The Legal Implications On E Commerce Information Technology Essay

Making an E-Commerce hub within a member provinces is the chief subject of the survey. Making E-commerce hub within a member provinces means to do the member provinces in the universe of cyberspace and computing machine that is to do the member states merchandising electronically. But making an e-commerce hub within a member provinces is non an easy undertakings because there are many obstructions that the member provinces might faces including the legal obstructions such as package and right of first publication violation browse around this web-site http://www.socialmediatoday.com/users/richardpitman .

Hire a custom writer who has experience.
It's time for you to submit amazing papers!


order now

However, this work provides the legal obstructions that face the president in recognizing the dream of making an e-commerce hub. Besides, the work explains assorted proposals such as proposals associating to electronic contract formation and enfranchisement model, online contracts and protection for consumers buying goods and services within the hub country and beyond, advancing online bet oning or the usage of e-money and forestalling the hub-area been seen as one within which online users may prosecute in P2P file sharing with impunity.

In relation to the above, the work besides indicate out the effects of ordinance on issues such as legal power, the encouragement of inward investing or the dangers of making trading deterrences for enterprisers.

The work is arranged into chapters that is chapter one covers the legal obstructions that might confront the president in making an e-commerce hub.

Chapter two explains the proposals associating to electronic contract formation and enfranchisement model.

Chapter three explains the proposals on online contracts and protection for consumers buying goods and services within the hub country and beyond.

Chapter four explains the proposals on advancing online bet oning or the usage of e-money.

Chapter five explains the proposals on forestalling the hub country been seen as one within which online users may prosecute in P2P file sharing with impunity.

Chapter ONE

THE GENERAL ANALYSIS OF THE LEGAL OBSTACLES THAT FACE THE PRESIDENT IN REALISING THE DREAM OF CREATING AN E-COMMERCE HUB.

1.1 Introduction

This chapter interprets the basic definitions and constructs that are relevant to the inquiry. I do get down the treatment in this manner in order to light, in drumhead signifier, the significance of Hub and E-commerce. Then the general analysis of the legal obstructions that face the president in recognizing the dream of making an e-commerce hub shall be discussed.

1.2 Meaning OF HUB

A hub is a constituent that serves as a common expiration point for multiple nodes and that can relay signals along the appropriate way. By and large, a hub is a box with a figure of connections to which nodes are attached. Hubs normally accommodate four or eight nodes, and many hubs include connections for associating to other hubs[ 1 ].

1.3 Meaning OF E-COMMERCE

E-commerce means the procedure of leting the houses, companies or persons to hold market entree to make their concern through cyberspace. In other words, it involves the activities of purchasing and merchandising of merchandises or services via cyberspace[ 2 ].

1.4 THE GENERAL ANALYSIS OF THE LEGAL OBSTACLES THAT FACE THE PRESIDENT IN REALISING THE DREAM OF CREATING AN E-COMMERCE HUB.

1.4.1 Issues of authorship and signature.

This accounts as legal obstruction that face the president in recognizing the dream of making an e-commerce hub. Harmonizing to Professor Bob Clark[ 3 ], demands of authorship could show important barriers to e-commerce. Professor ( Supra ) went on to province that the Interpretation Act[ 4 ], provides that the term composing includes:

Typing, printing, lithography, picture taking and other manners of stand foring or reproducing words in a seeable signifier, and looks mentioning to composing are construed consequently.

Professor Bob Clark ( Supra ) , posed the inquiry based on the above phrase which to me besides act as the obstruction to the president in recognizing the dream whether the above term of composing screens besides email.

The above point come together from the general perceptual experience of attorneies that electronic contract should non be differentiated at all with the paper contract which is true but some of the contract in paper signifier needs to be in composing so what about those contracts one time handled in e-commerce?

Besides, within the same line the issue of signature is besides an obstruction to the president in recognizing the making dream of e-commerce hub. Professor Bob Clark ( Supra ) , posed once more the inquiry on this. We all know through signature we sign the papers and what our signature signifies is the mechanism for placing who we are and therefore we are turn outing a papers through that signature. It ‘s true that today many signatures are automatically generated but regarded as valid now the inquiry is how far can electronic agencies satisfy the designation elements of signatures? Or the extra demand that a signature be witnessed?

1.4.2 Authentication.

This is another obstruction to the president in recognizing the making dream of e-commerce. Parties must be able to set up each other ‘s individualities, and perchance their locations. However, without set uping these, no contractual purpose can come approximately. Establishing individuality is already a serious job in a non-electronic environment in relation to long distance and cross-border minutess. Failure to set up the other party ‘s individuality and location with preciseness has and will go on to give rise to chances for fraud. This is possible peculiarly in any electronic environment where often there is an interaction between the parties through exchanging of informations messages in electronic signifier without any physical or vocal contact between the parties[ 5 ].

1.4.3 Jurisdiction, Conflict of Laws and Its Consequences.

Besides, this is another obstruction to the president when he wants to make an e-commerce hub for the three states. This is a major issue in cross-border minutess where different legal regulations may use to the same dealing depending on where any portion of that dealing is undertaken, but with small or no certainty as to which Torahs are applicable[ 6 ]. The effects of this are that it would drive out of the concern many little medium endeavors if they had to confront judicial proceeding in every member provinces. Consumers tend to fall back to judicial proceeding merely above a certain value of the claim. Regardless of whether it is the consumer or the man of affairs who has to traverse a lodger in order to obtain legal damages and demand besides to be noted that cross boundary line judicial proceeding will be expensive and this cost will merely be justified for larger claims[ 7 ].

1.4.4 Security as Part of the Legal Issue.

One of the major obstructions to the broad credence of e-commerce by concerns and consumers is the sensed deficiency of equal security for online minutess. This is due to the figure of different rivals in the cyberspace market topographic point every bit good as the basic doctrine of the cyberspace. However, security and dependability non easy to be guaranteed at all. But on the other side people appear to hold trust on webs that there are controls and hence reliable. For illustration, when they use Automatic Teller Machine which is a portion of web and set up a trust on that but still there is a possibility of recognition card and other information larceny through the net. This renders the consumers non to be ready to supply their recognition card over the cyberspace. This might consequences in pulling hackers to still recognition cards information[ 8 ].

1.4.5 Calumniatory Cases.

One of import thing to observe is that now twenty-four hours ‘s civil wrong claims besides arise via cyberspace. These civil wrongs claims constitute the incorrect called cyber civil wrongs one time are done via the cyberspace. But as an obstruction to the president in making the e-commerce hub is on how the issue of cogent evidence can be entertained in tribunal one time there is calumny on line? How can besides be proved that on-line defamatory words were published? And of class this requires the 3rd party to see or hear it as compared to traditional civil wrongs. Besides, another obstruction is that how the individuality of the individual who made those calumniatory words discovered. Though as to the inquiry of detecting whom one posted the calumniatory words online can be treated but still the intervention creates an obstruction. For case, in United States of America in order to place the individual who posted the calumniatory words online there must be permission from the tribunal. Then the Internet Service Provider can unwrap the personal information of that offender[ 9 ].

What is the place in the United Kingdom?

So far in United Kingdom there is no jurisprudence that deals specifically with on-line calumny. UK embassador to the Ukraine, Craig Murray[ 10 ], agrees that much of the trouble that surrounds successfully winning an on-line calumny instance is that because the complainant must foremost turn out who is the publishing house or author of the statement is and secondly that the statement is false and written with purpose to do harm. Tracing an person that has posted a calumniatory remark can turn out really hard.

1.4.6 Data Protection and Privacy.

This is another obstruction that faces the president in recognizing the making dreams of e-commerce hub. Both have the close connexion. The usage of cyberspace now yearss become really easy for another individual to see one personal information. However, there is a demand for the president to come up with a new jurisprudence associating to privateness.

1.4.7 Taxation Issues.

Cross boundary line e-Commerce minutess create extra complexnesss as revenue enhancement rules are linked to legal power. The same applies to the minutess within the state ; several other commissariats of revenue enhancement are dependent on the location of the company or individual, the position of the goods in inquiry at the clip of doing the contract, and the definition of the services/products that are involved in minutess[ 11 ].

Tax rules require that revenue enhancement regulations should non impact economic picks and, hence, economically similar incomes should be taxed likewise[ 12 ]. Thus, revenue enhancement of cross boundary line e-commerce minutess poses two issues that need to be examined critically by the president that is the finding of the character of income that is generated by the e-commerce dealing and the 2nd 1 is finding of what constitutes a lasting constitution in the beginning state and ascription of income to the lasting constitution[ 13 ].

However, the president has the challenge to alter the footing of revenue enhancement that is abode based revenue enhancement and besides necessitate to come up with the good readings so as to be able to understand what represent the nature and character of income from cross boundary line e-commerce minutess.

1.4.8 Formation of lawfully adhering duties.

This besides becomes an obstruction to the president when making the e-commerce hub. The president has to come up with statute laws which prove that formation of lawfully adhering duties through electronic informations messages are functionally tantamount to the formation of the same through the exchange of paper paperss. The obstructions comes in for illustration on the issue of clip of communicating here internet engineerings are basically communications engineerings where information is created, sent, received, stored and accessed in an electronic signifier. Accounting for the clip in which the information is sent, received and accessed is made more trouble by the engineerings used[ 14 ].

1.4.9 Non-Binding Alternative Dispute Resolution.

This is besides another obstruction to the president in making the e-commerce hub. The Council Directive[ 15 ]of Unfair Footings in Consumer Contracts contains a clause which restricts consumers on the usage of Alternative Dispute Resolution despite of its acknowledgment in assorted International Conventions and Legal Instruments such as The New York Convention[ 16 ], Guidelines for Consumer Protection[ 17 ]and Brussels Convention[ 18 ]. Therefore he has a work to make by engrafting the Torahs that will let the Alternative Dispute Solution to run freely as in the paper minutess[ 19 ].

1.5 Adopt or amendment of the Laws.

Member States required adapting or amending national jurisprudence and ordinance in so as to do certain that there is a cogency of the jurisprudence and do members utilizing digital signatures without proficient or legal hazard. The Communication provinces that a broad scope of ordinances at national degree would curtail the constitution of service suppliers across both frontiers. This is because of different professional demands, differing prudential and supervisory systems, and presentment licensing agreements[ 20 ].

1.5.1 Byzantine claim based on Negligent Misstatement.

It might non be easy for the president to set up a responsibility of attention. Because the figure of individuals to whom a responsibility is owed is non easy to cognize which consequences to the menace of liability in sum which non easy to be identified every bit good to an undetermined category emerges. The relationship of the enfranchisement governments and the party who relies falls short of contractual privity. The issue of who is in a place to transport the loss, every bit good as policy statements, may besides play a function in following or denying a responsibility of attention[ 21 ].

Chapter TWO

Proposals ON ELECTRONIC CONTRACT FORMATION AND A CERTIFICATION FRAMEWORK.

2.1 Meaning OF ELECTRONIC CONTRACT.

Electronic contract is the procedure of holding a contract done through electronically. By electronic agencies that the service is sent ab initio and received at its finish by agencies of electronic equipment for the processing that is including digital compaction and storage of informations, and wholly transmitted, conveyed and received by wire, by wireless, by optical agencies or by other electromagnetic[ 22 ].

2.2 PROPOSALS RELATING TO ELECTRONIC CONTRACT FORMATION AND A CERTIFICATION FRAMEWORK.

2.2.1 Jurisdiction.

However, there is a demand to alter this proviso of the current jurisprudence[ 23 ]which requires a individual who set up web site and do contract with a individual from EU states in instance of difference this individual who set up the web site has to travel and action to the EU state let the jurisprudence be flexible and allows the party to take a topographic point of actioning. The effects of this if non be changed will non be able to use in developing states and less developing states because it will non be easy for them to go due to their fiscal position hence denial their entree rights to justness[ 24 ].

2.2.2 Offer and credence.

The same applies to any contract formation there is besides a demand to hold a proviso which includes offer and credence. This is good supported by the Electronic Transaction Act[ 25 ], of Singapore which has the commissariats that acknowledging offer and credence in the formation of electronically contract[ 26 ].

2.2.3 The clip of the formation of Contract.

There is a demand to hold commissariats that explains the clip that is when an offer is accepted or withdrawn as good and besides when an offer, or counter offer or annulment of an offer is made[ 27 ].

2.2.4 Electronic Evidence.

There is a demand to include electronic grounds in the portion of the jurisprudence particularly in civil claims. This will assist the tribunal in instance of any difference particularly when the parties are in different states there is no any demand for them to go physically to that state where the suit filed alternatively the instance can be entertained electronically based on electronic grounds. In some states electronic grounds is non yet admissible in a tribunal of jurisprudence.

2.2.5 The topographic point where the contract is formed.

There is a demand to come with clear place as to where the contract is formed. Suppose two parties enter into contract electronically so the inquiry is where does the contract formed sometimes if we depends information from the parties the parties may supply false information with respects to his or her abode. However, there is a demand to come up with biometrics database that will be able to demo whether the individual is saying the truth or non.

2.2.6 The Decision of the Contract.

The demand to explicate how the contract is concluded seems a necessity to avoid the user come ining into a contract without being cognizant of it. The information needs to be comprehendible, unambiguous and clear. This is best achieved by sketching the stairss taking to the decision, for illustration, a description of buttons to be hit and their legal effects[ 28 ].

2.3 THE PROPOSAL RELATING TO CERTIFICATION FRAMEWORK

The current tendency on the enfranchisement model on electronic contract is that when there are two parties or more than two parties who had no old traffics, are considered as aliens, obvious no electronic signature that can acknowledge them to one another other without some aid of outside beginning who can demo a nexus between their individualities and their public keys. Outside beginning that take trust to the people will do. However, that is why enfranchisement governments ( CA ) enter in[ 29 ]. A enfranchisement authorization is a organic structure, either public or private, that seeks to make full the demand for sure 3rd party services in electronic commercialism by publishing electronic certifications, signed electronically, that attest to some fact about the topic of the certification[ 30 ].

If there is a willingness to accept certifications issued by a CA 1 the receiver of this certification, must hold assurance that the CA 1 ‘s public key is truly the CA 1 ‘s and non another manifestation of the wily. One manner to accomplish this assurance is to hold an identifying certification from another CA ( CA 2 ) , attesting CA 1 ‘s cardinal. Public key of CA 2 likely need be certified by a CA 3 and so on. But those enfranchisement governments ‘ consequences to many certifications with a root certification at the underside of the tree which consequences to the inquiries as to the cogency of the last CA ‘s public key[ 31 ].

However, based on the above job harmonizing to Hindelang S ( Supra ) , the followerss below are the proposal for enfranchisement model of electronic contract which I do besides hold with the writer ‘s thought:

Assurance may besides be achieved by cross-certification. This means that two CA ‘s certify each other ‘s public key. It is besides possible that CAs certify themselves by merely subscribing their ain public keys and posting the certification on their ain web sites. Self-certification is possible because the CAs rely on trust gained from other activities, such as postal services or banking activities.

Besides, another proposal is that of presenting a self-regulatory organic structure monitored by governmental governments in order to guarantee trust to the people.

Chapter THREE

PROPOSALS RELATING TO ON-LINE CONTRACTS AND PROTECTION FOR CONSUMERS PURCHASING GOODS AND SERVICES WITHIN THE “ HUB ” AREA AND BEYOND.

3.1 Meaning OF ON-LINE CONTRACTS

An online contract is a contract that governs the usage of a Web site by viewing audiences of the site. The online contract is posted on a Web site, and hyperlinks to the contract are posted throughout the Web site. By utilizing the site, viewing audiences are deemed to accept to the online contract[ 32 ].

3.2 PROPOSALS RELATING TO ON-LINE CONTRACTS AND PROTECTION FOR CONSUMERS PURCHASING GOODS AND SERVICES WITHIN THE “ HUB ” AREA AND BEYOND.

Equally far as I know the followerss should be included one time one establishes or wants to set up the online contracts and protection for consumers buying goods and services within the “ hub ” country and beyond.

3.2.1 Remedies to the purchaser.

There is a demand to hold clear Torahs that supplying for the redresss that might be available to the purchaser. This needs to be considered because in some instances an offeree or the purchaser might hold received a merchandise which is either faulty or the contract entered has been breached by the offerer or by the marketer. The same applies in the Sale of Goods Act, of Tanzania or the International Sale of the Goods Act[ 33 ], protects the purchasers on redresss in instance of breach of the contract, the purchaser might register a suit for the specific public presentation of the contract. Besides, there is a demand to set the jurisprudence respects to non bringing and in instance of the faulty merchandise when supplied by the marketer.

3.2.2 Besides, consumers are required to be provided with specified points of information about the service supplier.

This was good supported by Professor Bob Clark[ 34 ], when emphasized that there is a demand of the consumers to be provided with information about the service supplier for illustration the full name of the service supplier demand to be known, the geographical reference at which the service supplier is established and the inside informations of the service supplier, including his electronic mail reference, which allow him to be contacted quickly and communicated within a direct and effectual mode. There is besides a demand to include VAT enrollment figure, trade registry figure and specifics of licence or professional enrollment[ 35 ].

3.2.3 The recognition reception.

Apart from the above, there is still a demand for the jurisprudence to qualify on how the marketer is traveling to admit reception of the order to the receiver of the service without undue hold and by electronic agencies[ 36 ].

3.2.4 Choice of the jurisprudence.

Harmonizing to Professor Bob Clark ( Supra ) , he besides talked about the consumer rights. He said that there is a demand of the pick of jurisprudence that made by the parties which shall non hold the consequence of striping the consumer of the protection afforded to him by the compulsory regulations of the jurisprudence of the state in which he has his accustomed abode. He went on to province that could go on due to the undermentioned grounds:

If in that state the decision of the contract was preceded by a specific invitation addressed to him or by advertisement, and he had taken in that state all the stairss necessary on his portion for the decision of the contract or

If the other party or his agent received the consumers order in that state, or

If the contract is for the sale of goods and the consumer travelled from that state to another state and there gave his order, provided that the consumer ‘s journey was arranged by the marketer for the intent of bring oning the consumer to purchase.

3.2.5 Jurisdiction, Court and Tribunal.

Many on-line offers include commissariats associating to challenge colony. For, illustration the offer might include an arbitration clause stipulating that any difference originating under the contract will be arbitrated in a designated forum[ 37 ]. If non good settled the effects of that will render many parties particularly in developing states or less developing states to be denied their rights of accessing justness because of the distance on the topographic point of actioning nevertheless allow the parties decide themselves on the topographic point of actioning[ 38 ].

3.2.6 Exposing the offer.

The Sellerss Web site should include a hypertext nexus to a page incorporating the full contract so that possible purchasers are made cognizant of the footings to which they are acceding. The contract by and large must be displayed online in a clear format such as twelve-point font. All commissariats should be moderately clear[ 39 ].

3.2.7 Indicating besides how the offer can be accepted.

An online offer should besides include some mechanism by which the consumer may accept the offer. For illustration by doing a boxes incorporating the words I agree or I accept the footings of the offer that offeree can snap on to bespeak credence[ 40 ].

3.2.8 The Service Provider Duty.

The service supplier needs to give points of information prior to the decision of the contract, doing it necessary to accommodate a web site to this information demand. The consumer needs to be informed of[ 41 ]:

The proficient stairss necessary to reason the contract

The filing and handiness of the contract

The proficient agencies for placing and rectifying input mistakes prior to the placing of the order

The linguistic communications offered for the decision of the contract

Chapter FOUR

Proposals ON PROMOTING ON-LINE GAMING OR THE USE OF E-MONEY.

4.0 Introduction

This chapter explains the proposals on advancing online gambling and the usage of e-money.

4.1 WHAT IS On-line GAMING?

On-line gambling is a engineering instead than a genre that is a mechanism for linking participants together instead than a peculiar form of game drama[ 42 ]. It is good known that online gambling is played electronically.

4.2. PROPOSALS ON PROMOTING ON-LINE GAMING

4.2.1 Preventing any Outsider Operator

This helps the Government to ease and promoting the inward investing. Inward Investment is the state of affairs of whereby the Government stimulates people to put within a state. The Government here put a jurisprudence which prohibits any gaming operator who is outside the state or outside the member provinces from publicizing chancing activities[ 43 ]. The effect of this is that will open up the market for the people within a state or within a member provinces to put hence companies will be competent.

4.2.2 Minor Prohibition on Bet oning Activities.

There is besides a demand for the Government or the member provinces to curtail all kids below the bulk age that is 18 non to be involved in on-line gambling activities. For illustration in the United Kingdom, it will be an offense for the accredited operator to let a kid who is under the age of bulk to take part on online gambling[ 44 ].

4.2.3 Limit their Gross saless to Local Residents.

There is besides a demand to online gambling licensed operators to restrict their gross revenues to ease the inward investing. This needs to come from the Commission Board. For illustration the lottery of Finland Veikkaus Oy[ 45 ], efforts to curtail its participants to locals by necessitating participants to hold a finish bank history and the web site is wholly in Finnish with the exclusion of one page entitled “ Finnish lottery for Finns ” which explains the background and principle for the gaming set up in Finland[ 46 ]. If it ‘s for member provinces entirely so still can come up with that policy by curtailing gross revenues to member province occupants merely. The effects of this is that it do an confidence to the member provinces and easy to command on-line offenses.

4.2.4 Legal power

Parties from a member provinces or from a state demand to hold a clear proviso which shows that where they should decide or settle the differences one time arise. If it is from the member provinces so the jurisprudence must be certain in instance of differences which state can hear the parties or any member states can entertain the affair and under which tribunal? If it ‘s for one state so which tribunal has the legal power to entertain such affair? But the of import thing here is to allow the parties themselves choose the topographic point of suing because if non the effects will be that many people rights will be denied because of the distance issues and costs of going[ 47 ].

4.2.5 Supplier of Licenses

There is besides a demand to hold a committee which shall guarantee that one of his plant is to publish licence to the companies who want to come to that concern and to unfit the companies if fail to run into certain standards ‘s. For illustration in Britain[ 48 ]there is a proposal that recommends that there is a demand to hold a committee for on-line gaming regulators and provides that online gaming operator seeking a licence from the chancing committee should at the lower limit:

Be registered as a British Company

Locate its waiter in Great Britain and

Use a UK web reference for its gaming site

4.2.6 Game Rules, Footings and Conditionss need to be known by Consumers.

There is a demand to do the consumers aware on the regulations, footings and conditions of online gambling before the gambling to get down. This will do them to be cognizant on what are the effects that are likely to follow[ 49 ].

4.2.7 WHAT IS E-MONEY?

E-Money or electronic money means electronically, including magnetically, stored pecuniary value as represented by a claim on the issuer which is issued on reception of financess for the intent of doing payment minutess and which is accepted by a natural or legal individual other than the electronic money issuer[ 50 ].

4.2.8 PROPOSALS ON PROMOTING THE USE OF E-MONEY

4.2.9 Clear Rules Need to Be Established.

Once the clear regulations established with respect to e-money so many users will be attracted to utilize it and they are traveling to hold faith on that. Having a good religion to the users, need some regulations which are clear and guarantee the protection to the consumer. For illustration, ECB Report[ 51 ], narrated the same that clear regulations should be established on the conditions subject to which e-money might be issued, that e-money issuers should run into a figure of minimal demands, that the interoperability of e-money strategies should bit by bit be enhanced and that equal warrant, insurance or loss-sharing strategies needed to be put in topographic point, taking in peculiar, to protect clients and merchandisers against losingss and to continue their assurance on e-money.

4.2.10 Limit the Issuance of E- Money to Credit Institutions.

Besides, the ECB Report ( Supra ) went on to province that there is a demand to restrict the issue of electronic money to recognition establishments, this would avoid altering the bing institutional scene for pecuniary policy and banking concern. The ECB added that there is a demand to amend the First Banking Directive[ 52 ]to include all issuers of electronic money in the definition of recognition establishment along which receive sedimentation or other repayable financess from the populace and grant recognition for their ain history.

Chapter FIVE

Proposals ON Preventing THE HUB AREA BEING SEEN AS ONE WITHIN WHICH ON-LINE USERS MAY ENGAGE IN P2P FILE SHARING WITH IMPUNITY.

5.0 Introduction

File sharing via the Internet is accomplished through what is called peer-to-peer ( P2P ) networking. It involves legion personal computing machines that are connected to the cyberspace. Files stored in one Personal Computer ( Personal computer ) can be accessed by others who are members of the same web[ 53 ].

5.1 Meaning OF PEER-TO-PEER ( P2P ) .

Peer-to-Peer ( Here in after referred to as P2P ) are the easiest types of Local Area Networking ( LAN ) to put in and keep as there is no cardinal or dedicated waiter. P2P webs allow computing machines to entree files on each other ‘s difficult thrusts, portion peripherals such as pressmans and modems, and portion entree to applications such as electronic mail, all while each Personal computer remains useable as a work station. To implement a P2P web, one demand to make is put in a web runing system, web arrangers, and wiring and link the workstations utilizing an cheap hub[ 54 ].

5.2 WEAKNESSESS OF THE PEER-TO-PEER ( P2P ) .

One failing of the P2P theoretical account is that because all of the computing machines are equal, every user must be an-effective decision maker of the computing machine they use. If a user ‘s workstation locks up or is unwittingly shut down, all other work Stationss wo n’t be able to entree the locked up station[ 55 ].

Besides, because portion of a workstations Central Processing Unit ( CPU ) and memory resources must be devoted to register and peripheral sharing undertakings, workstation public presentation can be degraded[ 56 ].

5.3 PROPOSALS ON PREVENTING THE HUB AREA BEING SEEN AS ONE WITHIN WHICH ON-LINE USERS MAY ENGAGE IN P2P FILE SHARING WITH IMPUNITY.

5.3.1 Access Control

To derive entree a user must be authorized and authenticated. Authentication refers to the ability to cognize that a individual is who he or she claims to be or is the state of affairs of cognizing as to whether the user is recognized to entree the information. However, there is a demand to hold entree control package which designed merely to let authorised individuals to utilize systems or to entree informations utilizing some method of hallmark. Authentication is frequently established by utilizing watchwords known merely to authorized users. An terminal user uses a watchword to log on to a computing machine system and may besides utilize watchwords for accessing specific systems and files[ 57 ].

5.3.2 Encoding

Another proposal that need to be introduced is Encryption. Encoding is the cryptography and scrambling of messages to forestall unauthorised entree to or apprehension of the informations being transmitted. A message can be encrypted by using a secret numerical codification, called an encoding key, so that the informations are transmitted as a scrambled set of characters[ 58 ].

Harmonizing to June Jam rich Parsons[ 59 ], Encryption transforms a message in such a manner that its contents are hidden from unauthorised readers. This is good supported by Prof. Bob Clark[ 60 ]on his talk notes on E-commerce that Encryption is widely used although frequently in a mode which is hidden from the users. In others words, it protects the message to be seen in public.

But June Jam rich Parsons ( Supra ) , went on to province that there is a different types of Encoding that is the strong 1s and the weaker 1s. Harmonizing to him if one wants to hold good bar is better to utilize the best type of encoding is Wi-Fi Protected Access ( WPA2 ) , which uses the same sort of strong encoding required by authorities bureaus and concerns.

5.3.3 Firewalls

Firewalls besides can be used as the bar on the hub country being seen as one within which online users may prosecute in P2P file sharing with impunity. A firewall is hardware or package merchandise that is designed to protect a web from unauthorised entree by outside parties peculiarly via cyberspace. A firewall screens all inbound and outbound traffic harmonizing to a set of regulations that you define[ 61 ].

5.3.4 Figure 1 shows how firewall plants.

Beginning: Kenneth C. Laudon and Jane P. Laudon: Ibid

Firewalls or gateways are the best available protection for a web with outside connexions as all traffic that enters or leaves the web must go through through it and can hence be monitored. Used with good watchword regulations, backup, and anti-virus package, they provide protection from external onslaughts. A tight security policy and a firewall allow system decision makers to guarantee their clients the system is safe[ 62 ].

5.3.5 Intrusion Detection Systems

There is a demand to present Intrusion Detection Systems. It is a certain programme that implemented in the Computer to observe the interlopers. The system generates an dismay if it finds a leery or anomalous event[ 63 ].

5.3.6 Campus License.

This allows certain user groups to entree full databases alternatively of doing users pay per papers they really consult[ 64 ].

5.3.7 System of Levy.

These are already common on the continent. The theory is that if violation can non be controlled, authorities can take money from the infringers before they infringe by taxing clean digital media, peculiarly Cadmiums and difficult thrusts[ 65 ].

5.3.8 Training employees and others about P2P File Sharing Programs.

If one allows the usage of P2P file sharing plans, effectual preparation should show how to curtail thrusts or booklets to restrict what other P2P users can see[ 66 ].