Digital law and e-commerce:

 E-mail contracts:
o A contract entered into by the parties through the internet
o Enforceable but subject to normal contract requirements:
 Capacity
 Manifestation of assent (offer and acceptance)
 Consideration
o Signature in e-mail contract: I agree to the term condition, some
specific questions, require password.
o Cant make counteroffer: u have only the offer that require in the
website, you cant ask for something different. For example, you buy
something in amazon. There is a black pc and it is 100$. Amazon don’t
care that you buy it or not. You can’t email to amazon and ask for blue
color and you will buy it.
 Digital law:
o Has SPAM (unsolicited commercial adverting): the
o License: the right to somebody else intellectual properties, a contract
transferring limited rights to intellectual property.
o E-License: software
 Domain name: internet address
o Example: aupp.edu.kh, gmail.com, yahoo.com
 Cybersquatting: when people registering the names of famous companies or
people demanding payment for release of the domain name. So, when
companies want to have that name, they have to pay for the one who register
first.
o Requirements:
 Name must be famous
 Done in bad faith
o Remedies:
 Injunction: warning
 Turnover
 Fines: payment in cash
 Internet service providers:
o If anyone hack our account or anything bad in Internet, we cannot sue
the service provider.
o It is not liable
o Example: hack, fraud, defamation, …
 Privacy:
o The privacy at our email
 o Exception:
 Allows the party providing the electronic communication
service to access emails (employers)
 Government and law enforcement but need a search warrant
Ethic and Law
 Ethic is a set of moral principles or values that governs the conduct of
individuals.
 Law is the minimum degree of conduct expected of individuals and
businesses in society.
 Not all ethical standards have been enacted into law
o Ethic is what we know right or wrong
o Law is the rule, if we do wrong we will get punish
 Major theories of ethics
o Ethical fundamentalism: what we believe on something. For example,
we believe in Buddhism, so we have to believe on karma
 A theory of ethics that says a person looks to an outside source
for ethical rules or commands
 Religion
o Utilitarianism: a theory of ethics, which says that people must choose
the course of action, that provides the greatest good to society as a
whole.
 The greatest goal to society as a whole
o Kantian Ethic: you owe a moral duty to everyone
 Be good or treat good to others and they will treat us good too.
 Consistency: all people think the same
 Reversibility
o Rawls’ social justice theory:
 An ethical theory that asserts that fairness is the essence of
justice.
 We are born not the same (some are poor, rich, black, and
white), so we have to make the rule to treat everyone fairly.
 Veil of ignorance: ignore the background or abilities of
everyone in the society and treat them fairly
o Ethical relativism: a moral theory which states that people must
decide what is ethical based upon their own feelings and attitudes
about what is right or wrong.
 Based on our opinion, what is right or wrong
 Disadvantage: self-interest
 Whistleblower statues: permits individuals to sue companies for fraud on
behalf of the government
o When the company do something wrong or fraud. So, someone who
spread the word or says the truth about the company is
whistleblower.
o That individuals can receive up to 25% of amount recovered
 What is the duty of a business?
o Maximizing profits: a theory of social responsibility, which states that
the primary duty of business is to maximize the profits of its
shareholders.
 When the company makes a lot of profit, it will also increase
stock, so the shareholders will be happy.
o Social responsibility: a theory of social responsibility, which argues
that businesses should act with awareness of the consequences that
its decisions will have on others.
 Bad on social but good for shareholder
o Moral minimum: a corporation has a duty to make profit without
causing harm to others.
 The corporation makes something harm or danger to others, so
at least we have to responsible for the victim
o Stakeholder interest: a corporation must consider that effects that its
actions will have on persons other that its shareholder.
 Shareholders want to know the effect of something damages.
 They have to inform to the shareholder about all benefit and
lost.
o Corporate citizenship: a corporation has a duty to do positive things in
society.
 For example, if the employee has child, the company should
provide the babysitter for them.