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    Understanding Ethical, Social, and Political

    Issues in E-commerce

    Internet technology and its use in e-commerce

    disrupts existing social and business relationships

    and understandings

    Costs and benefits of technology must be

    carefully considered, especially when there are as

    yet no clear-cut legal or cultural guidelines

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    Unique Features of E-Commerce Technology and

    Their Potential Implications

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    A Model for Organizing the Issues

    Issues raised by Internet and e-commerce can be viewed atindividual, social and political levels

    Four major categories of issues

    Information rights: What rights do individuals have to controltheir own personal information when Internet technologies

    make information collection so ervasive and efficient Property rights: How can traditional intellectual property rights

    be enforced when perfect copies of protected works can beeasily made and distributed

    Governance: Should the Internet and e-commerce be subjectto public laws, and if so, who has jurisdiction

    Public safety and welfare

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    Basic Ethical Concepts

    Ethics: Study of principles that individuals and organizations canuse to determine right and wrong courses of action

    Responsibility: As free moral agents, individuals, organizationsand societies are responsible for the actions they take

    Accountability: Individuals, organizations and societies shouldbe held accountable to others for the consequences of their

    act ons

    Liability: Extends the concepts of responsibility andaccountability to area of law

    Due process: Refers to process by which laws are known andunderstood, with ability to appeal to higher authorities toensure that laws have been correctly applied

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    E-commerce and Privacy

    Major ethical issue related to e-commerce and

    privacy: Under what conditions should we invade

    privacy of others

    Major social issue: Development of expectations

    o pr vacy an pr vacy norms

    Major political issue: Development of statutes

    that govern relations between record keepers and

    individuals

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    Information Collected at E-commerce Sites

    Personally identifiable information (PIN): Data that

    can be used to identify, locate or contact anindividual

    Anonymous information: Demographic and

    behavioral information that does not include any

    Almost all e-commerce companies collect PIN and

    use cookies to track click stream behavior

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    Personal Information Collected

    by E-Commerce Sites

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    The Internets Major Personally Identifiable InformationGathering Tools

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    Profiling: Privacy and Advertising Networks

    Profiling: Creation of digital images that characterizeonline individual and group behavior

    Anonymous profiles: Identify people as belonging tohighly specific and targeted groups

    Personal profiles: Add personal identifiers

    Advertising networks can:

    Track both consumer behavior and browsing behavioron the Web

    Dynamically adjust what the user sees on screen

    Build and refresh high-resolution data images orbehavior profiles of consumers

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    The Concept of Privacy

    Privacy: The moral right of individuals to be left

    alone, free from surveillance or interference from

    other individuals or organizations

    Information rivac : Includes both the claim thatcertain information should not be collected at all,

    as well as the claim of individuals to control the

    use of whatever information is collected about

    them

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    Legal Protections for Privacy

    May be explicitly granted or derived from

    constitutions (U.S., Canada, Germany)

    May also be found in common law (U.S,

    England)

    In U.S, also found in federal and state laws

    and regulations

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    Federal Privacy Laws

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    Summary of Proposed Internet Privacy

    Legislation in 2003

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    Technological Solutions to Privacy

    Invasion on the Web

    Many privacy-enhancing technologies being developed

    emphasize security

    Platform for Privacy Preferences (P3P): Comprehensive

    technological privacy protection effort sponsored by W3C

    Web sites privacy policy, and to compare that policy

    against users preferences or to other standards such as

    FTCs FIP guidelines or EUs Data Protection Directive

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    Technological Protections for Online Privacy

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    Intellectual Property Rights Intellectual property: Encompasses all tangible and intangible

    products of human mind

    Major ethical issue: How should we treat property that belongsto others

    Major social issue: Is there continued value in protectingintellectual property in the Internet age?

    a or po ca ssue: , an so, ow, s ou n erne an e-commerce be regulated/governed to protect intellectualproperty

    Main types of intellectual property protection:

    Copyright

    Patent

    Trademark law

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    Copyright: The Problem of Perfect

    Copies and Encryption Copyright law: Protects original forms of expression (but not

    ideas) from being copied by others for a period of time

    Look and feel copyright infringement lawsuits involvedistinction between an idea and its expression

    a r use oc r ne: n er cer a n c rcums ances, perm s use ocopyrighted materials without permission

    Digital Millennium Copyright Act of 1998 (DMCA): First majoreffort to adjust copyright laws to Internet age

    DMCA implements WIPO treaty that makes it illegal to make,

    distribute, or use devices that circumvent technology-basedprotections of copyrighted materials

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    Patents: Business Methods and

    Processes Patent: Grants owner a 20-year exclusive monopoly on

    ideas behind an invention

    Most of early inventions that made Internet and e-commerce possible were not patented by their inventors

    commerc a eve opmen o n erne , came es refor patents

    Business methods patents have been widely sought byInternet and e-commerce companies

    Many business methods Internet patents granted are

    overbroad, and if enforced, would significantly impact e-commerce

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    Trademarks: Online Infringement and

    Dilution Trademark: Mark used to identify and distinguish goods, and

    indicate their source

    Trademarks protect public by ensuring it gets what it paysfor/expects to receive; protects trademark owner againstpiracy and misappropriation

    Infringement: Use of a trademark that creates confusion withexisting marks, causes consumers to make market mistakes ormisrepresents origins of goods

    Anticybersquatting Consumer Protection Act (ACPA): Createscivil liabilities for anyone who attempts in bad faith to profitfrom an existing famous or distinctive trademark byregistering an Internet domain name that is identical orconfusingly similar

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    Types of Trademark Abuse on Internet Cybersquatting: Registration of infringing domain name, or other

    Internet use, of existing trademark, for purpose of extorting paymentsfrom legitimate owners

    Cyberpiracy: Involves same behavior as cybersquatting, but with intentof diverting traffic from legitimate site to infringing site

    Metata in : Usin anothers trademarks as metata s in a misleadinor confusing manner

    Keywording: Using anothers trademarks as keywords on searchengines in a misleading or confusing manner

    Deep linking: Bypassing target sites home page and going directly tocontent page

    Framing: Displaying content of another site within frame or window