De-mystifying the e-commerce hype and jargon
If you have read a newspaper recently, you may well have been completely bamboozled by the e-talk, e-hype and e-jargon that seems to be everywhere in the media.
You likely aren't the only person reaching for an e-dictionary in your quest to stay on top of the e-commerce hype.
Today, I'll attempt to de-mystify some of the e-language and e-concepts that sometimes seems like a secret Masonic code.
Let's start with the Internet itself.
The United States government defines it as "the combination of computer facilities and electromagnetic transmission media, and related equipment and software comprising the interconnected world-wide network of computer networks and employing the transmission control protocol/internet protocol, or any predecessor or successor protocol, to transmit information''.
Clear as mud, right? More simply put (in real words), the Internet is a series of computers or servers connected by telecommunications (phone lines or underwater cables, for example) which operate according to a series of rules which are standard for these computers, enabling them to `talk' It is the development of the Internet that has allowed e-commerce to explode.
At its heart, however, e-commerce is not a business unto itself -- rather, it is a means of doing business.
Do not be fooled by the hype! E-commerce, and the Internet (just like the telephone, the fax machine, and e-mail) is a tool and nothing more.
The Internet may have added an additional layer of complexity (and some would argue, cost) to the equation, but e-commerce companies still sell services or goods like any other traditionalbusiness.
This new variation on an old theme has developed its own language, so you might have heard terms like `B2B' and `B2C' bandied around. They are merely acronyms for `business to business', and `business to consumer'.
B2B e-commerce occurs when a particular e-commerce company provides goods or services to another business rather than to the public at large.
B2C e-commerce generally refers to companies like Amazon.com, which sells products directly to consumers, usually by credit card.
Companies doing business over the Internet in this way must ensure that a customer has sufficient funds available on his or her credit card to purchase their goods or services. They do so by tapping into the Visa and MasterCard systems through a `payment gateway' Therefore, when you enter your credit card details, a payment gatewaywill, within a few seconds, acknowledge whether you have sufficient funds available to make the purchase.
If so, it will send a message to the B2C company that it is safe to proceed with the transaction. The same thing happens when you have your card swiped at a shop. Again, a new twist on an old process.
In our increasingly paperless world, electronic and digital signatures have assumed significance as well.
Bermuda's Electronic Transactions Act 1999 defines an electronic signature as a signature in electronic form which is uniquely linked to a person, is capable of identifying that person and is under their sole control.
Conceptually, therefore, a digital signature is the same as your actual signature.
That brings us to encryption.
When you submit credit card details on a website you may have noticed a small closed padlock on the bottom of your screen. This tells you that the information transmitted between your computer and the website is encrypted.
Encryption relies on a series of mathematical formulas that jumble the information in such a way that it can only be reassembled by the use of a key held by a particular person.
Not surprisingly, this has caused concern among law enforcement agencies who worry that criminal elements will use the Internet to facilitate unlawful activity.
Central to Internet business is the on-line contract.
Next time you purchase something on the Internet, watch for that site's standard terms and conditions or `on-line contract'.
Before proceeding with the transaction, you will normally be required to click on a box to confirm that you have read and understood the on-line contract.
Wise consumers will review that contract as it may include unfair or onerous terms.
If you do not like the terms, do not purchase the goods or services as you will probably be bound by the on-line contract.
If you have made a purchase over the Internet, you may have afterwards been deluged with requests to purchase other products from different web sites.
That is because your personal information is not, in many jurisdictions (including the United States), considered private and is frequently sold to marketers and others who want access to a database of information.
Countries in the European Union, including the United Kingdom, have enacted data protection legislation to ensure that companies cannot, without your written consent, release your personal data to third parties.
Unfortunately, many countries have not enacted such legislation. Always look for a web-sites privacy statement or data protection section. Don't underestimate the value of your personal information.
By now, you have probably concluded that the e-hype is nothing more than a new way to do the same thing -- sell goods and services.
Same thing, different millennium.
Attorney David Lines is a member of the Information Technology and Intellectual Property team at Appleby Spurling & Kempe. Copies of Mr. Lines' columns can be obtained on the Appleby Spurling & Kempe web site at www.ask.bm.
This column should not be used as a substitute for professional legal advice.
Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.