The Law of Electronic Commercial Transactions

The Law of Electronic Commercial Transactions provides authoritative analyses of all the different issues facing those transacting e-commerce, including rights, licenses, liabilities, and compliance. A tremendous resource for in-house counsel, banking law attorneys, commercial law attorneys, corporations with an online presence, and financial institutions.

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ISBN: 9780769878812
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ISBN: 9780769880235
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The exponential growth in electronic usage of commercial transactions has led to new challenges for financial institutions. Rapid changes in the law, from legislators, regulators, and the courts, can have an impact on the way your clients do business. The Law of Electronic Commercial Transactions can help you stay on top! This authoritative treatise lays out the legal liability issues connected with a transaction and provides a complete analysis of the legal treatment for each issue, with thorough research and commentary. The authors' analysis helps you understand the many conflicts and inconsistencies among local, national, and international laws affecting electronic commercial transactions.

The Law of Electronic Commercial Transactions provides authoritative opinions on whether the courts, the regulators, and the parties in transactions are making the correct judgments in how they proceed. These opinions help you to identify pitfalls you can encounter in attempting to comply with relevant electronic commerce laws.

Topics discussed in depth include:

•  Cybercrime, cybersquatting, cyberpiracy, and criminal penalties
•  Credit cards and credit transactions
•  Privacy and data control issues in a changing legal environment
•  Liability risks in dealing with third-party information
•  E-commercial intellectual property basics: copyright, DMCA, licensing, patent, and trademark law
•  Property rights beyond intellectual property: the right to control and protect one's own computer and online system
•  Laws validating electronic transactions
•  Online contract formation
•  Linking, website, and online jurisdiction issues
•  Domain names and their control
•  Attribution: identifying the parties
•  Whether existing laws tailored for new technologies will cover an even newer technology
•  Digital signatures, electronic signatures
•  Terms of service: access contracts, online site or service agreements, and application service providers
•  Liability for informational content
•  Consumer law issues in e-commerce
•  E-mails and evidence in e-commercial contexts
•  Identity theft

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Table of contents

Table of Contents


1 The Legal Landscape of Electronic Commercial Law

2 Intellectual Property Basics

3 Property Rights--Thinking Beyond Intellectual Property

4 Laws Validating Electronic Transactions

4A Beyond Validation: Rules Regulating Electronic Dealings

5 Online Contract Formation

6 Attribution: Identifying the Parties

7 Domain Names and Web Site Jurisdiction Issues

8 Terms of Service: Access Contracts, Online Site or Service Agreements, Cloud Computing, and Application Service Providers

9 Linking


10 Liability for Informational Content

11 Consumer Law Issues in E-Commerce

12 Online Informational Privacy and Data Protection

13 E-Mails and Evidence in E-Commerce Contexts

14 [Reserved]

15 Identity Theft

16 Personal Data Security: Issues in Law

Table of Cases