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 Assignment 1 (Due: before December 12, 2008, 13:00hrs)

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PostSubject: Assignment 1 (Due: before December 12, 2008, 13:00hrs)   Tue Nov 25, 2008 9:14 pm

Several authors feel that legislation will never be able to control electronic commerce sufficiently to satisfy the demands of both governments and consumers. Critically assess this view, giving appropriate examples of legislation and its application. (at least 2000 words)
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Glayra P. Bustamante

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PostSubject: Re: Assignment 1 (Due: before December 12, 2008, 13:00hrs)   Wed Dec 10, 2008 2:57 pm

Commerce is one of the significant things in this world that we certainly owe from the very first people who built its existence and its purpose. It has been a great part of our lives. Perhaps, without it, there would be slow pace and developments in each of us since I believe that the basic principle of commerce is to produce and to consume. There would be no new products if there would not be any materialistic motivation to create these. And I am somewhat referring to the exchange in every product being sold. Consumption is another way around, it would not exist if there would no productions. The point is commerce has certainly made his big part between these two factors. Commerce or trade (a term used during ancient times or commonly called, barter) is one of the factors that motivate a man to produce and produce. One has nothing to sell if he has nothing to receive in return, and that is when commerce takes into the scene.

We may not always consider but we do a lot of things everyday that pertains to commerce. A simple trade is already a form of commerce. Significantly, it takes on every simple situation we may involve like two movie passes to buy your friend’s time. Commerce takes place on everything that entertains the idea of “exchange”. Long time ago, everyone engages into this kind of trade, bartering. Goods are sold to buy goods or vice-versa. Until later on, the term money and its creation was coined and built up. And everyone has to earn such to buy what he needs and what he wants. Even according to some, money revolves the world since they believe that no one can live without money.

With money’s existence, several forms of commerce have eventually and slowly existed. Various trades and exchanges were invented. Indeed, it was on this period that the growth of business has widen that its scopes could be seen from the selling of clothing to food to transportation to everything a person’s obliged to take hold of and go through. And everything has an attached value on it, until traditional commerce was formed to provide better area for everyone engaging in trading.

Traditional commerce involves two significant actors. They are the Buyer and the Seller. The buyer identifies his needs and searches for the products that would definitely satisfy these needs. The seller will in another way, identify the possible needs of his consumer and produce products that could eventually satisfy those needs. Once these needs are satisfied, payments deals are taken into the account, and that is when commerce is being applied.

In point of fact, this kind of practice, the traditional commerce has been developed to build a newly and more interactive exchange where anyone from any point in the world can perform trades without face-to-face interaction. Traditional commerce has effectively given way to electronic commerce or e-commerce.

The creation of the World Wide Web and dot com’s extensive popularity have eventually led commerce into a new innovative form wherein it provides a better access and a wide-range of producers and consumers around the globe. In fact, doing business online is considered by every company now as another way to boost their business and gain more profits. Undeniably, it is because online business provides 24/7 customer service and an unlimited access to the audience where “Sorry we’re CLOSE” signs were certainly obliterated.

The very common practice of e-commerce is the online shopping, from books offered in Amazon.com to food orders to movie reservations to buying of plane tickets, everything can be sold and bought in the cyberspace. And there is nothing equivalent of it in the offline world.

But, the drawback is, with the practicality and convenience offered by e-commerce, there are some people who use e-commerce to ruin and invade the private lives of people. That is why there are definitely, various laws have been imposed to prevent these incidents. These laws are created to protect the rights of people when it comes to e-commerce.

These laws are made to provide legislative backbone for the emergent use of e-commerce. The Model Law on Electronic Commerce was created by United Nations Commission on International Trade Law, this law provides a guide for comprehending and understanding the basic components an e-commerce law should be composed of. These are functional equivalence between traditional paper documents and its electronic form; media and technology neutrality, bias towards technology should be avoided; autonomy, it refers to the agreement between two parties on how the electronic transactions be made between them; legal signature that pertains to the authorization between two parties to approve whatever is being made between them; writing, it is the availability of documents whether it is electronically created; original, means that it must be with integrity; and lastly, record retention, this is how records are kept and stored electronically.

There are several e-commerce laws created worldwide, and locally, we have our own Philippines’ E-Commerce Law or otherwise known as Republic Act 8792, the E-Commerce Law. Every Filipinos that do electronic transactions are covered by this law. With this law there are several guidelines made like the recognition of any electronic types of documents, transactions and contracts made electronically, bank transactions, the level of e-commerce security, and transportation of electronic documents.

However, even if there is an e-commerce law existed, there is a fear that this law doesn’t cover everything necessary to protect the people engaged in e-commerce. Law breakers are not really punished for some reasons like there is a lack of evidence to push him into his offense; another is that simply, the law is not imposed properly and fully. Eventually, the lack of policies also in every company that uses e-commerce have not been commonly practiced that their employees’ awareness on the law is very minimal or to some extent, none at all. They do not even know that such law ever existed due to lack of campaign endorsing to and informing the people about the existence and purpose of the law.

Information security is a very significant and major matter to be considered when doing transactions in the internet. We all know that a lapse in the security of your information is a big disaster. It is your best asset against your rivalry and they can use it as their best weapon against you if once leaked. A very common crime present in the cyberspace presently is the identity theft. You may not aware but you have been disclosing your personal information to anyone in the cyberspace who has been tracking your identity and maybe later on, as you were enjoying your life in the offline world, your identity has been actively participating with deals and transactions in the internet involving lots of money and interests. And you will end up someday bankrupted.

The very unfortunate about being victimized with these identity thefts is that you can not easily trace up them. In fact they tend to play anyone’s roles or in other words, they become anonymous and getting some hints and evidences that lead towards to these people are very tough ones. The worst is when these people are the very witty and wise persons who could have several techniques to use different IP addresses and employ several programming skills to hide their exact locations and identities. Cybercrimes are the ever-tough puzzles to solve. They could give a very hard battle with the authorities who are tracking them down.

The very unfortunate fact of this incident is that there is no accurate regulation that control cybercrimes and that could assure you that you are protected against these cyber criminals. Knowing that these criminals are hard to capture how much more if there is no precise law that was properly imposed to eradicate these people. One can not be sure if he is protected enough against malicious offense against them. Like what happened in the Sulit.com hacking incident last month wherein the said site was hacked. The suspected hacker made the site looked like its domain has expired. The site’s founder has defended that their domain is registered until 2010. With this, it can be said even major companies are not seriously implementing strict information security. It is because there is no precise law for it. Information security is one of the important issues a company should take into account first. Undeniably, information is the company’s valuable asset. Once it is leaked and modified, it can ruin the entire company’s reputation. This is why the strictness of security certainly reflects to the ones who impose them.

The “I love you” virus who has been rumored to be originated in the Philippines has brought our congress to create a law that would certainly help avoid such incident be happened again. In fact, Philippines is the fourth country who made a law about e-commerce that has certainly put Philippines in the e-commerce field and be known among the countries who have already engaged well in electronic transactions. E-commerce law’s existence has eventually strengthened the foundation for electronic transactions.

And that is why we should be thankful that we have an existing e-commerce law. However, a law remains a law if it will not be carried out into actions. And so later on, Securities and Exchange Commission or SEC has been appointed by the current administration last month to lead the implementation of the said law. However, the Philippine Internet Commerce Society led by Ann Tolentino was partly disappointed with the said appointment that supposedly be given to Bangko Sentral ng Pilipinas (BSP). Well, Ms. Tolentino was hopeful anyway that the said lead agency will implement the law correctly. But still doubts were not totally eliminated.

So how can be a law strongly imposed if the governing bodies imposing them are being doubted to do their tasks. Unity among these policy implementers is the most significant factor to arrive at their main goals and one of these is to eradicate cybercrimes. We will be good followers if the ones that lead us are effectively justified of their tasks and responsibilities as efficient implementers. E-commerce law like any other law’s existence is best realized when it is properly implemented.

Looking back to the old days where commerce has solely started with simple bartering system and now here comes the most innovative form of trade, the e-commerce, we must see and realize that somehow, not like before, a more complicated system requires better concern. A more proper structure in implementation of actions is necessary and this must be followed and known by every person engaged in e-commerce. We all know that a more unified and coherent actions are all needed to help eradicate and possibly, end all the cybercrimes existing in the internet.

We must also take note that cybercrimes like technology, they are continuously growing and expanding, a new cybercrime comes across for every new evil act discovered. So, definitely even if we have a law controlling cybercrimes, it could not be enough since the existing law right now does not still cover possible offenses maybe committed by an offender someday, even now, information security was not still being concerned by the law at all. The very probable dilemma that would take place someday is the uncontrollable expansion and growth rate of crimes in the cyberspace if it would not be taken care of immediately. A stronger regulation and well-strategic and calculated approach must be imposed and planned to avoid such risks ahead of time. And so, a well-built law must be implemented and afterwards, a more careful and suitable execution must be done. Finally, let us not always depend ourselves and all these plans to the policymakers and implementers, let us play our own rules as part of the community who is engaging in e-commerce, the law and the authorized people behind this are not enough to eliminate crimes and offenses, each of us has something to contribute to make a law a working force against evil. At the end, we are not the ones who will depend on the law, it is the other way around.


References:

http://www.zdnetasia.com/news/internet/0,39044908,62047922,00.htm
http://blog.defconph.org/?p=155
http://www.arellanolaw.net/publish/itlj-issue1_07.html
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Charmaine Joy Abrenica

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PostSubject: Assignment 1   Thu Dec 11, 2008 9:43 am


Legislation of e-commerce has been employed so as to protect every aspects or elements that may be included in the e-commerce environment, the consumer and producers as well as any data security and integrity. Every area of businesses nowadays is surrounded with circles of boundaries composed of appropriate rules and regulations. These legislations serve as the transparency of every transaction that is done online or any transactions involved in the e-commerce ‘world’. So that every actions done between any processes or between customers and businesses, shall be appropriately guided and make sure every step will be done accordingly, starting from the consumer moving through the internet into a merchant’s website and see a prospect product to finally exchange of electronic cash for payments. Also will make the players of the e-commerce environment be legal in their every ways and these laws should always be observed and complied.

The Philippine government became the third country in Southeast Asia with legislation to promote and protect electronic transactions when Former Pres. Joseph Estrada signed the e-commerce law and was ratified on June 14, 2000, called as the Philippine Electronic Commerce Act (Republic Act 8792) (Lallana, E. & Quimbo, R., April 2008). This would cover any individual in the Philippines that also includes electronic transactions. The Philippine e-commerce act is based on UNCITRAL (United Nations Commission on International Trade Law). The UNCITRAL is a UN organ tasked to plan model laws wherein the member nations may adopt this for them to employ for themselves organized legal administration for businesses and trading, and this was gradually embraced by the Philippine government.

Specifically, these laws are laid out to counter act the ‘electronic’ challenges that can be possibly faced. First, it gives validity and legal recognition to electronic documents, electronic signatures and electronic transactions. Second, it facilitates the admission of electronic documents and electronic signature as evidence in cases of disputes. Third, it outlaws and penalizes unauthorized access to information and interference in communications systems (i.e., hacking, introduction of viruses and the like). Finally, it calls upon government to formulate and institute programs that are not only supportive of e-commerce but would actually get the government online. Many questions will be raised especially in the first months of the law’s implementation. This is an initial attempt to provide some answers to questions regarding to how the law was intended to mean. Provisions of the law that we feel is the most important for the private as well as public sectors. (Lallana, E. & Quimbo, R., April 2008)

As what others or mostly believed that these laws only covers or are only intended to apply to commercial transactions between and among private persons, it is also intended accordingly to the transactions of the government and the way it deals with the public. For instance, in any case of disputes, since e-commerce law is applied to any kind of electronic data message or electronic document used in commercial and non- commercial activities, the government shall be bound to accept electronic documents as evidence. ‘This is not to say that courts can accept any type of electronically- generated document for the very same bills have set certain standards for its acceptability. Under this law, information shall not be denied validity or enforceability solely on the ground that it is in the form of an electronic data message or that it is merely incorporated by reference in that electronic message. This provision refers to two things: the electronic data itself, and/or another that has been merely incorporated by reference to it. There are many messages whereby the original refers to another data message. For example: A sends an e-mail to B offering to sell his car the picture and specifications of which are contained in say, a web page. That web page that has been referred to is in a sense, incorporated into the email message and becomes part of the whole communication even if it was merely referred to. The law says that both cannot be denied legal effect: the email and the web page that has been referred to. This creates convenience also because the primary messages do not have to be too bulky as they are allowed to incorporate by reference something else’. (Lallana, E. & Quimbo, R., April 2008)

The most important goal, as what has said and which is obviously just lies in front, of enforcing these kind of e-commerce laws is to develop trust that this legislation is to guarantee that every electronic transaction are secure and that data shared electronically are always observed to be private and confidential. These privacy issues are contained in the laws sections that say electronic files, signature and document shall only be limited only to those authorized to hold and make use of it. Another section obliges those who gain access to an electronic key, signature or document not to pass on or share the same with another or someone else. These two sections are vital in that it recognizes that these files are property of an individual and can be possessed only by another upon the consent of its owner. It further recognizes the privacy and personal nature of the key by obliging those who gets to possess it not to share it with others. And a violation of these two sections may be punishable by the catch.
The effort of our government, nationally and internationally, to present these laws is as essential as everything else. As what I’ve read from the article of M. Ali Nasir, ‘Legal Issues involved in E-commerce’, business would never take place in the Internet, without these governing rules and regulations. The laws give us the assurance that we are protected and as well as our rights and responsibilities. Other functions that these laws serve, is to make use of ICT in the proliferation of the business industry, with increase efficiency and reduce operational costs for the companies.

With all these precautions, a set of rules and regulations were laid upon the course and boundaries of e-commerce, national or international, we may all be just relax and believe the rest is assured and we could all just be sound. As for the issue brought up that questions the legislation of satisfying the demands of both the government and consumers, although every defense has already been built-up, there could also be room for breach or area for any not-so-secured transactions and anything could be just as subjective for compromise. With the Internet having the power of reaching across the world, it is inevitable that legal issues would be involved that involves intellectual properties, copyright, trademark, privacy and the like relatively predominantly on the business side. Our technology today is so fast paced, and everyone becomes the player. And the population of these players is really hard to control. A very challenging task is posed for the authorities or for these laws to fully control the e-commerce or harmonize everything as it should be. Even laws that do not concern the e-commerce world even experience breaches and loss of assurance. With regards to the state of our country solely, that we are just starting to adopt these technology, and everyone is not yet acquainted to it, it seems that there’s more to this that we, Filipinos, should understand still. As everything goes entirely electronic, we can’t stop questioning on how such laws could be fully applied to the world of cyberspace. It seems very hard to fathom thinking that cyberspace or the Internet is such another big world that we humans have still yet to learn more, wherein everything seems to be done so freely. For example, purchasing hardware locally could give you bigger chances of retaining your right if ever the hardware does not function well, you could just go to the store where you bought that stuff and complain or charge them. But in the case of purchasing it online, you may have bought it from the other part of the world, and in times of problems that what you bought was defective, you really have little chance to fight for your rights.

The entire world is already connected to the Internet and the complexity of governing the cyberspace is undoubtedly compounding every time. New legislations bring more doubts as to how long such act would be applicable, what are the boundaries of these acts, who are forced to follow such rules and most of these questions have no answers yet. As what I have read, there is no yet, comprehensive set of laws or regulations that exist for international electronic commerce. And that make it more difficult to institute universal laws for e-commerce but laws established within countries would be helpful (Ali Nasir, M.). Also, it is every businesses or companies concern or obligations and responsibility to protect their customers with every transaction they do. The questions regarding the legal aspect of e-commerce is very broad, it involves several entities such as freedom of information, privacy and security, data integrity, copyright and trademark and etc. For each of these entities, corresponding laws are imposed as well as bunch of questions of legalities.

For electronic transactions, bills were already passed to resolve the legal issues involved and make transactions that are electronically done more legitimate. Like what has done in Australia, an Electronic Transaction Act (ETA) was passed to deal with contract negotiations (offers, acceptances as well as invitations), and allows the use of electronic signatures in satisfying any legal requirement. With regards to privacy and security, online shopping seems to be a very effortless task, but oblivious to many, the information of a person having shopping online that is passed on along the process, is at stake. Every customer is entitled to the respect of their privacy so websites should establish procedures that their customers would know on to what extent their information would be revealed or also to prevent unauthorized parties to have access to such information. About copyright and trademark, it is really a big issue to make it as legal as it should be, since Internet was described as “the world’s biggest copier machine”. With the technology developed now, such as CD burners, web-site applications that offer free stuffs, copyright violations could happen very often. To counter these problems, more laws have been passed to obtain effective protection in the digital world and as well as defense for upcoming risks.

I have read many counteracts or precautions taken to ensure the ‘safety’ of all that is involved in the digital world and I hope that these could be taken as universal as in everything is standardized entirely for the whole world so securing might be more efficient as soon as possible. The legal issues imposed could be handled easier in the nearest time we could have. That these governing rules and regulations would be as fast paced as technology is, and that human can still control the ‘wire-ness’ were becoming. And that we could prove that we still have control over the technology and not let it become a tool for more crimes and anomalies but just room for more developments for our kind. To sum all the situation up, the legislation could not yet somehow satisfy the needs of the government because, even the authorities are still having a hard time, incorporating such laws and how it could be applied. It seems that we still need more understanding of applying a ‘cyber law’ to a ‘cyber world’. To my view, although e-commerce or digital cash seems to be already an old stuff, mastering to play in this kind of industry wherein everything would be fully regulated and taken under control, is still needed very essentially knowing that everything is not constant and unpredictable. So for short, we should make everything predictable and keep up with whatever is happening inside the digital world. It would just be a matter of taking control of the things, I mean; we already have other laws aside from these e-commerce laws and we managed to control things with these laws, so it would not be that impossible to also incorporate ourselves with the cyber laws.

Source: http://www.acm.org/ubiquity/views/v4i49_nasir.html
Quimbo, D. E. (2008, April). Philippine Internet Commerce Society. Retrieved December 9, 2008, from Philippine Internet Commerce Society.


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Miah Mae C. Bernaldo

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PostSubject: Re: Assignment 1 (Due: before December 12, 2008, 13:00hrs)   Thu Dec 11, 2008 10:09 am

E-commerce as a definition is the means of using information and communication technology in doing business. These days the internet is the most widely used technology to run a business either domestic or international because of the business benefits of doing electronic commerce. But it has been said sometimes that the internet was disordered and radical because of the problems in regulation due to the global nature of the internet. That is why there is legislation in e-commerce.

Electronic Commerce includes the transaction or exchange of business related information in either way between A.) Business to Business (B2B); B.) Business to Consumer (B2C); and C.) Business to Government (B2G). Legislation in e-commerce is important in order to have legal enforceability of electronic contracts and electronic signatures and for the functional equivalence between the two parties. For example when person A sends an electronic document to person B then person B should be assured that there is data origin authentication, message integrity and non repudiation of the document. Therefore the crucial factor here is trust.

In the case of the European community, they define electronic commerce as "any form of business transaction in which the parties interact electronically rather than by physical exchanges or direct physical contact". Because of the economic impact of e-commerce the European community started several programs to promote e-commerce, some of which are technically-oriented, others explore social boundaries. Conversely, the European Community is trying to inform all involved parties, entrepreneurs and consumers, about the possibilities and pitfalls of doing business online. As a final point the European Community make every effort to promote trust in e-commerce. As a solution the European Commission launched an initiative called “eEurope - An Information Society for All” last December 8, 1999. This “eEurope” aimed to bring the benefits of the Information Society within reach of all Europeans and to get everyone in Europe on-line as quickly as possible. Another initiative created is the IST program or the Information Technology Society. It is implemented through yearly work programs, so called Key Actions. This Key Action on “New Methods of Work and Electronic Commerce” means to develop and expand Information Society technologies and policy to increase the competitiveness of the European workers and organizations in the Global Information Society, while at the same time improving the quality of the individuals’ working life, and consumer confidence.
The current work program has a number of topics, called Action lines. The general idea of the action line descriptions will show the trend of current research promoted by the European Community. The research includes “Socio-economic analysis shall be undertaken to understand better the social, economic, industrial, technological and legal aspects of e-Work & e-Commerce and to develop models and scenarios that can help shape future policy, technology development and deployment strategies. Knowledge management is meant to develop and validate innovative multidisciplinary solutions and practices aimed at leveraging numerous and varied sources of often incomplete and/or ill-structured individual and corporate knowledge found in dynamic networked organizations and communities of practice. The work on Information and network security and other confidence building technologies as well as the keyline “Trust in information infrastructures” is driven by the need to build trust in order to stimulate the development of e-Work and e-Commerce as well as user confidence in information and communication systems and networks”.
The European Commission has established a web forum in relation to the topic of trust in e-commerce. This is to flourish on such effects and help in the evolution and establishment of codes of conduct in e-commerce. For example, several private institutions and official authorities in Austria have founded the Austrian E-Commerce Quality Mark Organization. This Quality Mark confirms the voluntary undertaking of companies to comply with certain criteria. These are of a particular importance of the ongoing discussion to create code of conduct. For instance includes trustmarks, seals and logos. These are the helpful mechanism to make better and to boost the confidence of the consumer in e-commerce by complementing and reinforcing the legal framework. This also will ensure a good business practice and as a result will safeguard the interest of the consumer. E-commerce covers up many legal aspects. Since web sites reach the worldwide markets, it already affects numerous legal issues. These include jurisdiction or taxation and also copyright issues are also crucial and have been subjected for legislation.
There were quite a few of European Community directives which concerns with copyright in addition to existing international treaties, specific examples are;
• on the legal protection of computer programs
• on the legal protection of databases
• and on rental right and lending right and on certain rights related to copyright in the field of intellectual property
That is why it is important that firms who are selling copyright protected material have to be aware of the regulations in order to avoid prosecution and law suits.

Buying and selling on line is the latest trend of business right now. Consequently, transfer of money is in the form of credit cards and that is what’s common right now. Some would doubt the security of this and they are uncertain of giving their credit cards online. As a result, a number of companies have developed systems that allow more secure transactions to take place. These systems range from the use of encryption to protect credit card information to the improvement of new methods of payment for instance electronic cash systems which involve the exchange of digital payment tokens directly between the parties. Juergen Noll gave the advantages of using digital cash in his article “The European community’s Legislation in E-commerce. These are 1.) Peer-to-peer transfers, 2.) Anonymous purchasing, 3.) Certainty of payment for the retailer, 4.) and suitability for low value purchases. The payment system should be chosen carefully and an encryption system and details about data security during data transfer should be provided in order build trust and confidence with the consumers. And so there is Electronic Money Directive. This grants that electronic money institutions can issue electronic money throughout the European Union based on a single license obtained in one Member State.
The national E-commerce Legislation in the case of Singapore, the foundation behind the formation of electronic contracts and the issues relating to disputes over such transactions need to be examined in order to understand the country’s legal framework for e-commerce. There are entrenched rules and principles that deal with how a legally binding contract is created. This law is under the general contract law. The contract states that “There must be an intention to create legal relations between the parties concerned, and each party must have the capacity to enter into the contract. There should be an offer made by one party and an acceptance of the offer by the other party, and there should generally be consideration between the parties of the contract.” Furthermore, the principle of the contract says that “only a party to a contract can enforce the contract, even if the contract was for the benefit of a third party.” On the other hand, there are still exceptions to these principles.

ETA or the Electronic Transactions Act is the main legislation in Singapore that governs all electronic contracts. The ETA was passed in 1998 as enabling legislation to remove uncertainty about the legality of contracts formed electronically, to recognize electronic signatures and to clarify the liability of network service providers who only carry electronic traffic. The Electronic Transaction Act sets out the voluntary licensing of certification authorities (CAs) as trusted third parties in the online world to provide the basis for establishing other trust relations. The Electronic Transaction Act fills the gaps where rules governing contracts in the physical world need to be supplemented to deal with the environment enabled by new technologies. The main goal is for the ETA to be considered as consistent with commercially reasonable circumstances. The ETA also make available of the additional legal support for new technologies to help out the court in recognizing electronic evidence. There are some specific provisions in relation with electronic records, signatures and contracts as well as their secure counterparts. The general rules are:

• The ETA gives electronic documents and records the same legal standing as physical documents by declaring that the validity or enforceability of such electronic versions cannot be denied their legal effect on the basis of being electronic.
• The ETA makes it clear that where a rule of law requires information to be in writing, an electronic record containing that information will also satisfy the requirement, as long as the information can be accessed for subsequent use. In the same way, where a rule of law requires a signature, an electronic signature will also satisfy the rule of law.
• The ETA provides that an electronic signature can be proven in any manner.
• The ETA sets out the circumstances and requirements for satisfying such rules by storing the information in electronic form.
• The ETA expressly states that contracts can be formed electronically, unless the parties have agreed otherwise.
• The ETA also deals with other important elements in the formation of contracts which include the time and place of despatch and receipt of the electronic records relating to the contract.
• the ETA seeks to avoid ambiguity and has deemed the place of business of the originator and the addressee to be the place of despatch and receipt, irrespective of where the record was actually despatched or received. In cases where there is no such place of business, it will be deemed as the usual place of residence.
The ETA has also permitted parties in a transaction to vary any of the general rules on electronic contracting by agreement but provides for exceptions when the general rules on electronic contracting would not apply and those are: (a) the creation or execution of a will; (b) negotiable instruments; (c) the creation, performance or enforcement of an indenture, declaration of trust or power of attorney with the exception of constructive and resulting trusts; (d) any contract for the sale or other disposition of immovable property, or any interest in such property; (e) the conveyance of immovable property or the transfer of any interest in immovable property; and (f) documents of title.

In this case, E-commerce legislation produces business opportunities in The Bahamas. Since the union of the financial world and the world of commerce accelerates, the article I have further says that, “The Bahamas anticipates that the e-commerce legislation will enhance the efficiency and competence of all aspects of doing business in The Bahamas and enable opportunities for The Bahamas to be a principal bridge between the brick and mortar and digital economies. Freeport, Bahamas, in particular, provides unique opportunities to capitalize on e-commerce with its tax free zone, substantial transshipment facility and light industry capabilities.”
According to Bahamian Prime Minister, Hon. Perry G. Christie, three bills currently before Parliament "are aimed at making The Bahamas a centre for excellence in e-commerce". The three bills include, The Electronic Communications and Transactions Bill, The Computer Misuse Bill and the Data Protection (Privacy of Personal Data) Bill. “The Electronic Communications and Transactions Bill addresses those circumstances where the law or statute calls for an agreement to be in writing and signed in original form by allowing the writing, signature, original and copes to be generated electronically.”

“The Misuse of Computer Bill covers six different offenses including all forms of hacking and is based on standards and guidelines that have been established by the European Council and the Organization for Economic and Co-operative Development (OECD). These standards have been adopted by nearly 30 countries, primarily within the developed world.” And “The Data Protection Bill implements privacy principles established by the OECD to protect the privacy and transfer of personal data.”
The legislation is designed and is intended to create certainty and reliability, and build trust and confidence for the on-line commercial world, according to Rowena Bethel, the Ministry of Finance's Legal Advisor. In addition, Wendy Warren, CEO and Executive Director, Bahamas Financial Services Board says that "The legislation is the latest strong signal that The Bahamas, already a well-established financial center, is fully prepared to provide international services in the digital economy".

References:
NATIONAL E-COMMERCE LEGISLATION IN ASIA AND THE PACIFIC: THE CASE OF SINGAPORE
by: Goh Seow Hiong
http://72.14.235.132/search?q=cache:zrXH-uqSLtEJ:www.unescap.org/tid/publication/tipub2348_part2ii.pdf+NATIONAL+E-COMMERCE+LEGISLATION+IN+ASIA+AND+THE+PACIFIC:+THE+CASE+OF+SINGAPORE&hl=tl&ct=clnk&cd=1&gl=ph

The European Community’s Legislation on e-commerce
by: Juergen Noll
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=288942

LEGISLATIVE AND POLICY OPTIONS
TO PROMOTE E-COMMERCE AND EXPAND INTERNET USE
(September 2006)
http://72.14.235.132/search?q=cache:iyZCwUgbUh4J:www.unescap.org/icstd/events/RW_OCT2006/05_LEGISLATIVE%2520AND%2520POLICY%2520OPTIONS.ppt+LEGISLATIVE+AND+POLICY+OPTIONS+TO+PROMOTE+E-COMMERCE+AND+EXPAND+INTERNET+USE&hl=tl&ct=clnk&cd=2&gl=ph
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regina e. abadilla

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PostSubject: Taxationof E-commerce   Thu Dec 11, 2008 12:20 pm

Searching over the web, there so many issues regarding electronic commerce – and one of the main issues is the taxation of e-commerce. It truly a challenge to the legislative body to control both concerning the government and the consumers, whether its citizens or form other countries because of its nature. We all know the basic fact that ecommerce involves any transaction over the net or any digital means. And because of the fact that it engages in internet communication, then transactions are merely in immediate access and transfers and definitely largely unknown - any transfer of goods or mails or any transactions are done electronically.

The government had articulated the issue about collecting taxes. Of course, we can’t deny the fact that today, in our every move, in the every goods we bought, even how little it is - the government is charging a tax for they so called- betterment of the infrastructures and other projects of the country. That is why even the transactions over the internet cannot rid or escape from this issue. Business over the internet had been rampant, not only for the countrymen customers but also open to different states and counties. But then, we know also that taxation involves jurisdiction, it must be in authority. Goods that landed on our abroad into our country relies on what we so called international taxations. With this the government based the tax on the territory and authority. Haiz how sophisticated the taxation is. There so many factors to be considered in amending tax - territory, citizenship and residency, and also with authority. There so many factors to be considered, that is why it is complicated when we are dealing with tax itself. How more the tax in e-commerce…

With the nature of internet, business can move and round over the world escaping from possible taxations. They apply of what they so called tax haven. We know what’s tax haven is about right? Take some brief explanation bout it. Tax haven is the country or region where taxes are low, some countries doesn’t issue taxes from foreign investors because of the fact that they are the one benefiting from it. Anyway, enough from that. Some business performs business out of the tax jurisdiction of the country. And because of the speed of transfers and any transactions over the internet then it is difficult to track any move trails more especially if the properties are intangible. Then with this, definitely if the government is relying greatly on the income tax then there would be in difficulty if then applied in e-commerce – I doubt if they could control it. There so many taxpayers doesn’t tell there exact income and trying to escape on the tax, more if the taxation involvement is done electronically. I really doubt if the citizens will favor to tax themselves in there internet transactions. But then I know there are some out there that would favor this taxation, more especially the retailers in there physical locations who are calling for fair competitive reasons.

Business over the internet is so vague. Some of the transactions are done electronically without paper trail, anonymous transactions, lack of information, and the sophisticated concept of taxable and non-taxable items or services. Watta sense.! With this few example of vagueness of data, even delivered and done in same carrier, it would be difficult to trace that there is an e-commerce transaction occurred. One of the popular transactions over the net is downloading software or music – there so many possibilities to make it as intangible property. Even the use of electronic money, we all know that if we use debit cards we could track the balance still we have but not exposing the bank and other info on it. With the use of it, the transaction would be anonymous, and with that concept it would really be exasperating for the government to make tax on it. Even if we uses cash in paying, just for example if someone download software then send it to you electronically such as with the means of email, even you pay it in cash then, it is still difficult to determine that transaction as part of the taxation of ecommerce.

Through search the net, I had found the Republic Act 8792 which provide the recognition and use of electronic commercial and non-commercial transactions, penalties for unlawful; use thereof, and other purposes is one of the law approved by the legislative body in the Philippines. The act had been known and cited as ‘Electronic Commerce Act’. It had been believed by many that the law is intended to recognize the essential role of information and communication technology in the development of the country; it recognizes the authenticity, a valuable and reliable ICT products and services contributing investments in ICT; development of programs and policy changes for an appropriate use of electronics and computers; promotion of technology; and the organization of communication networks with an appropriate and legal framework and systems. The Ecommerce law act 8792 is intent to facilitate the transactions, contracts, agreements and any information exchange, domestically and internationally; as well as the promotion of universal utilization of electronic transaction in the government and by the general public. And in terms of the coverage, this law is to apply to any kind of electronic data message and electronic document used in the context of commercial and non-commercial activities.

With this is Ecommerce Act, there was made an existence of the issue that agitates the many Filipino citizens. Reading from a simple forum with the topic entitled ‘enforcement and monitoring of electronic commerce’ it highlighted the issue about BIR’s policy direction on ecommerce. The government, specifically the BIR had not been yet pronouncing specifications bout the taxation of electronic commerce. There are under study of the existing law of taxation and how it would be effectively applied in E-commerce. It is not surprising that in consideration of Republic Act 8792 or the Electronic Commerce Act, there are legislators who would bring up the issue of taxation. If you would read the entire the Act, definitely there would be no issue involving the taxation matter but instead solely on the legal recognition and communication of the electronic transactions from electronic data messages and electronic documents; electronic commerce in carriage of goods such as contracts and other transport documentations; the electronic transactions in government which entails the government of usage and promotion of electronic data messages, documents and signatures; and the final provision such as the extent of liability of a service providers, lawful access, obligations of confidentiality, penalties, and many more to mention. Examining the said E-commerce act, there’s no chance of taxation issue involved. This is because the legislators thought that this taxation in eCommerce doesn’t fit yet and fully evolve in our country, Philippines. I guess, if the eCommerce would be vastly disturb the economy and the interest of the government then the sooner it is, there would be a plan to making a bill for this concern.
However, the BIR is now so far making a policy directions in relate with the ecommerce law and electronic transactions. The tax policy is just provisionary up to this point. The taxation were supposes to be impose more than the ecommerce businesses and transactions that had been imposed in the same commotion done in usual means. Thus, all the guiding principles that had been applied in taxation in conventional means are then samely as guiding principles in taxation in electronic commerce transactions. Honestly, I doubt this.! The BIR had a great view that E-commerce has great potential in raising revenues and tax collections, and could deliver improved taxpayers services. But in my point of view, this really a far from the possibility because of the vagueness of transactions if done electronically. In addition with the policy, BIR will cut back its role in providing financial environment within which Ecommerce may ensure that business transactions are associated in consideration of economic aspects rather with tax concerns. And the tax for ecommerce transactions should have a high international acceptance, but there would be a balance between the Philippines and its counterpart countries for it to avoid double taxation.
As of now there BIR didn’t issued a regulations yet in regard with ecommerce law. I could sense that the government, specifically the BIR would be in difficulty in managing and enforcing the relevant provisions in respect of electronic commerce due to the fact that, there is no fix and clear guidelines for the understanding of this issue. ECommerce law (Republic Act 8792, Electronic Commerce Act of 2000) is still silent in the issue regarding the online earnings taxation and other related business transactions. Even how online earning had been part in of ecommerce transactions; hence it is not taxable at this time. Most of the people engage in internet had been part in this issue, even my own self. Blogging is one of the transactions offer over the internet, and adsense is one of the means that even typical student like me is could be involved and gain some earnings. A cents per click approach in the ads presented part in the page. Hmmh, as far as I remember bout the agreement, about 100 dollars earning then that’s the time they would release my earn, slash the tax I guess. Anyway, that’s because the transaction was authenticated and clear and it is under the US territory. However, there so many transactions done over the internet which cannot be traced and with this, they could have chance to escape form slashing out some percentage of there income for the taxation matter.

Here in the Philippines, there’s no resolution yet for the taxation in the ecommerce, but instead just in conventional means only. If you are generous to the government, there’s no one would prohibit you in declaring your online earnings as part of the taxable income. Yet, I really doubt bout this.! Money matters as of this time, even a small percentage of tax, it would create a noise in the public – more especially if it then so issued by the authority. Honestly on my part, this time it is not the right time to declare this taxation of ecommerce in our country, it is because there still no clear rules bout this and it is so difficult to trace these all. But then, if you really want to help more the country, then we are all open for the declaring it as our earnings. However if your just gaining some cents over the internet, it would be unclear if you have to declare it or not Haiz. But on the other hands, there are questions still goes round and round on my mind, what if a corporate or a company is solely making e-business or e-commerce, it is online investing right? Is it still under the corporate income tax? Haiz. Definitely this would be a big controversy and noisy in debate. And if someday, Philippines would make a law taxation law in ecommerce, and then they must be ready enough to handle this issue for fair commerce.

This policy is just like imagining the future- imagining the surprising and unclear future. I know it is really hard to be controlled by the government authority, unless the future would be tomorrow where there would be a development in electronic commerce which would control the transactions over the net, or could track the any transactions. With this it could provide reliability and even over the internet, no taxpayers could escape there responsibilities. Tax really became a major investment here in our country, and if this taxation issue in ecommerce would be amended in the future years, then definitively it would really help government, more especially we are now engaging in online business, and the trend is through the concept of e-business. Sooner or later, business and investments would be done electronically, that is why planning a good strategies and making a clear rule bout this would be advantage to the government preparing for the future massive involvement in ecommerce. However, I can’t really ever imagine how the authority could handle this issue. Goodluck.!



reference:
http://www.lawphil.net/statutes/repacts/ra2000/ra_8792_2000.html
http://pascn.pids.gov.ph/DiscList/d02/s02-08.pdf
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Mark Van M. Buladaco

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PostSubject: Re: Assignment 1 (Due: before December 12, 2008, 13:00hrs)   Fri Dec 12, 2008 10:04 am

A number of authors are unhanded by the fact that they cannot fully manipulate electronic commerce sufficiently to satisfy the demands of both governments and consumers. It is an actuality for both parties. Eventually, there are suggestive solutions with it. However, it has not been fully completed in order to diminish such issue.
According to wikipedia.org, a free online encyclopedia, “Electronic commerce, commonly known as e-commerce or eCommerce, consists of the buying and selling of products or services over electronic systems such as the Internet and other computer networks.” The amount of trade conducted electronically has grown extraordinarily since the spread of the Internet. A wide variety of commerce is conducted in this way, spurring and drawing on innovations in electronic funds transfer, supply chain management, Internet marketing, online transaction processing, electronic data interchange (EDI), inventory management systems, and automated data collection systems. Modern electronic commerce typically uses the World Wide Web at least at some point in the transaction's lifecycle, although it can encompass a wider range of technologies such as e-mail as well. When President Estrada signed the e-commerce law, the Philippines became only the third country in Southeast Asia with legislation to promote and protect electronic transactions. This culminates a very long and tedious process that was started way back July 1st 1998, when Senator Juan M. Flavier filed the first of many bills that would eventually lead to the Philippine Electronic Commerce Act (R.A. 8792, an act providing for the recognition and use of electronic commercial and non- commercial transactions, penalties for the unlawful use thereof, and for other purposes). The E-Commerce law addresses the significant legal challenges facing Filipinos who wish to participate in this wealth-creating global phenomenon. First, it gives validity and legal recognition to electronic documents, electronic signatures and electronic transactions. Second, it facilitates the admission of electronic documents and electronic signature as evidence in cases of disputes. Third, it outlaws and penalizes unauthorized access to information and interference in communications systems (i.e., hacking, introduction of viruses and the like). Finally, it calls upon government to formulate and institute programs that are not only supportive of e-commerce but would actually get the government online. Many questions will be raised especially in the first months of the law’s implementation. This is an initial attempt to provide some answers to questions regarding to how the law was intended to mean. This will discuss many, not all, provisions of the law that we feel is the most important for the private as well as public sectors. As e-commerce develops ambiguities in the current tax code in which it may be exposed. It would not be regarded as too early to take premature steps for undertaking such a review at a time when detailed international legislation are going on to promulgate acceptable standards laws for imposition taxation in this regard. The Central Board of Revenue should take active part in promulgation of conducting research on this subject in hand and should propose any changes to tax law in the light of what emerges in development in e-business. In the meantime, Central board of Revenue will do two things: make sure that e-commerce taxation requirements are fully considered when recommending amendments are made to existing laws, and such changes should be made to national tax laws that are needed as unforeseen legal obstacles to the growth of e-commerce emerge to subject to tax revenue constraints. If there is a difficulty in fitting any of our existing tax legislation to e-commerce transactions, then CBR should look at these emerging legal problems connect with its execution and administration. Uncertainty is bad for business. Taxpayers should not be left in doubt as to the applicability of a particular provision of tax laws. This is not to say that all of the existing tax legislation should be made applicable to e-commerce. However, the fact remains that e-commerce is just another way of doing business and it should normally be subject to the same tax requirements as any other method of doing business. The development of e-commerce may require some fine tuning of our tax laws in consistent in international legislative trends. The integrity of electronic documents provides for prima facie presumptions relating to electronic signatures: that the electronic signature is that of the person to whom it correlates, and that the signature was affixed with the intention of signing or approving the electronic document. This means that when A’s signature is attached to a document, one may presume that it is A’s signature and that he was the one who signed it with the intention of signing or approving the same. The presumption is, of course merely prima facie, it may be rebutted with better evidence to the contrary. What constitutes Original Documents is also discussed in the law. This is important as it impacts on rules of evidence or court procedures where the concept of original is most vital to whether one’s piece of evidence is admitted or not. Presently, where the law requires information to be presented or retained in its original form, that requirement would be deemed met by an electronic data message or document if the integrity of the information is shown by evidence aliunde or otherwise and that it is capable of being displayed to the person to whom it is to be presented. This provision of law will be of great help to those who go to court presenting electronic evidence. While the old paradigms could only conceive of original document as just being generally singular, this paves the way for the existence of many “originals” as long as the provision’s criteria of integrity and reliability are met. Nothing represents the modern office more than filing cabinets. Offices have rooms full of filing cabinets largely because there are no other ways of keeping files that are required by government or by law. This Act may yet make filing cabinets obsolete. Under this law, the retention of documents in its original form is satisfied by retaining them in the form of an electronic data message or electronic document as long as the criteria of accessibility, integrity, and identification of person and time are assured. The person required to retain the forms may also do it by using the services of a third party. This may be applied where the government, say the BIR, requires the retention of receipts for at least three years, for audit purposes. This can free corporations from having to keep the required documents in paper form. Affidavits are dealt with under Sections 14 and 15. The requirements in Section 9 on integrity, and Section 12 on admissibility may be established by affidavit. This is useful as the requirements may prove to be too stringent and inflexible. Of course, as in any statement contained in affidavits and presented in courts, such are subject to the right of the person against whom the affidavit is executed, to test the accuracy and truth of the affidavit by cross-examination. This Law applies to any kind of information in the form of a data message used in the context of commercial activities. This Act shall apply to any kind of electronic data message and electronic document used in the context of commercial and noncommercial activities to include domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information.These Rules apply where electronic signatures are used in the context of commercial activities. They do not override any rule of law intended for the protection of consumers. Any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or any methodology or procedures employed by a person and executed or adopted by such person with the intention of authenticating or approving an electronic document. An electronic signature on the electronic document shall be equivalent to the signature of a person on a written document if the signature is an electronic signature and proved by showing that a prescribed procedure, not alterable by the parties interested in the electronic document, existed under which – a method is used to identify the party sought to be bound and to indicate said party’s access to the electronic document necessary for his consent or approval through the electronic signature; Said method is reliable and appropriate for the purpose for which the electronic document was generated or communicated, in the light of all circumstances, including any relevant agreement; It is necessary for the party sought to be bound, in order to proceed further with the transaction, to have executed or provided the electronic signature; and The other party is authorised and enabled to verify the electronic signature and to make the decision to proceed with the transaction authenticated by the same. Electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing, and – where the law requires a document to be in writing, that requirement is met by an electronic document if the said electronic document maintains its integrity and reliability and can be authenticated so as to be usable for subsequent reference, in that – the electronic document has remained complete and unaltered, apart from the addition of any endorsement and any authorised change, or any change which arises in the normal course of communication, storage and display; and the electronic document is reliable in the light of the purpose for which it was generated and in the light of all relevant circumstances. Paragraph applies whether the requirement therein is in the form of an obligation or whether the law simply provides consequences for the document not being presented or retained in its original form. A foreign certificate shall be deemed to have the same effect as that given to a certificate issued under this Act provided that a trustworthy system which is no less reliable than the trustworthy system under this Act is issued in the issuance of such foreign certificate and that the issuance is in accordance with the rules and procedures prescribed by the Commission. An electronic signature created and supported by a foreign certificate under section 38 shall be deemed to have the same effect as that given to an electronic signature supported by a certificate under this Act. The Internet has transformed the way individuals and companies conduct economic activity. Its now possible for individual firms to sell their products on the other side of the world and for individuals to purchase desired products and services from around the world via computer transactions. The economic, legal, and privacy implications of this have come to the attention of government agencies as well as they grapple with the economic, financial, personal, and other implications of these developments. These governments are producing numerous resources on electronic commerce or ecommerce as it is often called. E-commerce law will regulate the procedure of a concluding of online retail contracts and ensure its legal equality with the other forms of transactions. The norms of the law on e-signature shall extend on civil contracts in electronic form, including but not limited to sale and purchase, distribution of the goods, service contract, commission, storage, carriage, transport freight forward etc. The norms of the Law shall not however extend to such contracts, which, in accordance with RA legislation have to be notarized and/or registered. The law should also limit the liability of intermediaries in accordance with the general principles of civil legislation of the countries.
Thus, electronic commerce is one of the most significant law in our country and in the whole world. Like every area of business these days, ecommerce is surrounded by a maze of red tape, rules and regulations. In fact, selling online tends to be worse because of the international dimension. And any slip-ups you make are there for the world to see so it's doubly important to be legal and decent. It should be taken care of on how to blemish such law. Finally, assuming that you are legal and decent, let the world know. Anything that adds to your credibility will help online.


Reference:
http://www.smallbusinesssuccess.biz/articles_week/ecommerce_legislation_taxation.htm

http://synergy.media.am/Downloads/e-commerce-indicators-eng.htm

http://www.4th-media.net/overview/ecommerce_problems.php
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Clenemae G. Galgao

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PostSubject: Assignment 1   Fri Dec 12, 2008 11:12 am

Every now and then people interact to things not just to socialize but to gain profits. And we can’t deny the fact that there are various ways to find money and buy things now that is more convenient without spending so much of your money, effort, and time strolling around from one market to another market to look and find for stuff or things that you want. Interaction between one people to another; accessing of information from the books, journals, magazines; and even buying goods and heading for services can be done by the most convenient machines technology brought up for called computer. Which gives all the information you like, it can be a library, a store, a place for meeting and socializing friends, or it can be an entertainment room.

Well, because of the rapid changes and innovation of technology there is a tool that has brought into life to be used in the business world. In making several transactions like paying, buying, delivering, purchasing, supplying and many others of goods and services all around the globe, and because of that situation e-commerce exist. E-commerce is the exchange of information and transactions using any form of electronic communication. E-commerce is not just for business but we can count also the normal way of living life. The area of business now is huge and spreading widely and from the natural way of buying and selling goods and services and from the natural way of interacting between buyers and consumers to the modern ways of transaction and interaction of the buyer and consumer in the market. Of course transaction online involves a lot of money and every single action or thing is abide by law, online businesses and transactions also have policy and rules also to consider like the offline world. Because selling and buying online is more risky than selling and buying it personally in the market because the action you have to take can be broadcast so to make it sure that it’s safe it must be put up with some regulations or law to become legal and decent.

Buying online or online shopping is easy and faster, you can communicate from one people to the others through various sites in the internet. To know more about the product, and to know more about the company who’s into. It reduces cost of information in just a click away you can collect as many information as you want instead of buying magazines to inform the legality and the name of the company and products. Buying online has its convenience because you can shop what you want from books, foods, clothes, cars and many more. You can pay your bill, or manage your finances through online. You can even try to find work and do your job in the convenient of your home.

But of course there are some problems that will arise and that we can’t control even for the convenient it takes. In sending and receiving mails or messages, you can also receive messages called spam or even viruses coming from someone anonymous to you. The other thing is that the important information that you sent can be used by other people. You maybe hacked by someone. When in terms of the product you can see the images that it is good but how about the other factor you must consider? You can really sure of the quality of the product. That’s why if you want to be make sure you are in the good track. Be sure to clarify all the possible information that will be hold that the company who introduced such product is legal and existing many years now. Also, are they following certain rules and regulation that the government wants to be implemented in every transaction to be made.

One of the most important factors in this kind of business is trust, the trust of the consumer to the producer and the trust of the producer to the consumer. If the company or enterprise made some regulation like of course both parties should have all the information they needed in order to know the company and in order to know the client if the client give the information needed for that particular company the company should be accountable of it that the company will leave all the information one a client from the others. If the company will not commit the rules they made they can’t gain trust to there clients. Privacy and security of information are the most spread out issue when it comes to online activities. Be sure that the company used to have such thing.

Since one’s privacy is very important some legalization has been mandated in order to protect the owner of the information and to protect the clients’ intellectual property from the intruders who wants to take the property of others.

There is an article I had read that the Philippine Congress enacted the Electronic Commerce Act in 2000. This law came out, which provides the legal framework for e-commerce, it gives documents and signatures transmitted electronically the same legally binding effect or legal protection as paper-based documents. Such electronic transactions would also be admissible as evidence in legal disputes. The Electronic Commerce Act also mandates the computerization of government offices that issue permits, licenses and other documents. It aims to reduce government red tape by requiring all government agencies to switch from paper-based to electronic documents in government transactions. Government agencies have moved gradually (though slowly) towards computerization in the last five years. The law also prescribes three years imprisonment and a fine of P100,000 for computer hacking, but it does not cover such areas as taxation, the jurisdiction of disputes or intellectual property. The Philippine government signed the e-ASEAN Framework Agreement in 2000. The agreement binds the ten members of the Association of South-East Asian Nations to harmonize regulatory frameworks and infrastructure for e-commerce. It aims to create high-speed regional Internet connections and eliminate duties on computer products and services by 2010.

Also, there is a law that is mandated to e-commerce in terms of the taxation which is released by the Bureau of Internal Revenue (BIR) for the public comments a draft of regulation which is imposing the value added tax and income tax to every transaction that has been taken in e-commerce. Which the information about the law is focusing on the products in the internet like music, computer software, graphic program, books, film or databases, that will held as intangible personal property. That if the person will download from a site of foreign one such the action that will be going to take, the client will pay and it is accompany by a VAT. It says that, “the tax paid and withheld would be treated as the withholding agent’s cost or expenditure for income tax purposes”.

Downloading materials now and downloading products and sites are many and now we can download videos, books, and music that we want not costly and for free. We can now freely surf it over numerous sites provided by us.

An article coming from Kenya which providing law that affects e-commerce and online transaction in their country that includes: Electronic transaction bill, ICT bill, and freedom of information bill. This was established to help the economic growth in their society. They believe that investing and supporting the e-commerce community will contribute and greatly help for their development and to promote innovation and open market. Technology now it strong, influential and brings up countless opportunity. Implementing the legislation is needed to legalize e-commerce transactions by recognizing an electronic signature, manage and control e-commerce risk, and remove e-commerce barriers. Since online shopping is risky than usual way its application in the public will make them most secure in the information they provided and also to reduce the problems that will occur online. The information and communication bill, 2008 and electronic transactions bill, 2007 were develop to improve the transaction being held online. And also to improve the quality of the bills and provide: provision on who can prosecute is missing; liability of internet service providers must be demarcated; clarification in which commercial documents are excluded from proposed legislation; eliminate any ambiguity on abmissibility of electronic evidence; need for data protection and privacy provision, this is the primary issue when it comes to the virtual world, the capacity of the data that can be secured and be remain private, we are not 100 percent sure if the data and information we provided are secured; the bills are more lenient on e-commerce fraud than on traditional fraud, in the cyber space ‘stealing’ is more prone and we don’t really know that the existence of some sites are true or just a spoofed to intrude others privacy ; remove inconsistencies in determining crimes and punishments; provision for the inclusions of cyber-crime within the scope of extradition act; and creation of an Administrator for e-commerce laws whose functions will be policy implementation and advisory, as a multi-sectoral body with industry associations. Those are the several issues which legislation are provided and implemented in one’s community.

Having a regulation and implementing the policy provided by the highest authority or by the government is really important. This will somehow use to regulate, to authorize us to our private life, to provide (in terms of financial), to declare, to sanction, to grant, or to restrict someone who have no authority within this matter. The rules and policy are established and mandated so that we are guaranteed safe and secure from the indigenous people or groups, not only an individual person. We have all the right in terms of our own property we must observe things, and practice to be wise in terms of it. We have the right to maintain, to protect manifestation from our own. Having all the possible legislation presented will help and benefited by the large numbers of consumers who are more convenient and following trend of the society this time, the business area, and the people like small-holder farmers, tourism operators, small scale industry and service providers in almost any business sector all over the world, business sectors who are trying to get the trust of their clients and serve high quality product.

Those guidelines being presented and provided will help ensure the consumer who are using e-commerce that state regulations of online legal services clearly focus on protecting consumers from convenient and low cost competition in routine legal matters. The online legal services industry should quickly establish a self-regulatory code of conduct explaining what online law can and cannot supply, but the bar itself should tread lightly where consumers are adequately informed about what they are buying from whom. The government, the decision they made, the law they made is not just about ensuring that laws are enacted by democratically elected representatives. All those are made to ensure that the public in general who are interacting such matters is given reasonable opportunities to contribute. Regulation of content, protection of intellectual property and consumer protection will be difficult to maintain for a government inexperienced in Internet matters. Authorities will probably become more sophisticated in regulating the Internet as they use it more often. The process whereby laws are prepared is as important as their content, it undergo different actions and perceptions, the higher authority spend time, effort, money to such law to be implemented because a more open, transparent and participatory process increases the likelihood that new laws will be will received, accepted, and properly implemented. All law existing is derived for the benefits of the public.

Although we have doubt on the several issues we encountered and heard. We should all welcome the online law provided for us it is for our own supervision, it will provide legal services cheaper, more convenient in a way, less confusing on the numerous problem arises, and it is better designed to replace fear and anger towards the law with trust and confidence.

But as the e-commerce activity are bound to be spreading, we should prepare for the big responsibility that will come to place because as it continue to spread out it become more and more complicated.

References:
http://www.legislation-and-regulation-for-e.html
http://www.ecommerce_legislation_taxation.htm
http://www.ecomassignment/legislationline.org.htm
http://www.ecomassignment/ndol_ci.cfm.htm


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julie ann niones

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PostSubject: Re: Assignment 1 (Due: before December 12, 2008, 13:00hrs)   Fri Dec 12, 2008 11:33 am

Electronic Commerce, more popularly known as e-commerce, had become popular a popular business transactions nowadays. It is the exchange of goods and services by means of internet or other computer networks. In addition to that it is the shopping, business transactions and business process involving selling and purchasing products through Web. Electronic commerce is takes place in various ways. Among these are Electronic data interchange, e-mail, fax and many others. And electronic commerce has several types and varieties of business that is conducted online that includes retail businesses that sell products to consumers, service providers that sell services to consumers, and business-to-business commerce. All of this different commerce is available through the net. However, among this commerce the retail transactions make up the largest part of electronic commerce (Scisco, 2007).

Since the emergence of computers and telecommunication technologies is also the start of electronic commerce. It is very popular these days and has already reached an insidious stage without us knowing it. Most of our transactions are than electronically and it has become a weapon by businesses to be used against its competitors. The competitions of business had reached to its wider perspective. The competition is not only within the country but to bigger arena. The competition is now around the globe. The existence of internet had made it all possible.

The birth of electronic commerce had improved our daily routines. It had made things easier for consumers, for business enthusiasts, for us. Lots of businesses today engage in electronic commerce for the reason that it offers several advantages to electronic commerce. Just for example, the purchase of products could be done through the internet thus helps us save time. In addition to that electronic commerce reduces transaction cost for the reason that it improves the flow of information and expands their markets.

The rapid growth of electronic commerce is because it offers a lot of benefits both for consumers and business enthusiasts. Among these consumer benefits are that communication is faster compared to before, you can meet people online and talk to people in Real time. It also allows you to promote yourself and publish or share work, reduce cost of information. Electronic commerce also offers you to buy online, bank online and even look for a job. However, the disadvantages are that it is you may lose privacy, misinformed and lot of others. For businesses, customer services are improved, increase revenue, competitive position is improved and attracts new investment. But, on the other hand, it may cause customer dissatisfaction and poor priority status (Toral, 2005).

It has become the language in the world of business today, electronic commerce. There is an increasing competition among the businessmen worldwide thus, instigating each other to come up with strategies to outwit its competitors, to attract more consumers. The businesses countries by countries are now engaging in electronic commerce. It is the center of attraction in every business. However, on the other hand, electronic commerce does not cover every aspects of business. It does not cover everything when it comes to the needs of every consumer. It still has its limitations. In some way, electronic commerce is not enough or sufficient to satisfy all the demands or the needs of consumers.

Technology, economics, law, and social relations are what electronic commerce made of, structure. These are what electronic commerce constituted of. Technology is most important unit in electronic commerce while economics are concerned with the production, distribution, exchange, and consumption of goods and services. Economics helps business sectors to analyze the demand and supply in order to achieve efficiency both for consumers and business enthusiasts. In economics, the theory of supply and demands states that when the supply exceeds demand thus, the prices of goods should be lowered; at the same time as when demand exceeds supply thus, the prices of goods should be higher (2006). Businessmen supply goods for consumers in accordance to their demands. Electronic commerce follows the traditional commerce the only difference is that transactions are done electronically.

As it rise in its popularity, government of each country had written laws for the protection of the consumers and business sectors. Every law varies in each country however the content with regards to the implementation of the law is to some extent similar. In addition to the structure of electronic commerce is that the laws serve as consumers and business sectors’ protection thus; it gives assurance that rights are not violated against in any technology related criminal offenses.

Laws are created to control unlawful acts. To define it, law is an body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behavior of its members (Probert, 2007). The principle of electronic commerce law is that whatever is applicable and authorized in the real world will also be treated the same in the electronic world by recognizing its electronic counterpart (Toral, 2005). However, on the other hand, there are opinions from various authors saying that the legislation will never be able to control electronic commerce sufficiently to satisfy the demands of both the government and the consumers. Why is that so?

Electronic commerce only covers business transactions that could only be or possibly be done electronically. There are legislations that govern this. These laws about electronic commerce in every country have the same objectives. For instance, in the Philippines, the law for electronic commerce or Republic Act 8792 this Act aims to facilitate domestic and international dealings, transactions, agreements, contract and exchanges and storage of information through the utilization of electronic, optical and similar medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transaction in the government and general public. In addition to this Act is that it shall apply to any kind of data message and electronic document used in the context of commercial and non-commercial activities to include domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information. And such service providers shall have no authority to modify or alter the content of the electronic data message or electronic document received or to make any entry therein on behalf of the originator, addressee or any third party unless specifically authorized to do so, and who shall retain the electronic document in accordance with the specific request or as necessary for the purpose of performing the services it was engaged to perform (Citation needed).

Among the demands of consumers is that the confidentiality of the data or information is protected. Privacy of personal information is a significant issue for some consumers. Different legal jurisdictions have different laws concerning consumer privacy, and different levels of enforcement (Wikipedia, 2008). In the midst of the electronic commerce law, Republic Act 8792, it provides recognition and use of electronic commercial and non-commercial transaction and documents as well as the penalties for unlawful use thereof and for other purposes. In addition to that it also states that consumers have the right to choose to the type and level of security that suit to their needs. In addition to, the law also mandates the authorities and parties with legal authorities that electronic data messages, electronic documents and electronic signatures shall not be shared or conveyed to any other person for confidentiality purposes. Thus, the consumers or the users of electronic data messages, electronic documents and electronic signatures are provided a sense of security that the confidentiality is rest assured.

In India, their electronic commerce law or Information Technology Act of 2000 states that it provides legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communications which involves the use of alternative to paper-based methods of communication and storage of information, [and] to facilitate electronic filing of documents with the government agencies… (Citation needed). It is where it establishes the legal validity and enforceability of digital signatures and electronic records thus, this law wanted to protect consumers against any unlawful act.

Electronic commerce had brought improvement to both developed and developing countries. Like France, a developed country where there are strong impact on electronic commerce. Their progressive switch to a digital economy only proves that a careful implementation of the long-term viability of applications. Their implementation of the principles of electronic commerce with a voluntary policy aimed to stimulate the rise of Information Society and Digital Economy. That is to build an information society for all to prevent digital gap and to help their country to catch up with other countries in terms of interne usage. With this implementation and France’s involvement had removed the obstacles hindered the use of internet.

“Keeping the purpose of newsgroups and mailing lists; Legitimacy of the processing: no electronic mailing without consent; Prior information: no collection without the person’s knowledge; Right to object: possibility to object to the collection of one’s e-mail address for directs marketing purposes.” This is one of France Electronic Commerce Law that is comparable to the ones like in the Philippines. That is to consumer’s confidentiality of information. In the company of France adaptation of electronic commerce had made its marketing more flexible, more internationalized, more accustomed to competition and reorganized accordingly (citation needed).

The creation of Electronic Commerce Law to every country is to serve it as a guide and to recognize and use of electronic commercial and non-commercial transactions and documents. In addition to that penalties are specified for those who abuse and for those who do not follow the law. The legislation had satisfied the government and consumer demands because the use of electronic commerce improves economic efficiency, it allows the use of business models, magnifies the effect of other changes going on in business, and it results to some changes in a society (Citation needed).

The emergence of electronic commerce had help to develop economic status. The results to economic, business and transaction industries have brought up changes to a country. Just like in Canada that their reliance on Electronic commerce had an increased in their sales of goods and services over the internet as of 2001. Implementation of electronic commerce seemed to a country’s economic growth and stabilization. Foreseeing these possibilities, lot of leaders of every country had started to implement electronic commerce because of its huge help to its market, to its economy. And as to the implementation of electronic commerce government plays an important role to the growth of electronic commerce. Because a fully structured e-commerce law is very important to countries that invest well on companies and individuals that perform an exchange of information or transactions using any form of communication. And the law had helped the country boost electronic commerce and made the country as one of the legitimate players in the global marketplace. In addition to that, electronic commerce laws gives appropriate consideration to the threat that fraud and deception on the Internet pose to the growth and public acceptance of electronic commerce. And these laws establish safeguards that can avert many of the abusive practices that marked earlier technological innovations in the marketplace (Citation needed).

Electronic commerce had a huge part in businesses nowadays. It had improved our lifestyle and it made things easy. The traditional business transactions in the past can de done through internet or any other electronic means. Because of its advantages that it offers had been the prime reason why consumers and government adapted it. Though it has lots of benefits to offer on the other hand, it still has its disadvantages on its side. For assurance, governments had written laws to protect business enthusiasts and consumers rights along with penalties for those who abuse or those who do not follow the law. The laws primary concern is to protect the confidentiality of personal information of consumers who are engaged with electronic businesses. These laws are written in accordance to consumers needs and as for the government’s role are to implement this law.


References:

1. Scisco, Peter. "Electronic Commerce." Microsoft® Student 2007 [DVD]. Redmond, WA: Microsoft Corporation, 2006.
2. Lekachman, Robert. "Economics." Microsoft® Student 2007 [DVD]. Redmond, WA: Microsoft Corporation, 2006.
3. "Supply and Demand." Microsoft® Student 2007 [DVD]. Redmond, WA: Microsoft Corporation, 2006.
4. Toral, Janette (2005).”Introduction to E-commerce”
5. Wikipedia (2008). “Online Shopping.” http://en.wikipedia.org/wiki/Online_shopping [last accessed 19 November 2008]
6. Probert, Walter. "Law." Microsoft® Student 2007 [DVD]. Redmond, WA: Microsoft Corporation, 2006.
7. Toral, Janette (2005). “Advantages and Disadvantages of E-Commerce.”



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PostSubject: Assignment 1   Fri Dec 12, 2008 12:15 pm


Every time the years pass by our environment is also change, change in the terms of technology we use, in how we communicate with the other people, on the flow or course of our administration systems and the way we make a transaction. Because people are so organize that they want is to make their life became fast and easy, even in dealing the ordinary works or transacting someone must be consistent, accurate and comfortable. That’s why even the power of Internet which we all know that Internet help a lots of to us especially for the new style of communication and transaction is been used for our daily life. And by the time goes by, people created some kind of innovations which lessen the jobs like paying some bills, buying some goods and selling some services by just using the Internet. And when they find out the result is very become helpful and useful, it is vastly created a nice idea to all and the good example of it is the electronic machine like ATM which the process is so fast that you only thing to do is to enter your card and you can directly now operate your saving or funds with clicking the buttons, because the transaction between the user and money is been process online or electronically. Amazaon.com is also another good example which we all know as a large online buy and sell products system that all the business deal through Internet on an online form to an electronic way and this is the Electronic Commerce or normally known as E-commerce is made and give birth for as a new trend commerce. From the two words Electronic and Commerce which has different meaning or definition, Electronic includes created, recorded, transmitted or stored in digital form or in other intangible form by electronic, magnetic or optical means or by any other means that has capabilities for creation, recording, transmission or storage similar to those means and electronically has a corresponding meaning and for the word Commerce means the buying and selling of goods and services that always be done or seen normally in a commercial or advertisement.

Electronic Commerce or E-commerce is a new style of method of transacting some business using the information technology, which allows physical processes to be replaced by electronic ones. It is fundamentally an open system, usable by all projects anywhere provided an appropriate infrastructure is present, and has low of obstacles of entry. Others Electronic commerce is some times can be defined as a sales over the Internet where all the trading of business are online but not necessary in an on-line form you can manage it can be also in an off-line form as long as their an electronic operation is build. A fully structured e-commerce law is very important to countries that invest well on companies and individuals that perform an exchange of information or transactions using any form of communication. A good electronic commerce law accommodates various forms of future technologies, it should not be biased or favorable toward any technologies. It should give the parties conducting electronic commerce the freedom to choose the security level that suits their needs. And electronic commerce is widely acceptable and the most recent approach and fashion in making business and trades. Service industries, in general, have embraced the basic technologies for e-commerce in terms of computer and Internet use. Electronic Commerce is compose of three elements, first the Business-to-consumer or B2C where consumer are been shopping through World Wide Web. Second is the Business-to-business or B2B where the transaction of both businesses is conducted on the world wide web and last the Electronic Funds Transfer or EFTs also called wire transfer where the transaction and the business process that support selling and purchasing activities is been made through world wide web. That law also must provide guidelines on how electronic documents can be stored electronically. But making or passing a certain law in a Government is not easy to do because theirs lots of condition to make in order the set of laws you want to achieve can really be suitably to satisfy the demands of both governments and consumers or even the businessmen. And the law that they passed in the terms of electronic commerce in our country is the Philippine E-Commerce Law Republic Act 8927, which an Act providing for the recognition and use of electronic commercial and non-commercial transaction and documents, penalties for unlawful use thereof and for other purpose. Because in the time when Internet is become popular our country is become a legitimate or lawful player in the global businesses or marketplace, that the business market or the Internet community of our country has been played as a major role in pushing for its passage. And this law is approved because the significant and relevant features of RA8792 are it gives legal recognition of electronic data messages, electronic documents, and electronic signatures, allows the formation of contracts in electronic form, makes banking transactions done through ATM switching networks absolute once consummated, parties are given the right to choose the type and level of security methods that suit their needs, provides the mandate for the electronic implementation of transport documents to facilitate carriage of goods. This includes documents such as, but not limited to, multi-modal, airport, road, rail, inland waterway, courier, post receipts, transport documents issued by freight forwarders, marine/ocean bill of lading, non-negotiable seaway bill, charter party bill of lading. The RPWeb is the one who implemented authorizations and permission to give the government to have capability to do or experience the e-commerce. RPWeb is a strategy that intends to connect all government offices to the Internet and provide universal access to the general public by the help of others government sectors like The Department of Transportation and Communications, National Telecommunications Commission, and National Computer Center by coming up a policies and rules that shall lead to substantial reduction of costs of telecommunication and Internet facilities in making some cable, broadcast, and wireless physical infrastructure within the activity of telecommunications, sponsored by the Department of Trade and Industry to supervise the development of e-commerce in the country. And another goal of the e-commerce law is to facilitate domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information through the utilization of electronic, optical and similar medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transaction on the government and general public and even the other countries. Because not only Philippine have an E-commerce Law that passed to their bill in their each government areas. Every country has its unique declaration of their E-commerce law. Each has different point of views and there own strengths and weaknesses. Electronic commerce is a vital part of emerging knowledge-based economy. Because the outcome of economic, business and transaction industries can be have brought up several changes too on countries that believed in the natural characteristics of e-commerce to help develop economic status. The countries who implement this Electronic Commerce Law are normally the biggest and powerful nation like the Canada, France, India, New Zealand, Switzerland, United Kingdom and United States of America. And this following country is giving a lot of contribution in the world in terms of their technology they used and economic they produce for the jobs we can get from them and foods they export.

Electronic Commerce Law in Canada is doing a confidence upshot that it was lead to charge as a result of their E-commerce reliance, particular in the public service sector, wholesale, retail, transportation and warehousing industries appear to be leading the way in terms of the amount of electronic commerce sales and growth. Even though the percentage or ratio of firms selling on-line increased marginally, electronic commerce sales still accounted for only a small portion or fraction of total operating revenue of their country. And the electronic commerce in Canada is also means it our country that they defined as sales over the internet, with or without on-line payment. The appropriate examples of legislation and its application of electronic commerce law in Canada is the Personal Information Protection and Electronic Documents Act (Bill C-6) and this bill is been working to establish a legal framework that will give Canadians security and confidence to use the Internet as a place to communicate and to do business, and to facilitate electronic commerce nationally and internationally in a secure environment. This act supports and promotes electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and this kind of idea in Canada are the same with the USA that they used the electronic commerce for the electronic storage and electronic transaction. Electronic Commerce Law in France is like been in a late stages or adoption of technology but still they enter into the list of famous country who passed the electronic commerce law and being as one of the most developed country in the world. Because in the time that France was transformed into a service economy, most organizations become more flexible by externalizing non-core activities and by implementing modular principles of organization and the large companies went out through international too. Then France is become a developing country who mostly used the Information Technology especially in telecommunications, that the Internet in France is much less intensive than in countries with the same characteristics. And this has a great and strong impact on electronic commerce based on the Internet. Electronic commerce in France is now being implemented when really useful and profitable. Because of this positive result France was made an entry or launched a program which the objective was to build an information society from all, to prevent a widening of the digital gap and to help France catch up or update always with other countries in terms of the Internet use which called PAGSI (Government Program for the Information Society). Electronic Commerce Law in India is scoping with the digital signatures and electronic records that generally applicable to all communications. This Act seeks to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as electronic commerce, which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies. And the Indian e-commerce law, being subjected under the parliamentary form of government, has obviously more sections that tackle about more serious phases of the IT online industry, that is why India is currently the top Asian country in terms of IT infrastructures and programs even though India past economic was so low still they in the flow. Electronic Commerce in New Zealand, Switzerland and United Kingdom are also both have intentions for using the electronic commerce for their country, which they used this kind of trend for making their country come up with other top and famous country.

Technology is so very important to people, to country and for the world. Technology like the new style of transaction which is the Electronic Commerce or E-commerce is really given a great result and impact for the country who undertake to put into service. Truly, technology has upgrade the ways and means of business transactions worldwide that is why it is of great importance that a country has a solid structured law that will serve as a basis for controlling the use and misuse of e-commerce transactions. The Electronic Commerce Law is been presented for providing businesses the flexibility to design computer applications that fit their unique needs, and allowing the technology and electronic commerce marketplace to decide which technologies will be most appropriate. Also, businesses have greater flexibility when implementing new practices and procedures to conduct electronic transactions or comply electronically with federal or state laws and regulations. Thus, other businesses may be more willing to adopt electronic methods to attract new customers and transact business electronically. Because the only important of this all technology like E-commerce is to make the life of human become quality.

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PostSubject: Re: Assignment 1 (Due: before December 12, 2008, 13:00hrs)   Fri Dec 12, 2008 3:57 pm

Electronic commerce also known as e-commerce is the exchange of information or transaction using any form of electronic communication. Electronic commerce can also be referred to as electronic transaction. And in most countries electronic commerce can only be referred as electronic transaction if it has commercial value, but according to e commerce act of 2000 which is the Republic Act 8792 stated that both commercial and non commercial activities fall under the scope of electronic commerce.

As stated in RA 8792 Declaration of Policy, “The State recognizes the vital role of information and communications technology (ICT) in nation-building; the need to create an information-friendly environment which supports and ensures the availability, diversity and affordability of ICT products and services; the primary responsibility of the private sector in contributing investments and services in ICT; the need to develop, with appropriate training programs and institutional policy changes, human resources for the information age, a labor force skilled in the use of ICT and population capable of operating and utilizing electronic appliances and computers; its obligation to facilitate the transfer and promotions of technology; to ensure network security, connectivity and neutrality of technology for the national benefit; and the need to marshal, organize and deploy national information infrastructures, comprising in both communications network and strategic information services, including their interconnection to the global information networks, with the necessary and appropriate legal, financial, diplomatic and technical framework, systems and facilities”.

Commercial and non commercial activities differ but fall under the scope of electronic commerce. Commercial transaction or activities refer to acts, events, transaction or dealing among parties, that includes but not limited to factoring, investments, leasing, consulting, insurance, and all other services. Manufacture, processing, purchase, sale, supply, distribution and transacting in any manner of tangible and intangible property of all kinds such as commodities, goods, merchandise, financial and banking products, patents, participations, shares of stocks, software books, works of art and other intellectual property. However, all non commercial activities are those not included in the list of commercial activities.

Electronic transactions such as having business over the telephone, sending a fax, withdraw money from an ATM machine, sending a text message confirming purchase or payment through cellular phone, paying for groceries using a credit card, ordering or buying books over the internet, etc. are the different form of electronic commerce. Yet, electronic commerce or electronic transactions are not limited to the internet alone. We consider that internet is the information highway of public network where electronic commerce and different form of communication takes place. To understand more, this can be referred to as internet commerce and only a part of e-commerce. Transaction using cell phones or any mobile devices can also refer to as mobile commerce. Remember that e-commerce, from its definition mentioned about is any transaction that uses electronic devices.

In the Philippines we’ve been doing or practicing electronic commerce since the emergence of computers and telecommunication technologies. It become more widespread as fax machine was used in sending files or documents, point of sales (POS) system and bar coding have been implemented in retail shops, automated teller machine (ATM) in bank systems, wireless telecommunications, the use of credit cards and ATM machines in making purchase transactions.

In 1994, the use of internet came into the business world and creates changes or shall I say innovation in business process. With internet, e-commerce entered into the new trend. Businesses built website to attract more customer as well extended their reach worldwide even if they were personally based in the country, but able to cater and do distance transaction. With that business or other transaction are closed into either online or offline.


As we have observed electronic commerce provide many new way for businesses and consumers to communicate and conduct businesses. With e-commerce, businesses being able to conduct business anytime (24x7x365), they can have access in the global marketplace via internet so their business in open to any customers worldwide whom are connected in the internet. Businesses nowadays are already facing international or worldwide competition because of web-enabled business process. Speed also is a big factor because electronic communication allows instant way of changing information and there’s no need to wait as delays has no part in internet or e-commerce world. It also made anyone to have an opportunity to reduce cost as everyone can search or shop via internet, thereby bypass wholesalers to gain cheaper price for efficient products or services. Internet have considered to provide the new marketing channel as it has the following characteristics: (Peterson et al. 1999)
• the ability to inexpensively store vast amounts of information at different virtual locations
• the availability of powerful and inexpensive means of searching, organising, and disseminating such information
• interactivity and the ability to provide information on demand
• the ability to provide perceptual experiences that are far superior to a printed catalogue, although not as rich as personal inspection
• the capability to serve as a transaction medium
• the ability to serve as a physical distribution medium for certain goods (e.g., software)
• relatively low entry and establishment costs for sellers

With the existing E-Commerce law that governs all electronic transactions and empowers all exiting laws, it made possible to recognize each electronic counterparts. Say for instance, if one promises payment in a e-mail or via text message, that can be considered as promissory note of electronic counterpart. However, several authors feel that legislation will never be able to control electronic commerce sufficiently to satisfy the demands of both governments and consumers. Why was this so???

There are some disadvantages and constraints of electronic commerce.
• Time for delivery of physical products. It is possible to visit a local music store and walk out with a compact disc, or a bookstore and leave with a book. E-commerce is often used to buy goods that are not available locally from businesses all over the world, meaning that physical goods need to be delivered, which takes time and costs money.

• Physical product, supplier & delivery uncertainty. Having transaction in the internet, is not a guarantee that you are having a legitimate transaction. Why? Primarily because, say for instance buying products via internet, quality and durability of the product is not assured. Secondly, you cannot be sure if you are having a legal transaction. Lastly, you keep on wonder if product you’ve buy will arrive or not.

• Unpreserved goods. Goods bought and sold via the Internet tend to be durable and non-perishable: they need to survive the trip from the supplier to the purchasing business or consumer. This shifts the bias for perishable and/or non-durable goods back towards traditional supply chain arrangements, or towards relatively more local e-commerce-based purchases, sales and distribution.

• Limited and selected sensory information. The Internet is an effective medium for visual and auditory information: seeing pictures, hearing sounds and reading text, but it just limited on that. It does not allow full scope for our senses: we can see pictures of the flowers, but not smell their fragrance; we can see pictures of a hammer, but not feel its weight or balance. If we were looking at buying a car on the Internet, we would see the pictures the seller had chosen for us to see but not the things we might look for if we were able to see it in person. And, taking into account our other senses, we can't test the car to hear the sound of the engine as it changes gears or sense the smell and feel of the leather seats. There are many ways in which the Internet does not convey the richness of experiences of the world. This lack of sensory information means that people are often much more comfortable buying via the Internet generic goods - things that they have seen or experienced before and about which there is little ambiguity, rather than unique or complex things.

• Returning goods. Returning goods online can be an area of difficulty. The uncertainties surrounding the initial payment and delivery of goods can be exacerbated in this process. Will the goods get back to their source? Who pays for the return postage? Will the refund be paid? Will I be left with nothing? How long will it take? Contrast this with the offline experience of returning goods to a shop.

• Defined services & the unexpected . E-commerce is an effective means for managing the transaction of known and established services, that is, things that are everyday. It is not suitable for dealing with the new or unexpected. For example, a transport company used to dealing with simple packages being asked if it can transport a hippopotamus. Such requests need human intervention to investigate and resolve.

• Personal service . Although some human interaction can be facilitated via the web, e-commerce can not provide the richness of interaction provided by personal service. For most businesses, e-commerce methods provide the equivalent of an information-rich counter attendant rather than a salesperson. This also means that feedback about how people react to product and service offerings also tends to be more rough or perhaps lost using e-commerce approaches. If your only feedback is that people are (or are not) buying your products or services online, this is inadequate for evaluating how to change or improve your e-commerce strategies and/or product and service offerings. Successful business use of e-commerce typically involves strategies for gaining and applying customer feedback. This helps businesses to understand, anticipate and meet changing online customer needs and preferences, which is critical because of the comparatively rapid rate of ongoing Internet-based change.

• Size and number of transactions. E-commerce is most often conducted using credit card facilities for payments, and as a result very small and very large transactions tend not to be conducted online. The size of transactions is also impacted by the economics of transporting physical goods. The delivery costs also mean that buying individual items from a range of different overseas businesses is significantly more expensive than buying all of the goods from one overseas business because the goods can be packaged and shipped together.

• Privacy, security, payment, identity, contract. Many issues arise - privacy of information, security of that information and payment details, whether or not payment details (eg credit card details) will be misused, identity theft, contract, and, whether we have one or not, what laws and legal jurisdiction apply. In e-commerce environment, everyone benefit from its accessibility but its access cannot be limited on those legally and authorized person but to those unauthorized as well. Somebody don’t have an ability to predict what’s on the mind of these unauthorized persons, so nobody will know if they’re gonna crack your system and get whatever beneficial. Worst thing if you still don’t have an idea that you already victimized.
RA 8792 provides legal recognition of electronic documents, electronic data messages, and electronic signatures. P Communicating parties are given the right to choose the type and level of security methods that suit their needs. Penalties are imposed to crimes such as hacking, cracking, and piracy offenses. However, in this technological age where in anything can be accessible via internet it is also possible for unauthorized individual but technically knowledgeable to enter and gain access on confidential information. Damages on depriving one or business privacy will follow. The same way, it also made easier to copy a business transaction that lead to illegal conduct of it by unauthorized persons. Furthermore, it is impossible to trace those persons conducting illegal transaction and commit crimes and piracy offenses. Being connected online cannot revealed someone real identity. Internet users can maintain not to revealed real identity if they wanted to, this is why as mentioned earlier that many issues arises regarding privacy information, security of information and payments details, misused of credit card details, and other privacy offenses. Unauthorized person will able to do all of these without caring to reveal their real identity. How the law and jurisdiction may able to control it.


Reference:
http://www.marcbowles.com/sample_courses/amc/ec1/ec1_3.htm
http://www.lawphil.net/statutes/repacts/ra2000/ra_8792_2000.html
http://ituloy--angsulong.blogspot.com/2006/11/republic-act-8792-e-commerce-law-of.html

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PostSubject: Re: Assignment 1 (Due: before December 12, 2008, 13:00hrs)   Sat Dec 13, 2008 6:59 pm

Among the things that I am amazed of includes the processes involved inside or through the internet. Being able to buy things such as books, gadgets and other materials and tools is a very confusing topic for me since. Questions arises one by one, asking every step of the way as this kind of procedure is being done in the net. I was even asking myself, are the people secure in giving their card numbers to this people who are selling? Are they protected to the hackers which are so common over the net? Committing crimes is so hard to catch since their are also people who are very striking when it comes to digital world. There are so many questions that even myself thinking could only make my head ache searching for a somehow fit answer. Does the government have any idea of these transaction on the net? or The people selling over the net don’t need permission from the higher ups? Does the government offer protection to consumers who are exchanging goods over the net? These are just among the few questions that I had question myself over the past years. But first, let me just have a brief history of how and when e-commerce started to develop and emerge.

Commerce had been known for ages even in the early times, people are born with the ability to sell and consume products for their own. Commerce, is being describe as trade in goods, and usually implying trade over a distance. The British economist Adam Smith wrote in The Wealth of Nations (1776) that “the propensity to truck, barter, and exchange one thing for another” is an intrinsic characteristic of human nature. Smith also observed that the expansion of commerce is a critical component of the process of modernization.

In ancient times, transporting goods over any significant distance was an expensive and risky enterprise. Thus, commerce was restricted mainly to local markets, and the most commonly traded articles were foodstuffs and clothing. Most people spent the bulk of their resources on food, and what they neither grew nor gathered themselves they obtained through trade. The same was true of clothing: garments were either produced and handed down within the family or acquired through trade. In addition to food, clothing, and shelter, the rich devoted their income to conspicuous attire, jewellery, and works of art. As a result, an important trade in luxury items developed.

Through the years of modernization, commerce had developed its way that it also is present in the digital world of computers. Transactions are now being done through the use of information exchange over the net. This kind of communication and passing over of vital information is now a source of viewed criticism both with the consumer and the producer. Critics had viewed that the legislation being given to the e-commerce could not hold both the demands of government and consumers. There are some Legislations that handles the issues being mount by the need of people security in term of e-commerce. The second part of the ELECTRONIC COMMERCE ACT, which is the

APPLICATION OF LEGAL REQUIREMENTS TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS states mainly of how the user or consumer had been validated through the use of digital signature.

3. For the purposes of any law in Malta and subject to the other provisions of this Act, a transaction is not deemed to be invalid merely because it took place wholly or partly by means of one or more electronic communications.

4. (1) Unless otherwise prescribed, the provisions of this Act, other than any provisions relating to signature certification services, shall not apply to those activities or areas as are listed in the Fifth Schedule. The Minister may after consultation with the competent authority, by notice in the Gazette amend the Fifth Schedule.
(2) Where the Minister is of the opinion that -
(a) technology has advanced to such an extent, and access
to it is so widely available, or
(b) adequate procedures and practices have developed in
public registration or other services, so as to warrant
such action, or
(c) the public interest so requires,
he may, after consultation with that Minister as in his opinion has sufficient interest or responsibility in relation to the matter, by Order in the Gazette extend the application of this Act or a provision of this Act to or in relation to a matter specified in
subarticle (1) above, including the applicability to a particular area or subject, or for a particular time, for the purposes of a trial of the technology and procedures, subject to such conditions as he thinks fit.
5. (1) If under any law in Malta a person is required or permitted to give information in writing, that requirement shall be deemed to have been satisfied if the person gives the information by means of an electronic communication:
Provided that -
(a) at the time the information was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent
reference; and
(b) if the information is required to be given to a person, or to another person on his behalf, and the first mentioned person requires that the information be given in accordance with particular information technology requirements, by means of a particular
kind of electronic communication, that person’s requirement has been met; and (c) if the information is required to be given to a person who is neither a public body nor to a person acting on behalf of a public body, then the person to whom the information is required or permitted to be given, consents to the information being given by means of an electronic communication;
(d) if the information is required to be given to a person, or to another person on his behalf, and the first mentioned person requires that a particular action be taken by way of verifying the receipt of the information, that person’s requirement has been met.
(2) For the purposes of this article, giving information
includes, but is not limited to, the following:
(a) making an application;
(b) making or lodging a claim;
(c) giving, sending or serving a notification;
(d) lodging a return;
(e) making a request;
(f) making a declaration;
(g) lodging or issuing a certificate


Judging by how the legislation offers procedure to the specific course of action in the proceeding in e-commerce, it is undeniable that it a very long way. Validating would require many manpower to fully verify the identity of a certain person. Taking for example an example of e-commerce involving reservation of a flight using the net. Their must be procedures to be taken to as following the proper procedure. But it is not always possible since the number of people working versus the persons booking their flight would be vary mostly in big numbers. The legislation could not always answer the need for safety since the providers could not also provide what the legislation needs. There are also electronic form of documents that could not be totally controlled by the legislation since not all data and information in the net would be viewed by people guarding this kind of things.


Another legislation is concern with Electronic Contracts.
9. (1) An electronic contract shall not be denied legal effect, validity or enforceability solely on the grounds that it is wholly or partly in electronic form or has been entered into wholly or partly by way of electronic communications or otherwise.

(2) For the purposes of any law relating to contracts, an offer, an acceptance of an offer and any related communication, including any subsequent amendment, cancellation or revocation of the offer, the acceptance of the contract may, unless otherwise agreed by the contracting parties, be communicated by means of electronic communications.

10. (1) Unless otherwise agreed by parties who are not consumers, where the recipient of the service places his order through technological means:
(a) an electronic contract is concluded when after placing his order, the recipient of the service has received from the service provider an acknowledgement of receipt of
the order made by the recipient: Provided that the service provider must acknowledge
receipt of the order made by the recipient without undue delay and by electronic means; and
(b) the order made by the recipient and the acknowledgement of receipt are deemed to have been received when the parties to whom they are addressed are able to access them.

Here the legislation talks about receipt after the consumer had done any transaction from the provider. I think that because of the millions of people in the world accessing the power of having commerce in the net, it would not be possible to have a certain contracts with all the transactions.

Many countries such as the United States, the European Union, United Kingdom, New Zealand and Australia have introduced legislation to facilitate the increased usage of the Internet as a medium for contracting. The use of the internet for commercial transactions involving the sale of goods, aside from the question of security, requires only minor adjustments to the contractual law principles which apply to the transactions. The use of the Internet for land transactions is hampered by the need to reconceptualise the accepted notions of writing and signature for use in electronic transactions. In most common law jurisdictions the Statute of Frauds imposes a requirement for land transactions to be in writing and signed by the party to be charged. This article examines the development of the legal requirements for a signature in paper based land contracts in Australia using Queensland as an exemplar for other Australian jurisdictions and considers the following issues, in particular

* the conditions required by the Statute of Frauds for a valid signature;
* whether an electronic signature affixed to an electronic contract can serve the same functions as a manuscript signature for the purposes of the Statute of Frauds;
* different frameworks developed for regulating electronic signatures and the degree to which these frameworks meet the functional requirements of the Statute of Frauds.

The article propounds the view that current Australian legislation purporting to validate electronic transactions provides inadequate protection to parties entering electronic land transactions. The Australian legislation does not change the substantive requirements of the Statute of Frauds but purports to mandate the validity of electronic signatures provided certain criteria are met. It is suggested that the criteria, when examined in light of the reasons for signing a document in accordance with the Statute of Frauds, are insufficient to ensure an electronic signature meeting those requirements performs the same functions as a manuscript signature. The article urges the adoption of the two tiered approach in the Model Law on Electronic Signatures, Article 6 of which provides standards against which technical reliability of electronic signatures may be measured without limiting the availability of the flexible criterion embodied in Article 7 of the UNCITRAL Model Law on Electronic Commerce, which is reflected in the current legislative framework in Australia.

There are many critics that are criticizing that how could a signature be acceptable in the net? Signature as defined, is having your marked signatory's name written in their own hand on a piece of paper. So, there are some issues here that should be addressed. An example of these are validations of important or governmental documents over the net, should it be acceptable to have a digital signature for this kind of transactions? There are many ways to validate the persons validity over the net, the following are:
· Using a manuscript signature which is scanned as an image into a word processing file so that the document may be printed out for transmission by post or otherwise;
· Typing a name at the bottom of an email or document;
· Using a digital signature

As I was saying, not all of this legislation could control the emergence of almost all digital things, from contracts to signature, how could everybody in the world using the net could be possibly identified different from the others? People using the net for transaction is rapidly increasing and the controls over these things are not being totally followed. Due to these circumstances, I had think that maybe if there would be more people to monitor the transactions over the net, fraud would be lessen but totally stopped.
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Anthony E. Catamora

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PostSubject: Assignment 1   Mon Dec 15, 2008 4:27 pm


Through a wide emergence of technology in the world, mostly everyone in the world, such as those people in the first world countries, is experiencing convenience in dealing with their everyday works in office, home and everywhere. Technology intends to support the humanity through keeping the everyday lives’ chores and works or transactions accurate and faster more than human can do. Thus, most of the people are surviving through electronic businesses and transactions and operations by adopting different trends and concepts about electronic business or better known as electronic commerce (e-commerce). That is how the people get more benefits and take advantage of the effectiveness and usefulness of the tools and services offered by the existing technology right now. Of course, electronic commerce gives more opportunities to all people including us, Filipinos, who are able to compete instantly in the global market place providing there are rules and regulations to follow served by the government to protect the interests of all people.

Electronic commerce or e-commerce is identified as works or actions of finding and buying of products and services along in a information of system using electronic devices such as computers, cellphones and other likes via online or Internet connection or offline networking. Electronic commerce also happens through exchange of goods and services of both different private and public or government sectors or agencies in the local and international market place. As we observed that there is a rapid growth of population of Internet users in the world especially here in the Philippines. As time goes by, many and many more Filipino individuals or groups are eventually in into using of Internet through learning computers and other electronic devices just to have instant communication with their loved ones outside the country and also perhaps looking for a love life online. These are also why electronic commerce in the country, Philippines, has been continue to grow and grow over time where we are able to find place of marketing in the international or global business arena showcasing what we are able can do and the quality of service we are offering and can offer better quality to other country globally.

However, electronic commerce in local and global market place has been observed some vulnerabilities with regards to its rules and regulations or implemented legislations governed by every nations and international organizations. Some loopholes in the legislations in electronic commerce has been also recognized and reviewed by the governing bodies of other countries and here also the Philippines to ensure and strengthen the efficiency of electronic commerce. Yet, several authors feel that the legislations will not able to control the electronic commerce just to satisfy the needs of both government and consumers. Electronic commerce has world wide domination in the business trends in the world such as everyone in the world is subscribing electronic commerce for business survival in the international market place such that millions of millions of people fascinated and taking their own steps to manipulate the market on their own way overlooking the electronic commerce law posed by the governments.

The local and international electronic commerce law is facing these challenges imposed by massive Internet and electronic users by taking advantage to electronic commerce. Growing and unexpected law breakers from every corner of electronic world who continue to develop new ideas of getting the most of technology, lack of necessary fundings and trainings to members of law enforcement agencies and limited law jurisdiction have been very dominant in citing the reason why legislations will not be able to control the rapid growing of electronic commerce. Concerning jurisdiction, two main questions are addressed: (i) can an Internet site be regarded as a branch or establishment for any legal purpose? and (ii) is the level of interactivity relevant? As regards the first question, it seems that the tendency is to consider that a website does not qualify as a branch or permanent establishment. Thus, the place of establishment of a company providing services via an Internet website is not the place at which the technology supporting its website is located or the place at which its website is accessible, but the place where it pursues its economic activity. The answer to the second question for a large number of countries is also clear: whatever the level of interactivity of the website, it will not change the answer to the first question. However, if a site is an interactive one, it may lead some countries, which apply a doing business concept for court jurisdiction to assert jurisdiction as long as the interactivity can be seen as a clear link with the State whose courts assert jurisdiction. Giving example of the legislation of electronic commerce here in the Philippines or the Republic Act 8792, Act of 2000, it provides legal recognition of electronic data messages, electronic documents, and electronic signatures. This is covered in the RA 8792 section one states that it shall have application to any kind of data message or document generated, sent, received or stored by electronic, optical or similar means, regardless of whether the activity or transaction is commercial or non-commercial, private or public, or domestic or international. This means that whatever transactions have been made through electronic medium or generated devices are recognizable and covered by this law and is applicable to any illegal electronic activities. This also supported by the section two that says that electronically generated documents have the legal effect, validity and enforceability as any other legal document. Electronic documents are recognized as the functional equivalent of a written document for evidentiary purposes. Thus, there are several actors to consider in determining evidentiary weight of electronic documents such as reliability of manner or method in which it was generated, stored or communicate, reliability of the manner in which the originator was identified, integrity of the information and communication system in which it is recorded or stored, familiarity of the system by the person who made the entry, the nature and quality of the information that went into the communication system where the electronic document was based, and other factors affecting accuracy and integrity of the electronic documents as mentioned by arellanolaw.net. Many fraudulent related activities or transactions through electronic media devices such as cellular phones and computers and other likes are fully covered and convicted by this law. There are also now many reported fraudulent activities are happening by sending fake or false identity messages through cellular phones and e-mails over Internet and many are being victimized and hopeless to find justice about it. In section two of this act of 2000, electronic commerce law, states that it gives legal recognition to contracts and transactions in the form of electronic data message or electronic documents carrying electronic or digital signatures. Electronic signature can be any distinctive mark, characteristic, and/or sound in electronic form that represents the identity of a person and logically associated with the electronic document. [ 3] Digital signatures, on the other hand, are provided through a secret code, known as "electronic key," which secures and defends sensitive information that crosses over public channel into a form decipherable only with a matching electronic key [ 4] normally obtained from an Internet security company. Both electronic and digital signatures are necessary to ensure the integrity, reliability and authenticity of electronic documents, particularly those that qualify as an electronic contract. That is why many of Internet users and even individuals without Internet connection are liable of violating of this law even some government offices and establishments are merely doing some violations under this law. Just having example of this is installing different proprietary softwares in computers among schools, Internet Cafes, and even in individual home without genuine license, and downloading copyrighted files and documents without the consent of the owners is usually happening everywhere such as in schools, home and other wired place where everyone is taking the most of benefits of surfing the Internet. Another section in the Republic Act 8792 in section six states that the law was also made applicable to actions related to contracts of carriage of goods, including but not limited to: [ 5 ] (a) statements, declaration or information about the goods, (b) confirmation on the delivery, loading or receipt of the goods, (c) notices or communication on terms and conditions of contract; instructions to carrier; any loss of, or damage to, the goods; specific instructions for the release or delivery of goods; or, any other notice about the performance of the contract, (d) granting, acquiring, renouncing, surrendering, transferring or negotiating rights in goods, (e) acquiring or transferring rights and obligations under the contract. Contract of carriage of goods can therefore be in the form of electronic documents under the E-Commerce Act. However, in cases contemplated in (d) and (e), "no paper document used to effect any such action is valid unless the use of electronic data message or electronic document has been terminated and replaced by the use of paper documents. A paper document issued in these circumstances shall contain a statement of such termination. The replacement of electronic data messages or electronic documents by paper documents shall not affect the rights or obligations of the parties involved." This section generally talks about the applicable of the law to the actions committed to contact of carriage of goods unless the usage of electronic form of data will be terminated that will effect the action of the law. Another section in the Republic Act of 2000, Electronic commerce law, is in section seven states that Government offices, including government-owned-and-controlled corporations, should conduct their transactions electronically within two (2) years from the effectivity of the law. This only means that all government offices and government-owned-and-controlled corporations are now conducting electronic operations since then yet as I observed this is not taken seriously by some other government officers. In the section nine of Act of 2000 of RA 8792 also states that penalties of fine and/or imprisonment are imposed for violations as defined under the law specifically: (a) hacking, cracking or unauthorized access or interference, or corruption and destruction of computer, information and communication systems, without the consent of the owner, including the introduction of virus; (b) piracy, reproduction, distribution, transmission, or alteration of protected materials and intellectual property including electronic signatures; (c) violations of the Consumer Act [ 7] through electronic means; and, (d) other violations of the provisions of the e-Commerce Law. This section pertains to the illegal and harmful activities over Internet properties using computers will shall be taken act by this law however there are still many individuals are doing over the Internet just by overlooking the law which they create alarming threats to many users and users' intellectual electronic properties. The Philippine should take its full support with this law by providing the necessary funds to the local law enforcers of this law just at least it will contribute some sort of assurance to Internet users and other electronic devices' users for their self protection and the search for justice of victims will be taken seriously over alarming cyber criminals. However, this law will be only successful if both law enforcers and group of people or maybe an active organizations of different field of businesses and individual will cooperate each other well. I think this issue is a great challenge to global electronic commerce law enforcers.

Our law enforcers are having hard times in tracking such those kind of criminals from their hiding place. This is also why because of undisturbed growing population of people around the world are living to the fullest of technology nowadays and becoming susceptible of doing productive or worst illegal activities that could be beyond the jurisdiction of the law of electronic commerce and control enforcement agencies that turn out to be a great challenge of global electronic commerce. Thus, there are many people such as authors would feel that our legislation can not be able to control electronic commerce such that Government and consumers could be able to feel satisfaction served by the existing law.




references:
hthttp://globaltechforum.eiu.com/index.asp?categoryid=&channelid=&doc_id=8405&layout=rich_story&search=pharmaceutical
hthttp://www.ibls.com/searchkey.aspx?keyword=Jurisdiction
hthttp://www.digitalfilipino.com/writing_article.cfm?id=19
hthttp://www.arellanolaw.net/publish/itlj-issue1_07.html#2
http://www.arellanolaw.net/publish/itlj-issue1_02.html
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giesi mae l. gorgonio

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PostSubject: Assignment 1   Wed Dec 24, 2008 4:54 am

We all know that the technology has lead, help and influenced us in every aspect of our life. It is very evident that we are now very dependent on the technology. In this new era, the technology has helped us in very fascinating way.

Million of years ago, when the population of human in earth is very little, there wants also are few and simple. As man advances his scale of intelligence, his wants also increases. Early people are limited to his natural way of life or the basic necessity such as food, clothing and shelter but as time goes by his desires increases not only the comforts and convenience but even the luxuries. Human never ends its wants and he is never satisfied so the demand of supply arises and realized mighty occupation over the nature and attains advances in the scale of his intelligence and high degree of improvement in character. One of the method or process by which human or peoples at diverse time supply their needs is commerce. There is no educated or civilized community generate all the supply or the things which it consumed. Part or portion of its basic needs are supplied and interchanged by other communities or districts. Sharing and exchanging supplies to satisfy its needs and demands is the start of commerce. It is very impossible to produce the needed products of people in one nation because abundant product or plant may not be abundant in other area. The continuous growth of the population and the growth of their needs is the start of the commerce and business as well.

One of the seen major components in the society of today is business. It is believed to be the activity that fuels the development in the humanity.

The communication process that relays information about a business entity to interested users is accounting. According to Wikipedia.org (2008), accounting “is the system of recording, verifying, and reporting of the value of assets, liabilities, income, and expenses in the books of account to which debit and credit entries are chronologically posted to record charges in value.

As I mentioned above, accounting starts when the demands and needs of people grow and it all started back in the earliest days of human agriculture and civilization. Accounting is a communication process that relays information about a business entity to interested users. Being the language of business, accounting must be as important in business as in society. The growth and strength of a business entity cannot be monitored properly without accounting, just as the development and stability of society cannot be pushed without business activities. As we are heading to the modern world, the area of responsibilities covered of accounting becomes complex and complicated. The development of Internet and E-commerce has made a significant impact on accounting, a development that makes more important role of accounting in business and society.



But just like in the world where development is propelled by business activities, the internet has developed into a world where business activities have become very common but important events. Buying and selling of goods and services from and to anywhere in the world can now be conducted through the internet. This phenomenon is what we call e-commerce.

Business, therefore, has moved into the Internet. Being the language of business, accounting has to adapt and still work to be the universal language of business even in the internet. This is the direction that adds to the challenge on the works of accountant.

As the business is becoming more complicated because of the emergence of Internet that is continually growing and evolving, the challenges that are being address to the government are also growing. "No single force embodies our electronic transformation more than the evolving medium known as the Internet. Internet technology is having a profound effect on the global trade in services," according to a White House paper in 1997 quoted in one article in answers.com (2008).

Just like in the traditional business, electronic commerce consists of buyers and sellers of a particular product and services over electronic systems such as Internet and other involving computer networks. The emergence of internet has brought a significant lift to the amount of trade conducted electronically. Fund transfer, supply chain management, internet marketing, online transaction processing, electronic data interchange (EDI), inventory management systems, and automated data collections are some of the variety of innovations in commerce.

Digitized processes are leading productivity since in gains productivity in processes that are less expensive, less time consuming, and more useful.Though it is convenient to use the technology in doing business, there are still many people that are in doubt of their security in doing business online and the risk in doing it in the digital or virtual world. It is true that using the advances in technology is very advantageous for the reason that almost everything is just one click away; there are still drawbacks in which your tough decisions is needed. Since the ecommerce, there is an entirely emerging new set of principles in commerce. There are drastic changes brought to us by technology in the electronic commerce and one of the issues related to electronic commerce is piracy. It is undeniably true that the technology enables us to use services for free (like software) without protecting against piracy. This is only one of the issues that are related to the new digital world of business that needs to have a solution in order to ensure security and privacy. Also, today the meaning of competitor and industry are changing. The emerging principles of electronic commerce are the following: first, is that the physical world is giving way to a place where information is abundant and face to face is limited; second, technology is giving things away for free; third, the meaning of competitor and industry are changing (your current and future customers and suppliers may be your future competitors); fourth, industries are blending and changing, and affiliation agreements allow for the creation of entire product cycles without the ownership of inventory or production facilities; and lastly, pricing models are changing.

It is advantageous to use the available technology that is in the market to put up your own business but there are many risks that need to be dealt. Just like in any phenomenon that resulted with the help of the technology, electronic commerce has also dangers and weaknesses. In one article that I read mentioned that in doing business on the web, legal matters are the first thing to consider. There are risks in almost everything and business is no exception. Risk in doing business is worth when you think that you can make huge revenue. Legal issues are very important to consider when starting a business on the web. The security weaknesses of the electronic commerce like the security intrusions, viruses and other drawbacks like inability to provide services because of some certain instances like attacks and the likes are the continuous struggle evolving technologies.

Piracy is one of the issues that set different challenges. Major threat to individual freedom in facilitating business activities and provide services. Solutions to many problems relating to electronic commerce are not “straightforward”. Because of the vast number of problems related to electronic commerce, government has come up laws that will protect us privacy and security of people to face the challenges and formulate solutions relating electronic commerce problems. The field of electronic commerce governs commercial electronic transactions, primarily those executed through the internet, drafting electronic contracts and user agreement is necessary. There are many laws aiming to facilitate domestic and international dealings, transactions, agreements, arrangements, contracts and exchanges and storage information through utilizing electronic, optical and similar medium, modem instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transaction in the government and general public. These are the following lists of legal services for the components of electronic commerce law: Legal and corporate framework and safeguard for business models; Drafting electronic contracts and user agreements; Internet Jurisdiction; Digital Signatures; Copyright infringement; online publishing; Electronic retailing (e-tailing); Online & email related defamation; Software licenses and various other technology-related agreements; Online content licensing; 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; 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; Attribution: identifying the parties; Domain names and their control; Website and online jurisdiction issues; Terms of service: access contracts, online site or service agreements and application service providers; Linking; Liability for informational content; Consumer law issues in e-commerce; E-Mails and evidence in e-commercial contexts; Structuring the analysis of tax issues in the e-commerce context.

In the Southeast Asia, the Philippines become only the third country with legislation to promote and protect transactions. The electronic commerce law addresses the significant legal challenges facing Filipinos who wish to participate in this wealth-creating global phenomenon. According to Philippine Internet Commerce Society, the Philippine Electronic Commerce Act (R.A. 8792) has given many benefits to many Filipinos who wants to venture in the new digital world of business. “First, it gives validity and legal recognition to electronic documents, electronic signatures and electronic transactions. Second, it facilitates the admission of electronic documents and electronic signature as evidence in cases of disputes. Third, it outlaws and penalizes unauthorized access to information and interference in communications systems (i.e., hacking, introduction of viruses and the like). Finally, it calls upon government to formulate and institute programs that are not only supportive of e-commerce but would actually get the government online. Many questions will be raised especially in the first months of the law’s implementation. This is an initial attempt to provide some answers to questions regarding to how the law was intended to mean. This will discuss many, not all, provisions of the law that we feel is the most important for the private as well as public sectors”.

Philippine Electronic Commerce Act recognizes the need for policies and programs to develop human resources for the information age. It also recognizes the need to organize and deploy national information infrastructure.

Section 3 recognizes the authenticity and reliability of electronic data messages, as well as to promote the universal use of electronic transactions. Section 4 apply that any kind of electronic data message or electronic message or electronic document used in commercial and non-commercial activities. Under also in this law, information shall not be denied validity or enforceability solely on the ground that is in the form of an electronic data message or that is merely incorporated by reference in that electronic message. There are many coverage of this law that in one way or another has protected us against potential violence and risk linking to electronic commerce.

The government is keeping it self up to date with the current events and trends to provide sound legal solutions to the future of electronic commerce and business conditions. That is why her Excellency Gloria Macapagal Arroyo has signed a new law that will “establish a central authority responsible for compiling data from financial institutions, facilitate easier verification of a borrower’s creditworthiness. The newly approved Credit Information System Law (CISA) or Republic Act (RA) 9510, is created to provide information on the credit standing of persons and corporations. This law is believed to give electronic commerce a much needed shot in the arm for this market to finally take off in the country. “Tolentino noted that the industry group had pushed strongly for the approval of the CISA as early as last year, when it held a "networking night" during its national congress to raise awareness of the need to enact a law to create a database for credit information. The event featured Amado Tetangco, governor of the Bangko Sentral ng Pilipinas (BSP)--central bank of the Philippines--as the speaker because the proposed law then stipulated that the BSP should be the lead agency to enforce and implement the law”.

The government needs to be updated on the current events of technology and anticipate the future of electronic commerce and other internet and technology business conditions.




Sources:
[1] http://www.itecc.gov.ph/
[2] http://en.wikipedia.org/wiki/Electronic_commerce
[3]http://www.ecommerce-journal.com/news/12041_ebay_becomes_a_leading_marketplace_in_phillipines
[4] http://www.answers.com/topic/electronic-commerce
[5] http://www.zdnetasia.com/news/internet/0,39044908,62047922,00.htm
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Richard Mark Daliba

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PostSubject: Re: Assignment 1 (Due: before December 12, 2008, 13:00hrs)   Wed Jan 28, 2009 6:55 pm

E-commerce is all about selling goods and different services via the Internet. The seller and customer are not face to face at any point, with business conducted remotely, regardless of location and distance. This can pose a number of challenges to the formation and enforcement of contracts. A number of legislative initiatives affect business conducted online - they can be complex and change regularly. As far as e-commerce transactions are concerned, the legislation is primarily intended to ensure that online contracts are legally binding. The ways in which electronic marketing can be undertaken to promote the services of e-commerce providers are also regulated. This guide introduces you to the various regulations and provides practical advice on how to ensure that you comply with your legal requirements. However, it is not a substitute for professional legal advice.
With respect to the creation of e-commerce, different regulation was also established to cater individuals that were engage in the e-commerce. Through legislation, governments and consumers were interconnected and became partners when the safety and reliability on consumers is the issue. Come to think of a certain issue that don’t have legislation, you will surely got to the point that security and reliability will be less many. We all know that different transactions made online needs security that enables as the protection to hackers, crackers, thieves and other criminal acts online. Even though without the presence of money, there are also crimes arises that we cannot afford to handle with. Since even when you are just surfing the internet, many of internet users tend to hack on your accounts and profiles. And this as a simple transaction made also needed those legislations that would help and would ease your reliability.
There are many kinds of e-commerce law that were built to secure and protect its consumers. I have read a certain topic that the United Nations Commission on International Trade Law created a model law on electronic commerce that served as a guide for many countries who passed their perspective laws. And we are included on the 14 countries that already passed their perspective laws as of June 2002. Countries included were Australia, Bermuda, Columbia, Ecuator, France, Hongkong, India, Ireland and Jersey. And a certain guide was being made to help understand more the basic components.

The Republic Act 8792 or the e-commerce law was ratified last June 14, 2000. Because of this law, the Philippine Internet Community had come to rise on the marketplace. The electronic transaction guidelines of this law are:
1. It gives legal recognition of electronic data messages, electronic documents and electronic signatures.
2. Allows the formation of contracts in electronic forms.
3. Makes banking transactions done through ATM switching, network absolute once consummated.
4. Parties are given the right to choose the type and level of security methods that suit their needs.
5. Provides the mandate for the electronic implementation of transport documents to facilitate carriage of goods. This includes documents such as, but not limited to multi-modal, airport road, rail, inland, waterway, courier, post receipts, transport documents issued by freight forwarders, marine/ocean bill of lading, non-negotiable seaway bill and charter party bill lading.

Functional Equivalence
It was stated that an e-commerce law does not necessarily cover pure electronic transactions. It tackles issues as well about traditional paper documents that were converted or replicated in electronic form like through photocopying or fax transmission.
The context of functional equivalence is that these documents shall not be denied admissibility in legal courts just because they are in electronic form.
Media and technology neutrality
To accommodate various forms of future technologies it should not be made biased or favorable towards any technologies. It should not violate other technologies in terms of usability. In order to be accepted, those were the terms that should be followed. Being neutral on other forms of technology is its main goal.
Autonomy
Parties have the freedom to choose the security level that suits their needs. Parties in the contract have the right to agree on how they will electronically transact and be flexible in handling non-mandatory provisions of the law. In absence of an agreement, what is stated in the law shall be followed. There were necessary documents needed for a transaction to be more reliable. These are acknowledgement receipt, time and place of dispatch and receipt of information, attribution, and transport documents.
Legal Signature
An electronic document is considered an electronic signature if a method is used to identify the signatory and indicate approval of the information contained in the electronic message.
The method was reliable and appropriate for the purpose for which the electronic document was generated or communicated. Widely used of scanning a written signature to an image is also used as an electronic signature and attaching it to documents and papers when creating a transaction online is necessarily being made in order to have a legal signature.
Writing
Electronic documents need to be created and stored in stable format and readable. It should be accessible so to be usable for subsequent reference. The reliability to its source should be ease to enable any access for the source itself.
Original
Similar to writing, there should be a method of assurance as to its integrity is reliable. It will look into how the information is systematically generated, gaps and error handling if any and alteration protection. There are so many protection laws right now that is very much of use like patenting and copyrighting that protects on alteration of data and personal writing.
Record Retention
The law provides guidelines as well on how electronic documents and paper based documents be stored electronically.

We all know that there were legislations that imposed taxes to products. An example of this is the VAT or value added taxes. With this we all know that both the government and consumers sufficiently satisfy its demand. In order to comply on e-commerce based on general information requirements these are the necessary requirements that should be needed.
1. Your business’s name, geographic address and other contact details including your email address
2. Details of any publicly available register in which you are entered, together with your registration number or equivalent
3. The particulars of the supervisor body if the service is subject to an authorization scheme
4. Details of any professional body with which you are registered
5. Your VAT registration number
If your website refers to prices, these must be clear and indicate whether they include tax and delivery cost. Necessary information about the company should be stated in your website. A common place to put this information is in the “ABOUT INFO” or “LEGAL INFO” page of the site. It does not have to appear on every page. This rule also applies to any electronic communications sent by your company, such as emails.

The law specifies conditions, under which the e-signature can be equated with the own one:

1. The e-signature is checked with the intensified key certificate including reliable e-signature means. They are means of the electronic signature that have a certificate of conformance or positive expert’s conclusion according to results of the state expertise as to cryptographic protection of information. Only the accredited key certifying centers have a right to form intensified key certificates;
2. The intensified signature key certificate being in effect for the moment of affixing an e-signature is used during the inspection.
3. The personal (secret) key of a person that sets his/her hand corresponds to the open key available in the certificate.
With the dramatic increase in the use of electronic systems and the myriad infrastructures that support electronic commerce, it is easy to see how they are susceptible to a number of business risks. Samples of the potential risks are:
Direct financial loss resulting from fraud
Theft of valuable confidential information
Loss of business opportunity through disruption of service
Unauthorized use of resources
Loss of customer confidence or respect
Cost resulting from uncertainties
Information being compromised
Lack of assurance that all contracting parties know that everyone has signed the same contract

http://www.isaca.org/Template.cfm?Section=Home&CONTENTID=17106&TEMPLATE=/ContentManagement/ContentDisplay.cfm
http://www.crime-research.org/library/Belousov_sep.html
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Jazz



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PostSubject: Assignment 1   Tue Mar 17, 2009 5:46 am

The world is turning to Asia for its information, communications and technology (ICT) needs in light of the recent terrorist attack on the United States. Businesses in the new economy are looking for alternate locations to host their ICT-sensitive functions for business continuity. Thus, there is a need to raise awareness in ICT policy issues in the region. Both the government and the private sector should be involved, especially in developing countries.

E-commerce is one of the most visible examples of the way in which information and communication technologies can contribute to economic growth. E-commerce is any form of business or administrative transaction or information exchange that is executed using any information and communications technology.

It is helpful to start with a theory of how IT and e-commerce will impact the economy. Many studies have considered the benefits of e-commerce and the changes to the industrial landscape that it can bring. In this section we will summarize the main channels The most obvious benefit it brings from an economic standpoint is arguably the efficiencies it promises to bring through the reduction of many transaction costs. Moreover, these transaction costs can be very varied; e.g. reduction of paperwork, faster procurement between firms, convenience of shopping online for consumers etc. The combination of the Internet and information technology can cut down greatly on the time and resources needed to carry out transactions. The Internet minimizes the obstacle of physical distance. Indeed, a World Bank study has aptly described it as “globalization on steroids.” More than ever in the history of mankind, IT can truly make the world a smaller place. For years economic theory has held up the theoretical model of a perfectly competitive market as the ideal of market efficiency. And for years the usual hindrance to markets approaching that ideal has had its roots in barriers to entry limiting the effective number of competing suppliers. In the real world, those barriers to entry often took the form of prohibitive costs (both time and resources required) of acquiring information on the existence and product prices of alternative suppliers. Today, for more and more products, the Internet allows businesses all over the world to directly advertise their existence in a medium that is literally just a click away from prospective clients. E-commerce can move real world markets closer to that hypothetical ideal of a perfectly competitive market. However, one must also credit the generally more liberalized and open world economy for making it easier to sell across borders.

Even within domestic borders, e-commerce can render traditional barriers to entry insignificant or at least make them less insurmountable. The rise of dot-com operations, for example, illustrate the potential of ecommerce as a great leveler for small and medium scale enterprises. Internet commerce can give even small start-ups a wider reach and market that in previous generations would have required huge capital outlays for brick and mortar edifices and distribution networks. Of course, the recent crash of precisely many of these same dot-com operations casts some doubt on how significant this trend really is. With e-commerce there is the potential for the middleman to be cut out in many transactions. In part this is what motivates the drive to develop B2B or business to business applications. The Philippines itself can boast of a few fledgling attempts to establish such B2B exchanges that will put firms in contact with their suppliers. E-commerce has great potential then, to also streamline the supply chain of firms and reduce costs of procurement. One area that would greatly benefit from this in generating efficiencies and cost savings could be government procurement. The irony is that the explosion of easily accessible information may create a new type of middleman: the “infomediary”. As we are bombarded with huge amounts of information, we are starkly reminded of a resource that is perfectly inelastically supplied: time. There are only 24 hours in a day and it doesn’t look like that is going to change. It becomes critical to be able to wade through the ocean of information and narrow down to what is useful. Infomediaries may arise precisely to fulfill this function. While we may owe the birth of the Internet largely to US government efforts to establish a network of computers for national security purposes, much of the subsequent growth is the result of spontaneous private sector activity. Perhaps this is why the Internet evokes such emotional protection from sectors seeking to keep government fingers out of it. But the only two sure things in life are taxes and death; and the former has occasioned much debate about the proper way to tax the Internet. On the one hand, governments may face erosion of tax revenue due to increasing hard-to-track electronic transactions. On the other hand, excessive taxation may nip e-commerce in the bud.

More importantly, e-commerce has blurred the geographical idea of a market. E-commerce can bring together buyers, sellers, and even resources on opposite sides of the world. The server facilitating a transaction may even be located in a third country. Employees can “virtually” work across the ocean as well, emailing their work back and forth. How then are we to account for tax liability? In whose jurisdiction is the sale considered to be consummated or the income earned? Who has the right to collect the tax? In a country like the United States where each state sets its own sales and income taxes, e-commerce can introduce a monumental headache for the tax collector.

Moreover, the unequal rate of market liberalization of different countries and differing treatment between goods and services further complicate the issue. Some countries have proposed that all transactions done over the internet not be taxed, even when the resulting goods flow crosses national borders. This could reduce customs revenue for many developing nations. One possible role of government intervention that might be justifiable by economic theory is that of adjusting for network externalities. Standard economic theory has long seen the need for government provision (or to supplement private provision) in markets characterized by the presence of externalities (whether positive or negative). It has been argued that market failure might otherwise result (in the sense that an economically inefficient amount of the good will result). Information technology has created the concept of network externalities. Clearly, the utility of much of today’s technology increases with the number of other people who also possess the same technology. Cellphones or email would be absolutely useless if you were the only one who had them. Thus, the social benefits of making information technology more accessible may exceed the private gains reflected by market prices. In some cases, government regulation may be needed to prevent abuse of network control; e.g. refusal to interconnect with other providers and to regulate the operation of critical facilities which may have features of a natural monopoly; e.g. transmission facilities in the case of power. The information age also has important social equity questions. Many fear that there may arise a “digital divide” between the rich and the poor. Since much of the employment opportunities of the future may be generated by e-commerce, it is important to enable access to information technology to as wide a population as possible. For example, participation in e-commerce will require a minimum of education. This handicaps the poor who may not in the first place have the requisite education. In a country like the Philippines where income distribution is quite inequitable to begin with, it vital that the poor have access to information technology and the opportunities it provides.

"The Filipinos, with our proficiency in English, attitude and skills, are capable of succeeding in ICT, such as software development and information data management," Cesar Virata, chairperson of the International Chamber of Commerce, Phils. (ICC), said in his opening remarks at the Asia-Pacific ICT Policy Summit held on October 16 and 17 at the Hotel Intercontinental Manila. The event was co-presented by the ICC, the Cyberspace Policy Center for Asia-Pacific, Philippine Outsource and Marketing Corp. and ePLDT, a leading ICT company and the corporate vehicle for PLDT's Internet, e-commerce, and multimedia businesses. Virata said he hoped the conference will help enhance ICT policy applications in the Philippines. He noted that the country is catching up with India, Asia's ICT hub. Sen. Ramon Magsaysay, Jr., author of the Electronic Commerce Act added that the Philippines is now ranked neck-to-neck with India for contact center services. Virata said technological breakthrough has hastened transactions and the development of a paperless economy. "We need a trustworthy electronic commerce," Virata said. He added that ICC has drafted a legal framework, self-regulatory rules and tools for that purpose, in order to enhance the implementation of the Electronic Commerce Act. Magsaysay also said he is pushing the government for the use of e-commerce to reduce graft and corruption. He said this is to make the Philippines one of the most trustworthy governments in the world. "We are starting persuasive and eventually legal ways to e-procurement so government agencies may serve their constituencies through e-transactions," Magsaysay said. An example of a step towards e-governance is the plan for the computerization of the applications for passports at the Department of Foreign Affairs.

Acting on its mandate in the Electronic Commerce Act, the Supreme Court recently promulgated the Rules on Electronic Evidence, which took effect on Aug. 1. 2001. This marked a breakthrough as the Philippines is the first country in the world to draft rules on electronic evidence to be used in court, according to Atty. Cielo Monte-Medina of ePLDT subsidiary mySecureSign (mSSI). mSSI is the Philippines' first and only certified VeriSign partner. VeriSign, the world's largest and most trusted Internet security services provider, uses digital certificates issued through its public key infrastructure (PKI) to reliably identify users online. Medina said electronic data messages are now legally recognized. This means that the form of a document will not make it legally ineffective so that messages in electronic form may be used as evidence in court proceedings. Medina added that although the new Rules on Electronic Evidence maintain the principle of technology neutrality advocated by the Electronic Commerce Act, there is now an explicit recognition of the technology of the asymmetric cryptosystem, or public key cryptography, as well as digital signatures and certificates. Authentication of electronic evidence under the new Rules promises to be an easier process with digital signatures. Other speakers in the conference discussed issues on privacy, data protection, e-procurement, industry and government collaboration and IT growth strategies.

Most organizations heavily depend on Information Technology (IT) to function. Thus, system security and stability become the greatest concern of system administrator, entrepreneur, and individual user of computer. Has your business incurred losses due to sudden network slowdown and system attacks? Are your confidential data safe from internal and external hackers? Have computer virus and other form of malicious software crawl in your network and compromise your system integrity? You may have a stable IT infrastructure but it may still be vulnerable to security threats. That's why research and development of tools to keep your system safe never ends. It continues to progress. Needless to say, your IT infrastructure must run at peak efficiency at all time. This ensures business continuity thus increases profitability. We heavily invest on hardware and software, and to IT support personnel. But how do we deal with persons who initiate acts that compromise our IT infrastructure? How do we deal with persons who hack our system? How about those who spread malware like the "I love you" virus that heavily harm computer networks in the world? How about those who invade our intellectual property right? As much as there is a need to act on street crimes, there is also a great need to act on cyber crimes.

Clarence Mongado, an IT senior student from Cebu Institute of Technology, explores on IT-related laws and enactments in the Philippines. He generously shared to me some insights as his research progresses. Clarence mentions the "Electronic Commerce Act of 2000" or Republic Act No. 8792 which "aims to facilitate domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information through the utilization of electronic, optical and similar medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transaction in the government and general public."

Republic Act No. 8792 was enacted after the "response to the global devastation of computer networks brought about by the "I Love You" virus suspected to have originated from the Philippines, the Philippine IT Law Journal says. It added: "the law was hailed by observers as a landmark piece of legislation that finally placed the Philippines on the map of electronic commerce." It is worthy to note that the Philippines immediately respond on the issue. However, as e-commerce and cyber technology progress, our laws and policy must also evolve. Other related Philippine laws on Information technology are Intellectual Property Code of the Philippines ( R.A. 8293) and Optical Media Act of 2003 (RA 9239). These laws safeguard the stakeholders in IT industry, thus positioning the Philippines in IT competitiveness in Asia Pacific Region and in the world as a whole. Everyone has certain responsibility in making IT industry grow. That responsibility equates with our responsibility to our environment as we heavily rely to both.

Reference:
http://www.arellanolaw.net/publish/itlj-issue1_07.html
http://www.papt.org.ph/uploads/file/RA8293%20IP%20Code.pdf
http://www.digitalfilipino.com/writing_article.cfm?id=20
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PostSubject: my work   Mon Mar 01, 2010 9:23 pm

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PostSubject: Re: Assignment 1 (Due: before December 12, 2008, 13:00hrs)   

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Assignment 1 (Due: before December 12, 2008, 13:00hrs)
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