Electronic Commerce on the United States Legal System

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1. What is the impact of electronic commerce on the entire United States legal system (Meiners, 2003)?

The legal questions surrounding electronic commerce are numerous, mainly because changes in business practices rooted in new technology are happening at a pace that exceeds the ability of the law to adjust to them. This creates an aura of uncertainty for the businesses using these new technologies as it is unknown to what degree these new practices are covered by current legislation. Terminology within the existing legislation of many countries and jurisdictions presumes older methods and conventions of conducting business that are not always necessary or used as such in new electronic commerce. Data is also ultimately reduced to voltage transitions, magnetic orientations of iron-oxide molecules, and other phenomena that do not bear any inherent identity or relationship to the creator. This is very different from a paper-based world where the permanent unification of medium, data, and authentication create a greater aura of trustworthiness and legality. These issues can be restrictive to trade because it can preclude the use of electronic commerce if legal risks are perceived to be too high and they may discourage many would-be electronic commerce users.

The Advisory Commission on Electronic Commerce was created by Congress and tasked with producing what is arguably the most important policy initiative of the information age: recommendations on electronic commerce and tax policy, critical issues with global implications. The Commission completed its work with its Report to Congress (http://www.ecommercecommission.org/report.htm) which was delivered on April 12, 2000, ahead of schedule. The Commission's offices are closed.

Commission Created

In 1998, Congress passed (and the president later signed) the Internet Tax Freedom Act (ITFA) that imposes a three-year moratorium on new Internet taxation. As part of the Act, Congress established the Advisory Commission on Electronic Commerce to address the issues related to Internet taxation. The Congressionally designated members of the Commission include:

Three representatives from the Federal Government: the Secretary of Commerce, the Secretary of the Treasury, and the United States Trade Representative (or their respective delegates); Eight representatives from State and local governments (one such representative shall be from a State or local government that does not impose a sales tax and one representative shall be from a State that does not impose an income tax); and Eight representatives of the electronic commerce industry (including small business), telecommunications carriers, local retail businesses, and consumer groups. The Advisory Commission on Electronic Commerce (ACEC) was created by Congress to study federal, state, local and international taxation and tariffs on transactions using the Internet and Internet access. The Commission's 19 members included three of our nation's governors, heads of several major information technology corporations and other government and business leaders from across the nation. Virginia Governor James S. Gilmore, III, chaired the Commission.

Authority of Commission

The Advisory Commission conducted a thorough study of Federal, State and local, and international taxation and tariff treatment of transactions using the Internet and Internet access, and other comparable intrastate, interstate, or international sales activities. The Commission was tasked with producing what is arguably the most important policy initiative of the information age. The Commission's recommendations on the critical issues of e-Commerce and tax policy were submitted to Congress on April 12, 2000.

December 2005

The UN General Assembly adopted new United Nations ...