E-Commerce Regulations in the United States

E-COMMERCE REGULATIONS IN THE UNITED STATES

Alessandra Esposito

International Trade Law Assignement

ASIAN MBA 2011-2012

INSEEC

I NUMERI MANCANO PERCHè QUESTO SCHIFO DI WORD STARTER NON MI FA METTERE IL SOMMARIO ( E NEANCHE LE NOTE A PIE DI PAGINA)

THE E-COMMERCE REGULATIONS IN THE UNITED STATES OF AMERICA

INTRODUCTION

1. INTELLECTUAL PROPERTY

a. PATENTS

b. TRADEMARKS AND SERVICE MARKS

c. TRADE DRESS

d. COPYRIGHT

2. ADVERTISING

a. THE CAN-SPAM ACT

3. ELECTRONICS CONTRACTS AND SIGNATURE

a. CONTRACTS FORMATION AND ENFORCEMENT

b. SECURITIES REGULATION ON THE INTERNET

4. TAXATION

a. THE INTERNET TAX FREEDOM ACT

Introduction

The Electronic commerce (also known as e-commerce), refers to all the process of developing, marketing, selling, delivering, servicing and paying for products and services over electronic platform such as the Internet. The amount of trade conducted by means of electronic systems has grown radically with widespread Internet usage. Nowadays every major firms have entered the realm of e-commerce and consumers have the opportunity to purchases from anywhere in the world. However, the growth of internet and of the e-commerce put the necessity to develop a legal framework to address a multiple set of new challenges.

In the United States the Framework for Global Electronic Commerce adopted in 1997 by President Clinton establish a minimalist framework of regulation in the area of e- commerce , reflecting the traditional American laissez-faire attitude. Five principles are listed:

• The private sector should lead.

• Governments should avoid undue restrictions on electronic commerce. Where governmental involvement is needed, its aim should be to support and enforce a predictable, minimalist, consistent, and simple legal environment for commerce.

• Governments should recognize the unique qualities of the Internet

• Electronic Commerce over the Internet should be facilitated