Unique elements to E-Commerce
- Information is readily accessible simultaneously and immediately
- Inherently and instantly global.
- Issues of jurisdiction and applicable law are more likely to arise.
- Concept of “place” may not be very important
- But we still need to use the conventional framework
Some people understand that nothing has really changed in the way you deal with legal issues related to cross-border transactions due to the advent of the Internet. They say that problems posed by the Internet to conflict of laws or jurisdictions should not be viewed as the difference in kind, but as that in degree. Basically I agree with this idea in a sense that most of the legal problems arising from transactions using the Internet could have happened even without the Internet. But I still believe some problems would be really new issues in kind. In order to understand what is really a new problem, we have to go back to the nature of the Internet. In other words, we have to figure out what are unique elements to E-commerce compared to ordinary transactions without using the Internet.
In sum, I think a digital processing system and the openness of the network are the core elements that distinguish the Internet from other mediums.
Because of these features?information is readily accessible simultaneously and immediately irrespective of territorial location.
Therefore, it is inherently and instantly global.
As a result, issues of jurisdiction and conflict of laws are more likely to arise.
Concept of “place” in a traditional sense might not be very important.
However, what I think is very important is we still have to use the conventional framework of conflict of laws or jurisdictions rather than creat a brand-new system from scratch.