What are some special issues that arise in Internet transactions? What must managers do to protect their organizations in Internet transactions? Avoid discussing an issue mentioned by other students.
As a manager that deals with internet transactions, one should be concerned with protecting and renewing their domain name (such as my domain adamrlee.org), ensuring their retail site is operational and maintained, ensure adequate programming on the logistics software to ensure customers cannot buy more products than available, and have their website digitally signed and either handle the financial transactions through a third party or set up their own credit card processing component. They must ensure buyer IP addresses are logged as to prevent fraud, and also include a digital contract that the buyer should be aware of informing them of what information is being captured, how the product can be used, etc. For the sale of software, there may be clauses included on the contract prohibiting unauthorized reproductions and sharing. Any software being sold should be licensed, in accordance with relevant state e-commerce and licensing statutes.
Most have already heard of the trouble Sony has been having with hackers breaking into their databases and releasing their users information. In some cases, released information and passwords are unencrypted (stored in plain text). It should be a priority for companies to encrypt passwords for both their users and administrators. The organization should be familiar in how to use the information infrastructure protection act in their defense should persons try to steal information without authorization.
Showing posts with label Business Law. Show all posts
Showing posts with label Business Law. Show all posts
Thursday, July 21, 2011
Saturday, July 9, 2011
Reflect on the traditional litigation system...
Reflect on the traditional litigation system; for example, suit, answer, discovery, trial, or jury. What are risks organizations encounter when dealing with traditional litigation? What measures may managers take to reduce exposure to those risks?
The traditional litigation system is set up as a hard coded process with a variety of procedural rules. A lawsuit, also known as litigation, is divided into pleadings, discovery, dismissals and pretrial judgements, settlement conference, trial, and appeal. Each step has it's own procedures that must be followed, and the pleadings stage may invoke a counter lawsuit. The longer the process takes, the more money must be given to lawyers and the court system which could have been used in the business constructively. While some lawsuits are worth the effort and investment, many times it would be favorable to utilize an alternative to the traditional litigation process. Alternative dispute resolution methods are being used to reduce business interruption, notoriety, and astronomical costs associated with the traditional litigation system. ADRs are comprised of negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee (Cheeseman, 2010, p. 43).
Of course, taking the necessary precautions not to get involved into a legal dispute along with following all applicable laws will also be useful in avoiding the costs associated with litigation. If a legal dispute must be resolved, managers should strongly consider ADRs before proceeding with the traditional litigation process.
References:
Cheeseman, Henry. Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues.
Seventh Edition. Upper Saddle River, New Jersey: Prentice Hall.
The traditional litigation system is set up as a hard coded process with a variety of procedural rules. A lawsuit, also known as litigation, is divided into pleadings, discovery, dismissals and pretrial judgements, settlement conference, trial, and appeal. Each step has it's own procedures that must be followed, and the pleadings stage may invoke a counter lawsuit. The longer the process takes, the more money must be given to lawyers and the court system which could have been used in the business constructively. While some lawsuits are worth the effort and investment, many times it would be favorable to utilize an alternative to the traditional litigation process. Alternative dispute resolution methods are being used to reduce business interruption, notoriety, and astronomical costs associated with the traditional litigation system. ADRs are comprised of negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee (Cheeseman, 2010, p. 43).
Of course, taking the necessary precautions not to get involved into a legal dispute along with following all applicable laws will also be useful in avoiding the costs associated with litigation. If a legal dispute must be resolved, managers should strongly consider ADRs before proceeding with the traditional litigation process.
References:
Cheeseman, Henry. Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues.
Seventh Edition. Upper Saddle River, New Jersey: Prentice Hall.
Do you all think the US Constitution is meant to be a static document, or one that should be constantly changing?
Do you all think the US Constitution is meant to be a static document, or one that should be constantly changing?
The question you ask is a great one, and one that often comes up in politics. I believe the Constitution is a masterful piece of intellectual accomplishment written in an age of Enlightenment by men who beat all odds and defeated the indefatigable British Empire while championing the idea of Liberty and Freedom. I believe the Constitution should retain all existing laws but may be amended to add new laws which do not counter any existing laws which are decided by Congress through the methods described by the Constitution.
Presently, I believe executive orders have become all too common, and the Constitution is being abused constantly. Wars these days are not declared or approved by Congress, something required by the Constitution. Article I, Section 8, Clause 11 gives congress the exclusive authority to wage war. However, the Executive branch has been going off UN resolutions instead, a slap in the face to the forefathers and something that has already cost the nation trillions of dollars and countless lives. I will not debate whether or not these wars should have been made here, I will simply challenge the notion that such wars are legal under the Constitution.
Unless there is something drastic that requires an amendment to the Constitution, I would say leave it be and defend it. New citizens must pledge to defend the Constitution:
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God."
Reference:
"Naturalization Oath of Allegiance to the United States of America." USCIS Home Page. Web. 08 July 2011. <http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=facd6db8d7e37210VgnVCM100000082ca60aRCRD&vgnextchannel=dd7ffe9dd4aa3210VgnVCM100000b92ca60aRCRD>.
The question you ask is a great one, and one that often comes up in politics. I believe the Constitution is a masterful piece of intellectual accomplishment written in an age of Enlightenment by men who beat all odds and defeated the indefatigable British Empire while championing the idea of Liberty and Freedom. I believe the Constitution should retain all existing laws but may be amended to add new laws which do not counter any existing laws which are decided by Congress through the methods described by the Constitution.
Presently, I believe executive orders have become all too common, and the Constitution is being abused constantly. Wars these days are not declared or approved by Congress, something required by the Constitution. Article I, Section 8, Clause 11 gives congress the exclusive authority to wage war. However, the Executive branch has been going off UN resolutions instead, a slap in the face to the forefathers and something that has already cost the nation trillions of dollars and countless lives. I will not debate whether or not these wars should have been made here, I will simply challenge the notion that such wars are legal under the Constitution.
Unless there is something drastic that requires an amendment to the Constitution, I would say leave it be and defend it. New citizens must pledge to defend the Constitution:
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God."
Reference:
"Naturalization Oath of Allegiance to the United States of America." USCIS Home Page. Web. 08 July 2011. <http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=facd6db8d7e37210VgnVCM100000082ca60aRCRD&vgnextchannel=dd7ffe9dd4aa3210VgnVCM100000b92ca60aRCRD>.
What is one way the U.S. legal system affects U.S. businesses? ...
What is one way the U.S. legal system affects U.S. businesses? How do specific aspects of the U.S. legal system contribute to furthering commerce? What would happen if that characteristic were not present?
The United States legislative and executive branches have authority to empower administrative agencies to enforce statutes enacted by Congress. This authority is based on the last line in Article 1, Section 8, which reads:
"The Congress shall have Power To... make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
The Federal Trade Commission is one such agency whose original purpose was to break up and prevent monopolies; the commission now is involved in protecting consumers. I believe the FTC helps maintain healthy commerce by keeping competition within the marketplace for different industries alive, as well as protecting consumers from dangerous products or buying misrepresented goods. If such an agency were to not exist less consumers domestic and foreign would be more leery of buying American products, and significant losses would be experienced by consumers. Monopolies would stifle competition and innovation, and raise prices on their goods to the detriment of everyone else.
Another such agency made possible through US law is the US Postal Service. Unlike the FTC, the a postal service was explicitly authorized on the Constitution in Article 1 Section 8. The US postal service provides services such as certified mail, which is useful in mailing important business documents and also official assessments. The absence of the authority to empower administrative agencies would mean the absence of the USPS; the absence of the USPS would mean mail would cost more to send, and become even less attractive in the age of free communication via email.
The Farm Service Agency is yet another agency which affects U.S. farmers, providing them with financial safety nets in order to protect the agricultural sector. This agency also regulates the way farmers do business.
The above are only a small sampling of the agencies which have been created and administered based on the power to create Federal administrative agencies. The creation of such agencies is crucial to ensure smooth government function, as if no such agencies were created the Congress itself would have to administer all functions that these agencies now provide.
References:
"The Constitution of the United States," Article 1, Section 8, Clause 18.
"USPS - Organization Information." USPS - The United States Postal Service (U.S. Postal Service). Web. 05 July 2011. <http://www.usps.com/about/organizationinformation.htm>.
"About Us." Federal Trade Commission. Web. 05 July 2011. <http://www.ftc.gov/ftc/about.shtm>.
"About FSA." Farm Service Agency. Web. <http://www.fsa.usda.gov/FSA/webapp?area=about&subject=landing&topic=landing>.
The United States legislative and executive branches have authority to empower administrative agencies to enforce statutes enacted by Congress. This authority is based on the last line in Article 1, Section 8, which reads:
"The Congress shall have Power To... make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
The Federal Trade Commission is one such agency whose original purpose was to break up and prevent monopolies; the commission now is involved in protecting consumers. I believe the FTC helps maintain healthy commerce by keeping competition within the marketplace for different industries alive, as well as protecting consumers from dangerous products or buying misrepresented goods. If such an agency were to not exist less consumers domestic and foreign would be more leery of buying American products, and significant losses would be experienced by consumers. Monopolies would stifle competition and innovation, and raise prices on their goods to the detriment of everyone else.
Another such agency made possible through US law is the US Postal Service. Unlike the FTC, the a postal service was explicitly authorized on the Constitution in Article 1 Section 8. The US postal service provides services such as certified mail, which is useful in mailing important business documents and also official assessments. The absence of the authority to empower administrative agencies would mean the absence of the USPS; the absence of the USPS would mean mail would cost more to send, and become even less attractive in the age of free communication via email.
The Farm Service Agency is yet another agency which affects U.S. farmers, providing them with financial safety nets in order to protect the agricultural sector. This agency also regulates the way farmers do business.
The above are only a small sampling of the agencies which have been created and administered based on the power to create Federal administrative agencies. The creation of such agencies is crucial to ensure smooth government function, as if no such agencies were created the Congress itself would have to administer all functions that these agencies now provide.
References:
"The Constitution of the United States," Article 1, Section 8, Clause 18.
"USPS - Organization Information." USPS - The United States Postal Service (U.S. Postal Service). Web. 05 July 2011. <http://www.usps.com/about/organizationinformation.htm>.
"About Us." Federal Trade Commission. Web. 05 July 2011. <http://www.ftc.gov/ftc/about.shtm>.
"About FSA." Farm Service Agency. Web. <http://www.fsa.usda.gov/FSA/webapp?area=about&subject=landing&topic=landing>.
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