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Balancing the Protection ofProperty with other Values
By 2005, record industry had sued over15, 000 individuals Five arbitration panels
WIPO ICANN National Arbitration Panel eResolutions consortium CPR institute of Dispute Resolutions 41
Governance
Governance has to do with SocialControl
Who will control ecommerce? What elements will be controlled? How the controls will be implemented?
Why do we as a society need to“control” ecommerce?
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Who Governs E-Commerceand the Internet
Governance of both the Internet and ecommerce hasgone through four stages. Stage 1: Government control period (1970-1994) DARPA and NSF Stage 2: Privatization (1995-1998) NSI monopoly to assign and track high level Internetdomains Stage 3: Self Regulation (1995-present) ICANN: Clinton Administration Emerging conflicts/establish policies 43
Who Governs E-Commerceand the Internet
Stage 4: Governmental Regulation (1998-present): Executive, legislative, judicialbodies ICANN (Internet Corporation of AssignedNames and Numbers) In charge of Domain Name System. US government controls the “A-root server” This arrangement is being increasingly challenged Internet Summit (November 2005): InternationalTelephone Union (ITU) 44
Can the Internet beControlled?
Many corporations and Governments extendtheir control over the Internet. And the WorldWide Web Technically, Internet was very easilycontrolled, monitored, and regulated China, Malaysia, Saudi Arabia, and Singapore:access to web is controlled Government owned centralized routers, tightlyregulated ISPs Yahoo, MSN, Lycos: Self censor news contents 45
Public Government and Law
Government: Ostensible regulationwithin the Nation Issues beyond borders
Environmental, and International Tradeissues Internet/ecommerce: Pose uniqueproblems to public government Complexity of governance: Taxation. 46
Taxation
In Europe, Taxes collected along Valuechain: VAT In US taxes collected on final sales;Consumption Tax Different State laws: Snack food, basic food Merger of online ecommerce and offlinecommerce complicates taxation question Online retailers versus eBay 47
Public Safety and Welfare
Governments everywhere claim to pursuepublic safety, health, and welfare Electronic media has historically beenregulated by governments: Content regulation In US, print media and newspapers notgovernment controled Telephone regulated as public utilities andcommon carriers 48
Conclusion
Not clear if web will remain borderless Ecommerce can continue to flaunt alllaws with impunity
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