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E-Commerce and E-Business



                          9.2.2   Risks of Electronic Documents

                          Electronic documents are common these days because of the ease with which the documents can be
                          located and retrieved on a database. Electronic documents help in reducing storing space, as it is not
                          required to store countless number of paper hard copies. Nowadays, hard copies are less common in
                          use. However, when compared to paper documents, electronic documents have more risks. They are:
                          1.  Data Corruption: A file can be corrupted due to a number of different reasons. Documents are
                              damaged due  to viruses or technological  malfunction, which are not accurately retrievable or
                              readable by any computer program. Sometimes, the damaged files can be repaired but the process
                              can be time consuming. It is always suggested to keep backups of all the electronic documents on
                              a different storage device so that it can safely and quickly recover any data which gets corrupted.

                          2.  Data Theft: It takes some time to take a hard copy document and photocopy it, but an electronic
                              document can be duplicated instantly and e-mailed to any destination in the world. This makes
                              data security an important priority for any business or government agency. Although there are
                              safeguards and programs,  when implemented these avoid industrial data theft.  However
                              measures to get around safeguards get more advanced at the same rate. In this age of the Internet,
                              it is often difficult to guarantee security of a computer file.


                                           If a company’s confidential site is hacked, all the vital information can leak out
                                           and this will lead to various kinds of loss for the company.

                          3.  Editing: The electronic  documents can be easily edited and saved,  which can be a security
                              nightmare for  the businesses and  agencies with  sensitive records that get changed without the
                              agency’s knowledge or consent. There are ways to  avoid document editing electronically
                              including file locks and ‘read-only’ classifications, but the hackers are also adept at circumventing
                              the safeguards. In case of paper documents, authenticity of the original documents is done by
                              getting a signature and stamp of the notary which is very difficult to forge especially in a short
                              period. A document stored electronically has the potential to be edited and saved in seconds in
                              case someone gets the security protocols.

                          9.3   Legal Issues for Internet Commerce
                          Internet commerce has raised legal issues through the provision of the following services:
                          1.  Online retailing - ordering of products and services
                          2.  Online marketing
                          3.  Online publishing

                          4.  Exchange of electronic messages and documents
                          5.  Financial services such as banking and trading in securities
                          6.  EDI, electronic filing, electronic transactions, and remote employee access
                          Trade and commerce over the Internet gives rise to many legal issues like trademarks and domain
                          names, copyright and trademark, jurisdiction issues, service provider liability, and formation of
                          enforceable online contract.
                          9.3.1   Trademarks and Domain Names
                           The dot-com  domain is used by commercial entities to identify them  in cyberspace. The latter is
                          worldwide, since the Internet is not confined to any geographical boundaries. The advantages pose a
                          problem too. A company uses its name to take a domain name from the registry.  Unlike the traditional
                          commercial world where different companies may have the same trademark in different products or
                          services, in  cyberspace only  one name can be given as  Name.com. Therefore, the  company, which
                          registers its name first as the domain name removes all the others from the cyberspace. As one would
                          expect, this leads to legal battles. It has been argued in the court of law that a domain name functions as
                          a trademark, but using it as a domain name is guilty of the trademark infringement.





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