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OPEN GOVERNANCE: The Case For Unregulated E-Commerce

Abstract

Businesses and consumers alike face a problem of trust when making electronic payments over the Internet. The legal profession has so far failed to provide an answer to this problem largely due to the capability the Internet offers for instant advertising and selling products across legal jurisdictions. The UK is recognised as a key growth area for E-commerce yet the UK government have recently reduced the draft Electronic Communications bill, the ‘E-commerce bill’, from over 100 pages to around 6 (limited to tackling digital signatures). Is the UK moving to a model of selfregulation similar to that adopted in the US, or a temporary postponement designed to allow an infant industry to develop unrestricted. This article promotes an open self-regulating system structured around consumer choice and the establishment of ‘virtual legal zones’ through the mutual understanding of flexible guidelines, at least until sufficient case law can be developed.

Martin Wilcock

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