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E-commerce Contracts - Prof. Dr. Mohammed Ibrahim Abu Al-Haija
JOD
Get it by 5 Aug | Order in 5 Hours 19 Minutes
Today, cyberspace is a realm of existence. If you are not connected to the internet, you have no place; and if you are connected, where exactly are you?
This is the Informatic age we live in, characterized by its speed and breadth in transferring and exchanging information through globally interconnected computers known as the 'Internet.' This network has enabled individuals, without leaving their location, to connect and roam the world to read books and magazines and follow the latest research and studies.
The recent past has witnessed rapid growth of the Internet. We often hear, see, or read references to the 'Information Superhighway,' owing to the immense capabilities the Internet has provided in various fields such as education, marketing, communications, advertising, public relations, contracts, and more.
However, the digital environment is still shrouded in ambiguity in several aspects, most notably the legal side and the legislative vacuum it has created due to its instantaneous connectivity across different parts of the world with hardly any barriers. Its transition from a local to a global scope represents a virtual market with its own special rules and foundations, which may often contradict the principles and rules of the traditional economy.
This prevalence and spread of the Internet and the electronic sphere it introduced have been accompanied by a branching out of violations and crimes committed within it, without oversight or laws to stop them. This necessitates finding solutions to fill the current legislative gaps by enacting rules and laws to regulate the network.
Among the legal issues raised by the Internet that must be researched in an effort to stop their violation and protect the rights of their owners are: moral rights (copyright and innovation), trademarks and their relationship with domain names, information encryption, electronic signatures and writing, electronic criminal evidence (such as slander, libel, defamation, and fraud), maintenance of others' privacy, and judicial jurisdiction.
Given the importance of these issues, which must not be overlooked, we have chosen to address as many of them as possible in our study by finding the common ground between them.
Based on the foregoing and given the special nature of the Internet, we will divide the study into two sections. In these, we will address the mechanism of concluding electronic contracts and the stance of current legislation on them, and how to prove these contracts as a step towards safeguarding and preserving the rights of the contracting parties. Additionally, we will cover the most prominent violations that occur via the Internet and examine the effectiveness of laws in governing these intangible disputes, while attempting to find alternative ways to achieve national security through the Internet.