Archive for July 2010

Signs of change!

July 9, 2010

Here I’m going to share some information on e-contract and its principles with you. 

With the coming of the Internet and the introduction of e-commerce to business the demand for online contracts has risen tremendously. However, setting contracts has been  traditionally on paper and to show agreement, parties place their signatures on the doted line. These agreements are legally binding between both parties and enforceable in a court of law.

But what about when it comes to an online contract?

The UNCITRAL (United Nations Commission on International Trade Law) has adopted the E-commerce Model law on  12 Jun 1996. The aim was to provide adequate legal protection for those who wish to engage in e-commerce by ensuring that e-contracts are legally recognized by law and courts. Moreover, it established trust among parties in e-commerce and removed any obstacles in its way.

 In 2006, Malaysian parliament passed the Electronic Commerce Act (ECA) 2006 that provided for legal recognition of electronic messages in commercial transactions and for the use of e-messages to fulfill legal requirements. It also enabled and facilitated commercial transactions through the use of electronic means. They adopted the following model law of e-commerce drafted by UNCITRAL. 

This Model Law operates on principles: Equivalence, Autonomy of Contracts, Voluntary Use, Primacy of other Requirements, Substantive Elements of Contracts still Applies and Primacy of Consumer Protection Laws.

  

What’s your take on it?       

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Going Once, Going Twice, Sold!

July 5, 2010

 Have you ever taken part in an auction on eBay?

What I’m going to blog today is all about cheating on online auctions and actually is about a guy who became the first person in the UK being prosecuted over an online auction. According to BBC News, he used two separate eBay accounts to bid against himself.

The investigation started when a compliant took place stating that Paul Barrett, boss of a mini-bus firm, had falsely advertised and sold one of his vehicles on eBay. The North Yorkshire Trading Standards officer after tracking him found that  he was selling goods on the auction website under the username “shanconpaul”, while bidding on them under the identity “paulthebusman”.   

However after he was caught he admitted to breaching the Business Protection from Misleading Marketing Regulations 2008 and the Consumer Protection from Unfair Trading Regulations 2008 which were introduced in the UK two years ago in a bid to tackle growing internet fraud, after an EU directive to increase consumer protection. 

However, shill bidding is not easy to be proved or to be detected and also it’s hard to quantify the victim’s loss.

What’s your take on it?

Source: Read more from BBC News

Watch what you say!

July 4, 2010

I was reading about the Internet Content Regulation and Speech Law earlier today and I thought it would be good to blog it. What I’m going to focus on here is about Hate Speech. As a medium the Internet has been used for exchanging and sharing information, ideas and knowledge. Although the freedom of speech law has given everybody the right to express themselves without interference, it has not given an absolute liberty.

Whatever you express about your thought or opinion, you need to be careful to not violate rights and freedom of others and respect them morally and lawfully. Hate speech against race and religion comes under the principal category of the Internet content regulation which is one of the initiative consideration for censorship by governments. All censoring, controlling or attempting to control are based on subject matter. Along these lines government approaches are using penalties (fines or imprisonment), banning the access to unsuitable contents, prohibition of public access and encouraging self-regulation and end-user voluntary use of filtering techniques.

France has been recently focused on enforcing French laws forbidding race hate material. In this regard, a French court ruled that Yahoo! Inc must make the accessibility to auctioning race hate memorabilia, especially those were related to anti-Jewish expression impossible in May 2000. 

In November 2001, a U.S. District Court in defence of Yahoo! and U.S. Amendment ruled that there is no need for Yahoo! to comply with French court’s order in regard to block the access to U.S. websites which were Nazi-related contents. This was because French sites complied with France’s laws prohibiting advertising Nazi memorabilia. However, the U.S. court ruled that the American companies are immune to being regulated by authorities in countries with more restriction on freedom of expression.      

Well, on the Internet speakers can hide in the cloak of anonymity, emboldened to say things that they may not say in the public eye! and the negative effects of such speech are harmful.                        

What’s your take on it?

 

Oh no, you don’t!

July 3, 2010

You may think that downloading a movie or TV series on the Internet isn’t hurting anybody but you’re wrong! Here is a report from the U.S. Attorney for the Southern District of New York which explains how harmful illegal distributing of films and serials is. The American motion picture and television industries employ approximately 2.4 million people, to whom the industries pay over $140 billion in wages yearly. The industries also support over 95,000 small businesses across all 50 states, including caterers, dry cleaners, florists, hardware and lumber suppliers, and other retailers. The industries contribute over $15 billion in taxes annually. The U.S. economy loses an estimated $25.6 billion per year, and an estimated 375,000 jobs per year, to criminal copyright infringement. 

Due to the support of this industry, domain names of seven popular websites have been banned for the violation of copyright infringement laws. Manhattan federal court ordered seizures of  TVSHACK.NET, MOVIES-LINKS.TV, FILESPUMP.COM, NOW-MOVIES.COM, PLANETMOVIEZ.COM, THEPIRATECITY.ORG, and ZML.COM in connection with distribution of pirated movies and TV programs over the Internet.

According to the U.S. Attorney’s Office for the Southern District of New York, six of the websites, TVSHACK.NET, MOVIES-LINKS.TV, FILESPUMP.COM, NOW-MOVIES.COM, PLANETMOVIEZ.COM, and THEPIRATECITY.ORG, are “linking” websites, which provide access, or “links,” to other websites where pirated movies and television programs are stored. Linking websites are popular because they allow users to quickly browse content and locate illegal copies of movies and television shows that would otherwise be more difficult to find.

The seventh website, ZML.COM, is a “cyberlocker,” which is a website on which illegal copies of movies and television shows are stored for downloading. Linking sites advertising infringing content are usually linked to cyberlockers,  here the illegal material is stored.

There are many of these websites which may not be as popular as those are, but this can be a warning to all of them as well. So, watch out!

What’s your take on it?

Source: Read more from Justice.gov 

3G, the Future?

July 1, 2010

I have always been fascinated by technology! There is no question that technology has made life much easier. Out of all the things that have made life easier, I would have to say that the mobile phone is something I can’t live without! and to think that fifteen years ago the mobile phone as we know today was completely different. But now with the coming of 3G  its technology has been revolutionized. 

The Internet has become so much more accessable since the arrival of 3G, making banking and financial transactions more crucial. Experts say the cutting-edge 3G technology will be of great use in the banking sector and will replace internet banking. But it will be an easy target for cyber forensic experts. As faster Internet speed on the go by 3G, the number of frauds will go up too.

Identity and password thefts, phishing activities and hacking into bank accounts will increase and who knows maybe a newer type of cyber crime will emerge. In addition increased accessibility to pornography will be of great concern for all law-enforcing agencies and users. And How are they going to be tracked since there is  lack of convergence in law and cooperation around the globe?  

What’s your take on it?

Source:  expressbuz