eCommerce Journal - Learning more about virtual economy - Articles, Law aspects

The Government agrues about the Digital Bill of Rights

ayny — Tue, 26 Aug 2008 10:31:32 +0200

As the Democrats and Republicans gather at their national conventions, it is time to really think about a comprehensive national technology policy for the Internet Age. Many laws and policies governing the Internet and digital property are inadequate attempts to transplant rules from a different era.

Bangladesh fights against the money laundering

ayny — Thu, 21 Aug 2008 10:54:23 +0200

Bangladesh enacted legislation aimed at controlling and preventing money laundering. Money laundering is a criminal offense in Bangladesh and can result in imprisonment for up to seven years, in addition to financial penalties. The Bank of Bangladesh is responsible for investigating suspected cases and presenting them to the courts, as well as applying for orders freezing or seizing assets of accused money launderers. This article offers an overview of Bangladesh Money Laundering law.

Taxes online - pay or skip?

ayny — Thu, 07 Aug 2008 15:08:47 +0200

Taxation of imports becomes an essential element to be aware of in e-commerce. E-commerce transactions involving the transfer of physical goods and parties from two or more countries, regardless of the business model used (B2B, B2C, C2C, etc.), usually demand the payment of taxes by the buyer in the importing country. Import taxes may vary depending on the importing jurisdiction.

eBay plays the games of IRS

ayny — Mon, 04 Aug 2008 12:00:07 +0200

Countless Americans selling as individual entrepreneurs on sites like eBay must now be aware that the Internal Revenue Service has modified their rules to make sure taxes are reported on private Internet transactions. As part of the housing rescue package just signed by President George W. Bush, the Internet transaction interface PayPal and other online payment processors will be mandated to report annual gross receipts to the IRS for almost all Internet sellers.

Prospects of e-Korea

ayny — Thu, 31 Jul 2008 13:39:57 +0200

On July 22, the Republic of Korea Government announced that new rules are coming into effect for the country's web, drafted by the Korea Communications Commission. The ordinance is titled, "Comprehensive Measures for Information Protection on the Internet." These rules establish heavy penalties for website managers and owners for violations of rules regarding breach of libel, private data leaks, and non-anonymous user identity blogging.

Online marketing rules in the US

ayny — Tue, 29 Jul 2008 13:17:42 +0200

Online marketing should always state the truth and not mislead consumers. It must ensure the protection of businesses and consumers and preserve the integrity of the Internet as an advertising medium. Online marketing involves research and active outflow of information. Combining offline and online techniques can double profits.

Can encryption prevent the cybercrime?

ayny — Thu, 24 Jul 2008 12:37:07 +0200

can be used as a measure of preventing cybercrimes including planned security breaches but also as a means of protecting intellectual property crimes and other crimes involving cyberstalking, harassment, and software theft. However the balance of constitutional concerns must be balanced with the use of encryption.

Copyright - how to be on a safe side?

ayny — Wed, 16 Jul 2008 09:22:34 +0200

Given the variety of material involved in the set up and operation of a website (text content, images, etc.), it is very easy for an e-business to inadvertently become a copyright infringer. Copyright infringement actions carry important penalties, and thus e-businesses should make sure that measures are put into place to prevent copyright infringement.

Online transactions pending adoption of the Internet law

ayny — Tue, 15 Jul 2008 12:00:15 +0200

The ongoing discussions on TV, radio, newspapers and the Internet on the need to make a law on transactions done electronically are timely.

With the support of the Parliamentary Committee on Energy, Communications and Public works, these efforts by the Government and the private sector to draft an Electronic Transaction Bill (ET Bill) could soon be rewarded when it becomes law.

Turkish glance at the law

ayny — Thu, 10 Jul 2008 13:01:15 +0200

This essay discusses sellers’ liabilities on e-commerce activities in Turkey, which are regulated by Turkish Obligations Code (OC) and Commercial Code (CC).

Under Turkish OC, article 182, buyers are responsible for the profits or losses generated by the purchased goods from the time the agreement is concluded, unless the agreement states otherwise.

Japan hits spam by the law

ayny — Tue, 08 Jul 2008 10:37:55 +0200

Japanese authorities sought to curtail proliferation of spam through the Law on Regulation of Transmission of Specified Electronic Mail (Law No. 26 of April 17, 2002), as amended by Law No. 87 of July 26, 2005 (the “Anti-Spam Law”). The content of this Japanese anti-spam law is similar to the United States CAN-SPAM Act of 2003. Consistent enforcement the Anti-Spam Law and imposition of fines have strongly supported Japan's anti-spam endeavors.

Real taxes for not real economy

ayny — Mon, 07 Jul 2008 08:03:09 +0200

In Florida the same taxes and rules that apply to a traditional “Main Street” merchant will apply to merchants who carry out business over the Internet. Use tax at the rate of six percent that is levied on sales made by customary means is also levied on e-commerce transactions. Electronic merchants are obligated to collect and remit applicable use tax for all of their transactions.

Argentina introduces amendments into law in favour of e-commerce

ayny — Fri, 04 Jul 2008 15:06:37 +0200

Argentina approved law 26388 (2008) that updates its criminal code and sanctions information technology crimes. On June 4th, and after numerous debates, Argentinean "Camara de Diputados" typified as crimes the following conducts (a) the distribution and possession with the intent to distribute child pornography; (b) e-mail violations; (c) illegal access to information systems; (d) distribution

E-commerce is the way of tax avoiding?

ayny — Thu, 26 Jun 2008 11:22:17 +0200

There is an old saying—“With the birth of every hero, a new evil is born.” In the context of E-commerce, a new evil is the advent of the tax haven, which is proving to be an evil force in the form of tax avoidance.

Arizona Supreme Court has legalized e-signatures

ayny — Fri, 13 Jun 2008 13:47:50 +0200

Technology is gearing court proceedings in the United States; attorneys may now electronically submit motions and briefs and review files; electronic evidence is gaining preponderance during discovery; and now, judgments may be signed electronically. In an original 2007 case, the Supreme Court of Arizona held that judgments may be signed electronically in Arizona.

All about Electronic Fund Transfer Act

ayny — Fri, 23 May 2008 15:02:41 +0200

There is hardly any user of the Internet who have never received money transfers. But very few people know what stands behind the smiling girls giving your money to you. And behind them is a serious industry with its rules, rivals and laws.

Turkey: Even e-law is law

ayny — Thu, 22 May 2008 15:41:00 +0200

The issue of applicable law in electronic commerce is still a controversial issue in many aspects. This article aims to highlight some of the most important aspects of this issue and provide solutions according to Turkish Law, such as when and according to which criteria electronic transactions are considered commercial, whether

Legislation involving phishing in the United States

lexus — Sat, 29 Mar 2008 08:56:39 +0100

Ever since 1998, Federal law and state laws in almost all of the states in United States have enacted explicit criminal legislation related to identity theft, which can be applied to phishing as well. The Federal authorities can also use a range of Federal fraud offenses like wire fraud to tackle the sending of phishing e-mails and the use of illusory mail headers.

What's federal criminal sanctions for committing internet-investment fraud?

lexus — Sat, 22 Mar 2008 15:30:16 +0100

The Department of Justice (DOJ), through the Computer Crime and Intellectual Property Division of the Untied States Attorneys Office (CCIPS), has used a variety of federal statutes to prosecute Internet crimes. The majority of these statutes were enacted prior to the expansion of computer use, or they have been amended to enable federal prosecutors to use these statutes against computer crimes.

Defending yourself against internet libel

lexus — Wed, 19 Mar 2008 12:03:12 +0100

The law of defamation does apply to the Internet, although it is harder to apply for various reasons. First, you have the difficulty of probably having to tracking down the real identity of an anonymous blogger, which just became more difficult, legally. Then you must make sure the law where you can get the case heard is amenable to the claim. Then you have to decide if you want the hassle of a court case.

The German ban to online gambling

lexus — Tue, 11 Mar 2008 14:17:08 +0100

As of January 2008, an anti-online gambling treaty has been passed in Germany following ratification by the majority of German states. This treaty has awoken a storm of debate amongst many Europeans who have been affected by this German law. Some organizations are working to obtain nullification of this treaty because they consider the treaty will exert prejudice against the rights of surrounding European neighbors.

Panama - what tax benefits does this offshore have for e-commerce

lexus — Fri, 29 Feb 2008 14:23:44 +0100

Panama is not a signatory to any double tax treaties with regard to commercial activities. Additionally, Value Added Tax (VAT) is not levied on goods or services exported from Panama. Therefore, Panama is a zero tax jurisdiction, which provides many benefits for e-commerce businesses.

Panama became the first country to adopt a specificlaw applicable to electronic commerce in Central America.

Questions of data protection law and cybercrime in Chile

lexus — Mon, 25 Feb 2008 07:43:15 +0100

Since e-commerce is growing fast in Latin American countries, these countries are steadily enacting legislation against cyber-crimes. There are innumerable types of cyber-crimes. The most currently and internationally prosecuted are, (i) Internet fraud (including businesses, auctions, merchants, securities, ect.); (ii) identity theft; (iii) hacking, data theft and destruction; (iv) child predation

E-commerce taxation in Peru: how does the Government try to realize it?

lexus — Fri, 15 Feb 2008 06:22:47 +0100

E-commerce has developed rapidly in last decade as more people are using the Internet for buying and selling the goods online. Most Latin America countries, however, have not legislated specific rules for e-commerce taxation and instead apply their present tax systems to e-commerce transactions. In Peru, for example, there are no specific tax regulations for sales over the Internet.

Are Online Businesses Subject to Corporate Income Tax in the United States?

lexus — Thu, 14 Feb 2008 11:53:26 +0100

Yes, online businesses may be subject to corporate taxes in the U.S. state where they have 'substantial nexus.' Although this answer seems simple, its practical application requires careful analysis of what legally constitutes ‘substantial nexus." A subsequent and also complex question would be what if an e-business has ‘substantial nexus' in different states?

What's TAXATION OF E-COMMERCE IN AUSTRIA?

lexus — Sun, 10 Feb 2008 10:11:29 +0100

ECJ pays attention to e-commerce law and here is an article about it in Austria.
The European Union has passed directives that deal with the taxation of e-commerce. Austria, a member state of EU, has enacted several of its own laws based on these directives.

In Austria, value added tax is known as Umsatzsteuer or Mehrwertsteuer.

Sri Lanka - reflections on e-commerce laws

ayny — Thu, 31 Jan 2008 06:58:43 +0100

What thing first of all worries people and sometimes even prevents from them trusting virtual economy? Surely, it is its virtual safety and protection. Simply, people cannot trust anything that they cannot see. Today a lot of things were done to make people belive, trust and not be afraid to be involved in financial life of Internet. In our journal have described different kinds of protection as well as law aspects to keep our readers informed.

What's the Internet law in the Bahamas?

lexus — Thu, 24 Jan 2008 06:30:40 +0100

Themes of the law are very important and therefore here is the basis points of Bahamas internet law.
The Bahamas, which is composed of 700 islands, is traditionally a tourist jurisdiction and financial center, which focus on e-commerce is relatively recent. The Bahamian Government has launched several ambitious programmes aimed at strengthening the position of the Bahamas as an international e-commerce center.

Calm down, you're under protection of law

ayny — Fri, 18 Jan 2008 08:25:18 +0100

Every person who has ever come in touch with e-payment systems knows about the procedure of application fill. And for sure there is no a single person who had no hesitations for it because as it known all new always frightens with its inscrutability and the thoughts like "There is a guarantee that this information will be kept in secret?" or "Who will vouch for the security of my personal data and its proper use?" are not uncommon.