Journal article
The Internet and the Law: Searching for Security in the Law of Electronic Commerce
Nova Law Review, Vol.23, pp.583-927
01 Jan 1999
Abstract
I. Introduction Since before the time Gutenberg invented the printing press, centuries of jurisprudence have been devoted to and predicated upon paper-based systems of communication, particularly in the area of commercial law. With advances in technology and the implementation of electronic modes of communication in businesses and market places in general, however, the world has begun to move away from paper as the primary mode of communication and the primary method of doing business. 1 This continues the process begun with the introduction of the telegram and the telephone, both of which contributed to the elimination of paper in the conduct of business negotiations. Electronic commerce, however, is fundamentally different from either telephonic or paper-based commerce. First, there is no tangible piece of paper that one can treat as the final expression of the parties' intent; reliance must be placed upon electronic messages, which are either stored in an electronic medium or, in the case of risk-averse business people, printed out at one end. Second, the electronic message is often generated by a computer and may not provide the typical indicia of trustworthiness. For example, with paper, we can recognize the handwriting, identify the stationery, check the postmark and address, and check for visible changes to the writing. On the telephone, we can recognize the voice and verify the number we are calling. Third, commercial transactions have traditionally required time and, frequently, additional verifiable information for completion. For example, in the sale of goods, the time ...
Metrics
2 Record Views
Details
- Title
- The Internet and the Law: Searching for Security in the Law of Electronic Commerce
- Creators
- Amelia H. Boss
- Publication Details
- Nova Law Review, Vol.23, pp.583-927
- Publisher
- Nova Law Review Nova Law Review
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991020535066004721