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Jan 9, 2024

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E-Commerce Ashleigh Williams Grand Canyon University Cyber 220: Cyber Law and Privacy in a Digital Age Aaron Casterline 10/15/23
E-commerce is a technology-driven tool that helps organizations connect with clients globally quickly and build meaningful commercial connections. The specific terminology and rules governing the e-commerce industry are largely defined by statutes like the Economic Espionage Acts (EEA) and the Computer Fraud and Abuse Act (CFAA). The main focus of the Computer Fraud and Abuse Act (18 USC 1030) is fraud and abuse pertaining to computers (Doyle, 2014). It forbids data theft and modification as well as unlawful access to computer systems. This law makes sure that fraudulent actions involving computer systems are taken seriously legally. When working with international vendors, fraud can be caused by at least three different sources. Billing scams, check tampering schemes, and bribery or extortion schemes are the three factors ( Three ways to identify and combat vendor fraud, 2021). When an employee manipulates the company's billing system with fraudulent documents, it results in bogus payments being made to them for their own gain. This is known as a billing scam. Duplicate invoice payments and fictitious billing are the two categories of billing techniques ( Three ways to identify and combat vendor fraud, 2021). Employees who physically tamper with checks to enable them to be deposited into any bank account they control are engaged in check tampering schemes. Forgery, changing payee information, or writing improper manual checks are examples of this. The receipt of personal money by an employee from a foreign entity is considered bribery or extortion. The U.S. legal system can remedy international vendor contract conditions in three different ways. Knowing your contracts, adhering to international regulations, and being aware of prospective adversaries are the three strategies (Esq, 2019). Understanding your connections will help you stay informed about the crucial contract conditions with the overseas provider. To
ensure that you are abiding by foreign laws by ensuring that breaking the law will result in consequences beyond just paying a fine (Esq, 2019). Being aware of your possible opponent will make a disagreement less likely to lead to expensive legal action. There are three reasons why the conditions of contracts with overseas vendors cannot be legally enforced by the American legal system. The first is that you should research potential partners thoroughly and read the terms of the contract to prevent and foresee issues (Esq, 2019). The Foreign Corrupt Practices Act forbids bribing foreign government officials, which is the second justification. The last justification is that doing business with foreign firms would be profitable and cost-effective since governments in the United States and other countries negotiate technological content across borders. The six recommended practices include defining the legal jurisdiction, defining the dispute resolution procedure, including an arbitration provision, defining objectives and sales targets, planning for contract termination, and developing a road map for your export trip (Sandler, 2017). Making a road plan for your export journey is the first step towards organizing all the information pertaining to working overseas and conducting business. Defining expectations and sales targets in the second phase facilitates responsibility from a distance. Defining the conflict resolution procedure in the third phase facilitates agreement between all parties by outlining rights and remedies (Sandler, 2017). In the event of a dispute, American exporters will benefit from the fourth stage, which includes an arbitration provision. Determining the legal jurisdiction in the fifth phase will assist in establishing which laws rule the agreement. The final phase is to anticipate contract termination, which will safeguard the firm and its assets and aid in international commerce.
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FTC v. Sperry & Hutchinson Co., 405 U.S. 233 (1972)" explains how the US Supreme Court amends the Court's ruling with regard to the Court's interpretation of the Federal Trade Commission Act, and how this pertains to contemporary cyber law. The Federal Trade Commission Act outlined the authority granted to the Federal Trade Commission (FTC). Antitrust rules are not violated in text or spirit by unfair competition practices, according to the FTC (FTC v. Sperry & Hutchinson Co., 405 U.S. 233, 1972). The FTCA protects individuals from legal issues, such as protecting them from the FTC. Cyberlaw protects users by aiding in the investigation and punishment of illicit activities conducted online.
References Doyle, C. (2014, October 15). Cybercrime: An overview of the Federal Computer Fraud and abuse statute ... Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws . https://sgp.fas.org/crs/misc/97-1025.pdf FTC v. Sperry & Hutchinson Co., 405 U.S. 233 (1972) . Justia Law. (n.d.). https://supreme.justia.com/cases/federal/us/405/233/ George Khoury, Esq. (2019, March 21). 3 tips to avoid disputes with foreign vendors and suppliers . FindLaw. https://www.findlaw.com/legalblogs/small-business/3-tips-to-avoid- disputes-with-foreign-vendors-and-suppliers/ Sandler, G. March 1, 2017. 6 Best Practices for Negotiating International Contracts. https://www.americanexpress.com/en-us/business/trends-and-insights/articles/6-best- practices- for-negotiating-international-contracts/ Three ways to identify and combat vendor fraud2021 . RSM US - audit, tax, consulting services for the middle market. (2021). https://rsmus.com/insights/services/risk-fraud- cybersecurity/three-ways-to-identify-and-combat-vendor-fraud.html