Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

e-Commerce Law & StrategyLJN NewslettersNewsSections

Americanization of e-Commerce Law

By Jonathan Bick
Some observers ' armchair and expert ' compare the Internet to the lawless American West of yore, and they believe that, as was the analogous situation on the plains of the territories in the 1800s and early 1900s, no law, in the modern case, e-commerce law, exists. These people point, for instance, to the fact that about two-thirds of all e-mail is unwanted spam and unsolicited commercial e-mail, and that although Internet gambling is illegal in every state, millions of Americans nonetheless gamble online, generating about $6 billion in revenue for the approximately 2,000 Internet gambling sites (and remember: Internet gambling is illegal in every state).

But others ' again, armchair critics, and technowhizzes and recognized online experts alike ' see the Internet as a set of mutually agreeable protocols, and suppose that e-commerce participants apply trade law akin to their medieval trade-fair predecessors (for more on this theme, see, Bick's article in the October edition of e-Commerce Law & Strategy, 'e-Commerce Communities Employ Medieval Justice: Internet Sellers Use Extrajudicial Remedies Similar to Merchant Law'). The observers in this camp highlight the fact that participation in peer-to-peer networks remains very high despite the efforts of copyright owners to shut these forums down, and the fact that anonymous e-mail is regularly used to make false marketing claims.

Despite the Internet's global reach, it is the propensity of American citizens and U.S. residents to engage in e-commerce ' and of American courts and governmental agencies to accept, resolve and publish the decisions in those cases ' that makes it fair to say that American law dominates e-commerce.

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.