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Cyberlaw for Global E-Business: Finance, Payments, and Dispute Resolution

Book Description

"As the various types of global e-business grow rapidly, the need to establish adequate cyberlaws is increased. Reformation of domestic and global laws has been underway; however, the nature of e-business is one of constant technological developments, consistently outdating existing laws.

Cyberlaw for Global E-Business: Finance, Payments & Dispute Resolution examines cyberlaw discussions worldwide on topics such as cybercrime and risk management, comparative electronic trading systems of securities, digital currency regulation, jurisdiction and consumer protection in cross-border markets, and case law on international bank transfers. An invaluable resource for policy-makers, business experts, lawyers, scholars, and researchers, this book provides comprehensive research from a global perspective on the legal, technical, and financial implications of e-business."

Table of Contents

  1. Copyright
  2. Foreword
  3. Preface
  4. Acknowledgment
  5. E-Finance
    1. Cybercrime, Cybersecurity, and Financial Institutions Worldwide
      1. ABSTRACT
      2. INTRODUCTION
      3. THE COUNCIL OF EUROPE CONVENTION ON CYBERCRIME
      4. FINANCIAL INSTITUTIONS AFFECTED BY VARIOUS FORMS OF CYBERCRIME
      5. CUSTOMER AUTHENTICATION TECHNIQUES AND METHODS
      6. OTHER FORMS OF CYBERCRIME REPORTED TO BE DIRECTED AT FINANCIAL INSTITUTIONS
      7. EMERGING PRIVACY ISSUES
      8. PRESENT NEEDS OF LAW AND LAW ENFORCEMENT
      9. FUTURE NEEDS OF LAW AND LAW ENFORCEMENT
      10. CONCLUSION
      11. REFERENCES
      12. ADDITIONAL READING
      13. ENDNOTES
    2. Enhancing Cyber Risk Management with the Framework of ERM and Basel II
      1. ABSTRACT
      2. INTRODUCTION
      3. LESSONS LEARNT FROM THE PAST
      4. EVOLUTION OF ENTERPRISE RISK MANAGEMENT
      5. BASEL II FRAMEWORK
      6. CYBER RISK MANAGEMENT FRAMEWORK BASED ON ERM AND BASEL II
      7. CONCLUSION
      8. FUTURE RESEARCH DIRECTIONS
      9. REFERENCES
      10. ADDITIONAL READING
      11. ENDNOTES
    3. IT Development and the Separation of Banking and Commerce: Comparative Perspectives of the U.S. and Japan
      1. ABSTRACT
      2. INTRODUCTION
      3. THE SITUATION OF THE SEPARATION IN THE U.S.
      4. JAPANESE SITUATION
      5. CONSIDERING THE JAPANESE SEPARATION POLICY
      6. CONCLUSION
      7. FUTURE RESEARCH DIRECTIONS
      8. REFERENCES
      9. ADDITIONAL READING
      10. ENDNOTES
    4. Laws and Regulations on Proprietary Trading System (PTS) in Japan: Japanese Alternative Trading System (ATS)
      1. ABSTRACT
      2. INTRODUCTION
      3. BACKGROUND OF INTRODUCING PTS
      4. PTS
      5. PTS AS THE SYSTEM UNDER THE SECURITIES AND EXCHANGE ACT
      6. ARRANGEMENTS FOR PRICE DISCOVERY AND EXECUTION
      7. GUIDELINES FOR ESTABLISHMENT OF PTS
      8. PRESENT SITUATION AND PROSPECTS OF PTS
      9. FURTHER RESEARCH DIRECTION
      10. REFERENCES
      11. ADDITIONAL READINGS
      12. ENDNOTES
    5. The Holding and Transfer of Interests in Securities in England and Japan: Compared with the Holding and Transfer of Funds
      1. ABSTRACT
      2. INTRODUCTION
      3. EXAMINATION OF RISKS AND REVIEW OF LEGAL ISSUES
      4. ANALYSIS OF DESIRABLE SECURITIES SYSTEMS
      5. CONCLUSION
      6. FUTURE RESEARCH DIRECTIONS
      7. REFERENCES
      8. ADDITIONAL READING
      9. ENDNOTES
  6. E-Payment
    1. Global Trends of Payment Systems and the Next-Generation RTGS Project in Japan
      1. ABSTRACT
      2. INTRODUCTION
      3. BACKGROUND
      4. STRUCTURAL CHANGES IN PAYMENT SYSTEM FIELDS
      5. GLOBAL TRENDS OF PAYMENT SYSTEMS
      6. HYBRID SYSTEM
      7. INTEGRATED SYSTEM
      8. NEXT-GENERATION RTGS PROJECT IN JAPAN
      9. THE RTGS-XG PROJECT AND THE GLOBAL TREND
      10. FUTURE TRENDS
      11. CONCLUSION
      12. REFERENCES
      13. ADDITIONAL READING
      14. ENDNOTES
    2. Technical and Legal Concerns about Global Card Payments
      1. ABSTRACT
      2. INTRODUCTION
      3. THE PARTICIPANTS AND THE TECHNOLOGY OF DIFFERENT CARD PAYMENTS
      4. JURISDICTION, PRIVACY, AND DATA PROTECTION IN CARD PAYMENTS
      5. CONCLUSION
      6. REFERENCES
      7. ADDITIONAL READING
    3. The Regulation of New Forms of Electronic Fund Transfers in Japan Focusing on Electronic Money
      1. ABSTRACT
      2. INTRODUCTION: WHY ELECTRONIC MONEY NOW?
      3. WHAT IS "ELECTRONIC MONEY"?
      4. ELECTRONIC MONEY AND ITS CLASSIFICATION
      5. EXISTING REGULATIONS ON ELECTRONIC MONEY: PART I: LEGISLATION AS THE BASIS FOR GOVERNMENTAL POLICY: THE PREPAID CARD LAW
      6. EXISTING REGULATIONS ON ELECTRONIC MONEY: PART II: VERSATILITY—THE BILL AND SIMILAR CERTIFICATES CONTROL LAW
      7. EXISTING REGULATIONS ON ELECTRONIC MONEY: PART III: CASHABILITY—THE DEPOSIT LAW
      8. EXISTING REGULATIONS ON ELECTRONIC MONEY: PART IV—EXCHANGE TRANSACTIONS: THE BANKING LAW
      9. EXISTING REGULATIONS ON ELECTRONIC MONEY: PART V—MONEY LAUNDERING REGULATIONS
      10. NECESSITY FOR THE REEXAMINATION OF PUBLIC LAW: THE REGULATION OF ELECTRONIC MONEY
      11. OTHER ONLINE PAYMENT SERVICES BY NON-FINANCIAL INSTITUTIONS24
      12. WHEN OVERSEAS DIGITAL GoLD CURRENCY ENTERPRISES PROVIDES RESIDENTS OF JAPAN WITH SERVICE
      13. BRIEF COMPARISON WITH REGULATIONS OF U.S. AND E.U.
      14. POSSIBLE LEGISLATION ON ELECTRONIC MONEY IN THE FUTURE
      15. EXTENDED RESEARCH I: REAL MONEY TRADE
      16. EXTENDED RESEARCH II: POINT-BASED REWARDS PROGRAMS AND MILEAGE PROGRAMS
      17. FUTURE RESEARCH DIRECTIONS
      18. REFERENCES
      19. ADDITIONAL READING
      20. ENDNOTES
    4. Commodity Based Digital Currency: A Legal Analysis
      1. ABSTRACT
      2. INTRODUCTION
      3. WHAT IS DIGITAL CURRENCY?
      4. THE LEGAL STATUS OF CBDC
      5. SUPERVISORY AND REGULATORY CONTROL
      6. CONCLUSION
      7. REFERENCES
      8. ADDITIONAL READINGS
      9. ENDNOTES
    5. Mistakes in Remittance to Account
      1. ABSTRACT
      2. INTRODUCTION
      3. BACKGROUND
      4. SUPREME COURT DECISION OF APRIL 26, 19966
      5. SUPREME COURT DECISION OF MARCH 12, 200328
      6. EMERGING TREND
      7. CONCLUSION
      8. REFERENCES
      9. ADDITIONAL READINGS
      10. ENDNOTES
  7. E-Contracts and Dispute Resolution
    1. Doing International Business Online for the Small and Medium Enterprise
      1. ABSTRACT
      2. INTRODUCTION
      3. TWO BASIC PROBLEMS INHIBITING ONLINE TRANSACTIONS
      4. BUILDING TRUST BEFORE THE EXCHANGE
      5. REDUCING RISK DURING THE EXCHANGE
      6. DEALING WITH DISPUTES
      7. CONCLUSION
      8. FUTURE RESEARCH DIRECTIONS
      9. REFERENCES
      10. CASES
      11. REGULATIONS
      12. ADDITIONAL READING
      13. END NOTES
    2. Consumer Protection in Cross-Border E-Commerce Markets
      1. ABSTRACT
      2. INTRODUCTION
      3. OVERVIEW OF THE CURRENT CONDITIONS IN E-COMMERCE MARKET
      4. WHAT IS PECULIAR TO CROSS-BORDER E-COMMERCE MARKETS
      5. THE CURRENT ATTEMPTS TO ESTABLISH DISPUTE RESOLUTION SYSTEMS
      6. THE COMMON PROBLEMS IN THE CURRENT ATTEMPTS
      7. THE KEY TO FACILITATE CONSUMER PROTECTION
      8. CONCLUSION
      9. FUTURE RESEARCH DIRECTIONS
      10. REFERENCES
      11. ADDITIONAL READINGS
      12. ENDNOTES
    3. Cyber Contract and Indian Law
      1. ABSTRACT
      2. INTRODUCTION
      3. BACKGROUND
      4. TYPES OF ELECTRONIC CONTRACTS
      5. MAIN TRUST OF THE CHAPTER
      6. FUTURE TRENDS
      7. CONCLUSION
      8. FUTURE RESEARCH DIRECTION
      9. REFERENCES
      10. ADDITIONAL READING
    4. E-Commerce and Dispute Resolution: Jurisdiction and Applicable Law in a Dispute Arising from a Computer Information Transaction
      1. ABSTRACT
      2. INTRODUCTION
      3. B2B TRANSACTIONS AND SELF-GOVERNANCE
      4. B2C TRANSACTION AND CONSUMER PROTECTION
      5. CONCLUDING REMARKS
      6. FUTURE RESEARCH DIRECTIONS
      7. REFERENCES
      8. ADDITIONAL READING
      9. ENDNOTES
    5. Cross-Border Court Jurisdiction and Economic Law Application in Electronic Commerce
      1. ABSTRACT
      2. INTRODUCTION
      3. COURT JURISDICTION AND ECONOMIC LAW APPLICATION IN NORMAL TRANSACTIONS
      4. EU
      5. DIFFERENTIAL CHARACTER IN JURISDICTION AND APPLICATION OF ECONOMIC LAW TO E-COMMERCE
      6. ATTEMPT FOR INTERNATIONAL JURISDICTION AND CHOICE OF LAW TO E-COMMERCE IN THE u.s., EUROPE, AND HAGUE INTERNATIONAL PRIVATE LAW CONFERENCE
      7. CONCLUSION
      8. FURTHER RESEARCH DIRECTIONS
      9. REFERENCES
      10. ADDITIONAL READINGS
      11. ENDNOTES
  8. Compilation of References
  9. About the Contributors
  10. Index