Understanding Legal Frameworks and e-Person Concepts in E-Commerce and Cyberspace, Slides of Fundamentals of E-Commerce

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Governance of e-commerce

and cyberspace

Overview

 E-commerce & global governance

 e-person, e-action and e-signature

 Multilevel governance

 WikiLeaks case

 Applicable law in e-commerce

 Overview on international and European e-commerce

rules

 Liability of providers

 Conclusions

Governance of cyberspace

 An area governed by law (not a non-regulated area)

 Compliance regimes with hard & soft rules  Multilevel governance

 UN Commission on Global Governance, Our Global Neighbourhood

 The Report of the Commission on Global Governance (1995) chapter 1

 „Governance is the sum of the many ways individuals and institutions,

public and private, manage their common affairs. It is a continuing process

through which conflicting or diverse interests may be accommodated and

co-operative action may be taken. It includes formal institutions and

regimes empowered to enforce compliance, as well as informal

arrangements that people and institutions either have agreed to or perceive

to be in their interest.“

 Aim: rule of law as a efficient way of risk reduction by providing legal

security

Definitions of cyberspace (1)

 Gibson (1991): metaphor for a new space in which through communication and data transfer certain actions are set

 New space for human activities where distance does not matter, e.g. communications, leisure (games, pornography), trading (e-commerce), participation (e-democracy), administration (e-government), working (?)  US Supreme Court, United States et al v American Civil Liberties Union et al (1997)  “ […] a unique and wholly new medium of worldwide communication. […] Taken together, these tools [email, mailing list servers, newsgroups, chat rooms, World Wide Web] constitute a unique new medium - known to its users as "cyberspace" - located in no particular geographical location but available to anyone, anywhere in the world, with access to the Internet.”  Council of Europe, Cybercrime Convention (2001)  […] By connecting to communication and information services users create a kind of COMMON SPACE, called "cyber-space", which is used for legitimate purposes but may also be the subject of misuse […]”.

e-person (1)

 Same person as in real life but without the real life context and

acting in an artificial ICT world called cyberspace (e.g. very limited wits level, in input as well as in output)

 Problem: identity link, “biometric touch”

Cartoon by Peter Steiner (1993). Reproduced from page 61 of July 5, 1993 issue of The New Yorker, (Vol.69 (LXIX) no. 20.

e-person (2)

 Low level of requirements for internet activities

 Prima facie: reasonable use of ICT environment + human

communication

 Human person has a physical identity

 Can be easy checked; together with legal identity (identity card,

passport) sufficient proof for doing business

 Electronic identity: register + personal link

 Data entry in a trustable register

 E-mail

 Telephone number, Skype identity, E.NUM

 IP number

 Domain name

e-person (4)

 Electronic signatures  Secure electronic signatures  Possession  Cards, chips, mobile phone, dongles, etc.  In discussion/projects:  Finger prints

 RFID chip  IRIS scan  Genetic data

 Electronic expressions of will of person (that‟s legally relevant)

 Fulfilling certain access requirements to the proper interface (e.g. user identity/password, special cards, place of PC) + providing additional secrete information + ICT activity (e.g. mouse click)  Full substitute for paper signature if certain requirements are met