Research Handbook on Electronic Commerce Law (Research Handbooks in Information Law series)

by John A. Rothchild (Author, Editor)



Electronic commerce is big business, and it is getting bigger: it now accounts for 7.5 percent of all retail sales in the US, and continues to expand at double-digit annual rates. The steady growth of Internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields.

This authoritative Research Handbook comprises chapters by leading scholars which will provide a solid foundation for newcomers to the subject and also offer exciting new insights that will further the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance and privacy.

With the rise of Internet commerce, this book will be an invaluable resource for business lawyers as well as legal scholars with an interest in any phase of e-commerce law.

Table of Contents

Front Matter
Introduction

PART I: Engaging with Online Resources

Section A: Online Contracting
Chapter 1: Wrap contracting and the online environment: Causes and cures

Section B: Payments
Chapter 2: Substitutes for legal tender: Lessons from history for the regulation of virtual currencies
Chapter 3: Mobile payments and financial inclusion: Kenya, Brazil, and India as case studies

Section C: Access to Digital Assets
Chapter 4: Digital assets and fiduciaries

PART II: Disputes Arising from Online Engagement

Section D: Intellectual Property: Copyright
Chapter 5: The economics of book digitization and the Google Books litigation
Chapter 6: Digital exhaustion: North American observations
Chapter 7: Safe harbors from intermediary liability and social media
Chapter 8: Copyright's digital deputies: DMCA-plus enforcement by Internet intermediaries

Section E: Intellectual Property: Trademarks
Chapter 9: Contributory trademark infringement on the Internet: Shouldn’t intermediaries finally know what they need to “know” and “control”?

Section F: Intellectual Property: Patents
Chapter 10: Patent eligible subject matter after Alice

Section G: Enforcement: Jurisdiction Over Online Disputes
Chapter 11: Extraterritorial enforcement of national laws in connection with online commercial activity

Section H: Enforcement: Secured Financing
Chapter 12: Electronic issues in secured financing

Section I: Enforcement: Alternative Dispute Resolution
Chapter 13: Building trust in ecommerce through online dispute resolution

Section J: Social Media and the Workplace
Chapter 14: Social media and the National Labor Relations Board

PART III: Regulatory Oversight of Online Conduct

Section K: Consumer Protection
Chapter 15: Consumer protection issues in cross-border ecommerce
Chapter 16: App-solutely protected? The protection of consumers using mobile apps in the European Union

Section L: Network Neutrality
Chapter 17: Understanding network neutrality

Section M: Regulated Industries Online
Chapter 18: Regulation of online gambling

Section N: Privacy
Chapter 19: Protecting privacy with “heightened” notice and choice
Chapter 20: Predictive analytics, consumer privacy, and ecommerce regulation
Chapter 21: Cloud investigations by European data protection authorities: An empirical account

Section O: Domain Names
Chapter 22: Domain name governance: “Scheherazade on steroids”

Section P: Taxation of Online Transactions
Chapter 23: The taxation of cloud computing and digital content

Index