Internet law is a new and growing field. The U.S. Congress is moving slowly and cautiously, avoiding broad legislation that may produce unforeseen consequences. The U.S. Supreme Court said in 1996 that given the "changes taking place in the law, the technology, and the industrial structure related to telecommunications, we believe it is unwise and unnecessary to definitively pick one analogy or one specific set of words."
The courts will move slowly in providing guidance on Internet issues. Part of the reason is that for most parties involved (judges and lawyers),
the Internet represents an unknown that they are attempting to map according to known rules of law. Many believe that a series of lower court decisions will precede significant U.S. Supreme Court action by at least five years.
- Learning Objectives
Having completed this module, you should be able to:
- Explain how the law affects e-commerce and the Internet
- Identify Internet issues that may present legal challenges
- Describe how legal issues such as jurisdiction, copyright, and patents apply to software
- Identify what constitutes intellectual property and how to protect it
Here’s a summary of the four points:
- Impact of Law on E-commerce and the Internet: Legal regulations affect online transactions by setting standards for privacy, security, and consumer protection. Compliance with laws is essential to ensure trust and avoid penalties.
- Legal Challenges in Internet Use: Issues like data privacy, cybersecurity, and digital copyright infringement create challenges. Navigating these requires understanding evolving internet laws and potential legal liabilities.
- Application of Legal Concepts to Software: Legal concepts such as jurisdiction, copyright, and patents impact software development and distribution. These determine how software can be protected and where legal claims can be made.
- Intellectual Property and Its Protection: Intellectual property (IP) includes creations like software, trademarks, and patents. Protecting IP involves legal methods such as copyrights, patents, and trademarks to secure ownership and control over digital assets.
E-Commerce and the Internet are borderless, and it has been postulated that technology will decide what solutions are adopted in cyberspace.
In the next module, you will learn about the key technologies and services underlying e-commerce solutions.