Chapter 14.docx

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Management and Organizational Studies
Management and Organizational Studies 2275A/B
Philip King

Chapter 14 Information Technology and the Internet The development of law has not kept pace with the demands of the information and technological explosionInitially it was argued that the Internet should be left unfettered by laws to realize its vast potential o Combating fraud and hacking requires countries to coordinate their legal approacheso Creates challenges includingJurisdictionIdentity of personsConsumer protectionInformation protection privacy and securityImplications for Tort LawDefamation o Absence of intervener editor to monitor communicationDetermining whether libel or slander difficult If communication over web qualifies as broadcasting legislation concerning libel will applyAnother problem Who the injured party can sueISP can be forced to disclose source and may be liable ONLY where it encouraged the behavior or fails to remove after notificationThe key to a court assuming jurisdiction is the number and strength of the connecting factors between the cause of action and jurisdiction When determining damages the size of audience is relevantNuisance o Current tort law will likely adapt to new technologyNegligence and misrepresentation o Professionals dispensing information should include disclaimers specific instructions for use ad restrictions Product liability o Party can sue if companies product causes injuryIf someone else injured negligence against the manufacturer may be appropriate unless consumer protection legislation passedProblems where goods are sold and manufactured Internet TransactionsThe Uniform Electronic Commerce Act UECA clearly states that an offer may be made and accepted electronicallyo Advertisement is normally just an invitation to treat however if terms are clear certain complete and communicated to the offered and provision is made for the suffer to click and actively accept It will likely qualify as an offer
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