear
Contracts are part of doing business on the Web Web businesses must avoid: Deceptive trade practices False advertising claims Defamation or product disparagement Intellectual property rights infringement Law enforcement agencies face difficulty combating online crimes, terrorist acts, conduct of war Electronic Commerce, Tenth Edition

97 Summary (cont’d.) Online privacy
Collection and use of consumer information Opt-in and opt-out methods used Special rules for communicating with children Ethics issues can shape Web business policies Various forms of taxation apply to e-commerce National, international, state and local Electronic Commerce, Tenth Edition

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