Introduction to E-commerce (3 cr. Summer only) : An e-commerce web address usually begins www.  This prefix embodies an important concept; that e-commerce is a world wide application. In 2001 e-commerce generated $32 billion in sales. It involves international protocols and conventions as well as state and national legislation. An e-commerce entrepreneur needs to be aware of online jurisdiction rules that apply to local and cross border transactions. Lapses in choice of law and forum in contracting can land an e-commerce vendor in a foreign jurisdiction that may be outside of the shores of the United States.  An e-commerce entrepreneur should pay attention to the abbreviations that appear in business news.  Entities such as the CERN, HCOPIL, ICC, ISO, OECD, UNCITRAL, WIPO, and WTO should be as familiar as B2B and COD to the Internet Attorney.

The factors that are driving e-commerce include the expanding global communication networks, the expansion of global online markets, and the emerging of business models that provide access to the global market.  Business strategies have evolved from the bricks and mortar retail establishments, and catalog outlets into electronic business transactions that run the full cycle from procurement of raw materials, to processing and distribution of manufactured goods, to order fulfillment systems and international payment processes via electronic funds transfer systems.

In addition to the international sale of goods, there is a blossoming of electronic services that were previously only available through hard line links to service providers.  Internet retailing, banking, and data exchange now flow over computer grids and satellite systems.  Deals are closed not with a handshake, but with an exchange of private keys.

Internal business communications are conducted over networks connecting company employees to homes and offices worldwide. Electronic mail, file transfer, image senders, video-conferencing and other workflow are accomplished between remote sites that need to be secure.

e-Commerce is the complete value chain that links suppliers, producers, retailers, and customers.  Companies that do not plan to enter the e-Commerce arena themselves, still have to deal with clients and customers whose only presence will be in the form of full-service electronic storefronts.  These companies will have to adjust their strategic plan to include electronic media in their businesses.  Understanding the novel legal issues that arise in relation to, the Internet, electronic commerce and on-line services, as well as the laws and jurisdictional matters that apply to e-commerce applications, will be the instrument of success in positioning a business in the electronic marketplace.

Any enterprise that attracts as much traffic and value as does the electronic commerce enterprise, seldom survives in a lese faire environment.  This new economic reality is no different. Government intervention in this market exists on every level. From regulating the hours of a cyber-café to restrictions on access and content, to international protocol agreements; all levels of government are leaving an imprint on commercial matters in the electronic markets.

In the legal market a new classification is emerging: the “Internet Attorney”.  This practice area is a crossover specialization that integrates the traditional Intellectual Property practice subjects of Patent, Trademark and Copyright Law with the Litigation practice subjects of Domestic and International Business Law. This practice area incorporates all of the practical applications of doing business online.  The legal and regulatory issues of the Internet Law practice area involve the migration of businesses to the electronic storefront, the protection of industrial property, transnational licensing, strategic partnering, taxation of cross border transactions, and electronic financial services. Components of the practice also include consideration of issues of cyber-crime and privacy.

In short, the practice of law has embraced the global electronic marketplace.  The LL.M program concentration in e-Commerce provides a new curriculum for training the Internet Attorney.

In this course students will learn about the international organizations that are involved in regulating and directing the development of e-commerce.  Jurisdictional rules will be covered as well as practical considerations of limiting the possibility of being called in front of a foreign court.

Ana D. Penn is the CEO and Executive Director of International Business Law Services , (IBLS), www.IBLS.com headquartered in Irvine, California. Designed to help business and legal professionals understand  Internet laws and regulations IBLS provides  worldwide interactive source of information and counsel for legal issues relating to the Internet. Ms. Penn coordinates and directs IBLS’ legal and management teams, consisting of law professors, attorneys, finance, marketing and IT professionals. Ms.Penn has a master of law in international banking and financial law from Boston University, School of Law, Boston, Massachusetts; a master of law in taxation from Golden Gate University, School of Law, California and a juris doctor degree from Western State University, College of Law, California.  She also studied European Community law at Cambridge University in England.