2. Legal Issues and Ethical Issues

8/11/2019 2. Legal Issues and Ethical Issues

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Legal issues and Ethical iss

Laws are enacted by govt. and developed thrprecedents.

Laws are strict legal rules governing the a

citizens within their jurisdictions.

If a person breaks the law, they have done illegal and can be held liable for punishment b

system.

Ethics is a branch of philosophy that deals w

considered to be right and wrong.


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Understanding Ethical, Social

Political Issues in E-commerc

Internet technology and its use in e-disrupts existing social and

relationships and understandings.

Costs and benefits of technology carefully considered, especially when

as yet no clear-cut legal or cultural guid


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-Technology and Their Potential Ethic

Social and/or Implications

Ubiquitytechnology is available everywhere Global reachThe technology reaches across

boundaries

Universal standardsthere is one set of standa

Richnessvideo, audio, text messages are po

InteractivityIt works with the user Information densityTechnology reduces infor

costs, raises quality

CustomizationThe technology allows deliver personalized as well as group messages.


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Issues

Issues raised by Internet and e-commebe viewed at individual, social, and pol

levels

Four major categories of issues

Information rights

Property rights

Governance

Public safety and welfare


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Issues

Information rights : what information right

individuals and organizations posses with

to information about themselves.

Property rights

Governance

Public safety and welfare


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Legal issues and Ethical iss Privacy : It is the right to be left alone and the right to be

unreasonable personal intrusions. Collecting information about individuals

By reading an individuals newsgroups postings.

By looking up an individuals name and identity in an inte

By conducting surveillance on employees

By asking an individual to complete a website registratio By recording an individuals actions as they navigate the

browser, usually using cookies.

Ms product called passport is beginning to raise some ofconcerns as cookies. Critics say that passport affords thopportunities as cookies to invade an individuals privacy

feel that the product gives MS an unfair competitive edge


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Legal issues and Ethical iss Protection of privacy

Notice/awareness. Consumers must be given nentitys information practices prior to collection information.

Choice/consent. Consumers must be made awoptions as to how their personal information ma

Access/participation. Consumers must be able their personal information and challenge the vadata.

Integrity/security. Consumers must be assured personal data are secured and accurate.

Enforcement/redress. A method of enforcementremed must be available.


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Intellectual property rights

It refers to Creations of the mind: invention

and artistic works, and symbols, names, ima

designs used in commerce. Four main types of intellectual properties

Copyright, Trademarks, Domain Names, an


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Legal issues and Ethical issCopyright : An exclusive grant from the go

that allows the owner to reproduce a workor in part, and to distribute, perform or dithe public in any form Literary works ( e.g. s/w)

Musical works (compositions)Dramatic works ( plays)

Artistic works ( drawings, paintings)

Sound recordings, films, broadcasts, cable

or manner, including the internet.


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Legal issues and Ethical iss Trademarks : it is symbol used by busi

identify their goods and services. The symbcomposed of words, designs, letters,

shapes, a combination of colors, or o

identifiers.

Use the trademark on goods and servicesthe trademark is registered.

Take legal action to prevent anyone else f

the trademark without consent on goods an

for which the trademark is re istered.


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Domain names: a variation of a trademark is a

name.

Network solutions Inc.

Cyber squatting.


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Patents: a patent is a doc that grants the ho

exclusive rights on an invention for a fixed nyears

U if C t I f ti


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Copyright 2004 by Prentice-Hall. All rights reserved.

Uniform Computer Information

Transactions Act (UCITA) of 1999

A model state law that provides uniformcomprehensive rules for contracts invo

computer information transactions

software licenses

information licenses


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ec ron c ommun ca ons


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ec ron c ommun ca onsPrivacy Act

Makes it a crime to intercept an electrocommunication

At the point of transmission

While in transit

When stored by a router or server

After receipt by the intended recipient


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Internet Domain Names

Domain name

a unique name that ian individualsor companysWeb site.

Domain names may be registered by f

appropriate form with the domain

registration service and paying the app

fee.

Anticybersquatting Consumer


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Anticybersquatting Consumer

Protection Act of 1999

Aimed at cybersquatters who register domain names of famous compan

people and hold them hostage by dem

ransom payments from the famous c

or person.

The name must be famous.

The domain name was registered in bad


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Copyright 20

Hall. All rights

Licensing Arrangement

License(transfer of rights inintellectual property or

information)

Licensor

Licensee


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Licensing Arrangement (continu

Licensor

The owner of intellectual proinformational rights who transfers right

property or information to the licensee.

Licensee

The party who is granted limitin or access to intellectual prop

informational rights owned by the licensor


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Licensing Agreement

Detailed and comprehensive agreement between the licenso

licensee.

It sets forth the express terms

agreement.

Software and Information Access


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Software and Information Access

Contract

Grants the licensee the right to information in the possession of the lice

For an agreed-upon time or number of us

The licenseesaccess to the informati

be available at times and in a man

complies with the express terms

contract.

cens ng n orma on ec no


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cens ng n orma on ec noRights

The Uniform Computer InfoTransactions Act (UCITA)creates cont

for the licensing of information tec

rights.

Licensing Information Technology


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Licensing Information Technology

Rights (continued)

The UCITA covers the following aspects olicensing information rights: Formation of a contractAuthenticating the recordAttribution procedure Performance Warranties Breach of license agreements Limitations of remedies


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Other Key Legislation

Uniform Electronic Transactions Act (U

Electronic Signature in Global and Nat

Commerce Act


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Performance

A party to a licensing agreement oweto perform in a manner that conformcontract.

Each party owes a duty to tender perfo

when performance is due.Risk of loss of the copy

Acceptance of a copy

Excuse of performance

Documents

2. Legal Issues and Ethical Issues