This article covers the legal issues in electronic business telecommunication with all the conflicting values in it. It is really essential to know the basic structure of the electronic communication laws that are very basic in each country. There are certain general laws that a business organization should consider before engaging in electronic business communication. Also, you will able to know that how changes in the local internet laws influence this communication.
Legal issues in electronic business telecommunication
Almost all business organizations use various electronic business communication methods to improve their customer relationship, efficiency of the company, increasing company’s profit, competitiveness and speed of the company. However, each business organization should follow certain directives and laws issued by the concerned governmental bodies to eliminate legal issues. Electronic business communication laws and directives are issued as a mean to protect both the companies and the clients from cheating and malpractice. These arise several issues including the timely modification of the existing laws and the new law construction to make sure the continued protection of business transactions and communications.
People who do online business communication, very well know that there are several different external factors that are contributing to these legal complexities. First of all, with the development of electronic communication resources, new laws are being introduced for addressing business communication issues. Websites, electronic personal records, electronic consultations, social networking websites, email, SMS, messages, chat etc are some of the sources used by business organizations to communicate with public. All of these communication resources has special legal framework administrating the operation of such mediums. Second problem with electronic business telecommunication is that, electronic communication medium is crossing local as well as international boundaries. Because of this, most of these resources are subjected to several different regulations and laws. However, business communication laws differ from country to country. In a nutshell, electronic business communication is facing two different basic issues: rapid evolution of new Internet communication laws and changes in the international e-marketing and communication laws.
UK government implemented a Privacy and electronic communications regulation law on 11th December 2003. The law is proposed to protect the confidentiality of communications. The law is implemented with a set of terms and conditions on the utilization of how subscriber directories are to be employed, subscriber data, location and traffic. The law is even applicable for “website cookies” that are used to track the visitor records. The law forced the website owners to rewrite privacy policy. Another bad news for business organizations under this law is that, the company email positions are very unclear. The rules are only applicable to personal e-communications network subscribers. This law is creating big headache for marketing managers because they are not able to decide whether a communication message to a named individual at a specific firm is caught by the subscriber individually as a part of these new laws and regulations. The government as well as the judiciary understood the potentiality of public e-communication networks. That is why this rule is only applicable to individual subscribers. Legal courts normally will end up in a conclusion that even if a person take an email address using the company email system, it is categorized under individual subscriber to a public business electronic communication network.
How can business communication department manage this law?
Using Kant’s philosophical approach company managers can skip this issue intelligently. There are three simple and easy ways a company can use under this law. The first way is by doing business to that individual’s similar services and products only. The second idea is to give the recipient a free refusal charge for the further use of the email address. The third way is to give the details of the recipient in the course of negotiations or sales only. However, this method is only applicable for email business communication. Government also produced new and innovated law for SMS, video communication and so on.
Is it possible to find new ways to get rid of new telecommunication laws?
The phrase “power of electronic telecommunication” is actually a cliché. However, the countless repetition of the phrase does not devalue the actual meaning of the phrase. Electronic telecommunication requires new or modification of existing laws. Updating telecommunication laws in a regular interval will certainly strengthen the business as well as the customer base associated with e-commerce and marketing. Advancement in the field of internet and electronic media helped people to wide variety of communication resources through different mediums. New and innovated programs and solutions are emerging day by day, and this made it difficult for governmental authorities to address all these mediums with a single law. Another obvious issue is that now days it is possible to send and receive communication in different forms such as text, picture and video. Authorities should update telecommunication laws considering the fast evolution of these mediums.
Business organizations use all these available electronic telecommunication resources to develop their customer base and profit. All these mass exposures are vulnerable to possible legal issues in different ways. One cannot escape from legal procedures just because he doesn’t know the law. Business organizations should update their website legal form in a regular interval by evaluating both the local and international legal modifications. This way they can ensure that they are not infringing the laws both nationally and internationally. While considering some telecommunication cases, legal courts find it difficult to judge it because of lack of cyber and communication laws. New innovations in this field are actually dilemma for jurisdiction.
What exactly are the potential legal issues faced by both business organizations and customers?
It is really essential to know the basic structure of the electronic communication laws that are very basic in each country. All communication methods and resources are bound to certain laws and regulations. However, misunderstanding as well as legal procedures are becoming so common these days, actions should be taken both by the communicator and the receiver in order to get rid of legal issues. Business organizations that use electronic mediums for communication should renew their communication policies and privacy matters according to the new amendments. Unauthorized access to private information and stored communications is prohibited in several countries by law. In addition to these issues, law also prohibits the commercial communicator to disclose or monitor the contents of stored communications. Business organizations should consult with legal agencies before making their own policies for business communication. However, under restricted condition, business organizations are allowed to collect, reuse, and disclose billing information or mailing address. The law will have a slight change from one country to another.
There are certain general laws that a business organization should consider before engaging in electronic business communication. All electronic communication addresses or resources are not allowed to use other than business communication. However, these organizations are allowed to use this communication resource to invite a customer for company oriented programs including lunch, dinner or party. Abuse of any telecommunication policy proposed by each government is strong enough to take legal actions and that may even end up in the closing of the company. Customers enjoy several different benefits from the constitution. Business communications receivers are free to contact or can take legal actions against a company that violates the telecommunication law.
In addressing questions of both the influence of rapid changes in the local internet laws and changes in the international e-marketing laws, local law makers and international policymakers have emphasized long-standing principles. Long-standing principles are always questioned by the rapid changes in the field of electronic industry. Authorities treat different electronic business telecommunication resource under same branch of law known as cyber crime. Customer or user may find small changes from nation to nation. However, all these small changes are just because of the political or demographic changes.
Moral and legal conclusion
Both rapid evolution of new internet communication laws and changes in the international e-marketing laws create jurisdictional difficulties. Problems that are provoked as a result of international e-marketing communication laws are not new to the legal world. It is actually difficult for any national jurisdictional system to make a shift and limits between national and international boundaries. International law infringement consumes time and requires more help from the other side to collect required evidences to run the case. At the same time there is no international authority to control such cases. Cyber crime both through communication or through other internet facilities are increasing day by day and governmental authorities are forced to make mutual treaties to address these issues. Another difficulty in this matter is the practical and financial limitations of a country. Another potential issue with international cyber communication law is not only the lack of jurisdiction but the difficult to find solid evidence. Several times, local police failed to provide required evidences in front of the court for further procedures. There are several cases that miss data and time sequences. Some police evidences and documents fail to provide entire conversations between two parties. These kinds of cases are always vulnerable to malpractices. Some courts even don’t consider these missing data documents as solid evidence. Court always put missing data documents under the category of “framed evidences”.
As a moral conclusion, new laws are being proposed as a mean to protect both the communicator and the receiver; more strategies are expected to support regional as well as international law harmonization and productive extradition arrangements. Mutual treaties between different nations will help to improve the process more clearly and will help business organizations to make more business abroad.
Legally, Law experts in telecommunication field suggest making strong national or local cyber communication laws to prevent both domestic and international business communication abuse. They are expecting more changes to increase the power of investigation agencies to ensure the rights of customers. However, it is really difficult for the companies to make required changes in their privacy policy in accord to the new amendments; they should understand that this is the only way to tackle potential abuse of cyber communication methods. More protective laws will certainly bring more trust to the business and communication procedures. It is also the duty of these companies to spread the news of protection while doing electronic communications and campaigns. When it comes to electronic communication laws, governments cannot underestimate the terrorist threat. Communication industry is demanding more and more protection laws to cover vulnerable programs and process. Electronic business communication is a never ending marketing resource. Adequate laws are required to protect the business as well as the customers and users.
Resources:
1. Stock C. (2012). Legal Issues with E-Business. 24 April 2012. Retrieved from web. http://christenstock.hubpages.com/hub/Legal-Issues-with-E-Business
2. Cyber Law (2012). What is cyber law? 24 April 2012. Retrieved from web. http://www.kedah.edu.my/sahc/a_portal/portal_tekvok/ict/nota_ict_n_soceity/Microsoft%20Word%20-%20les14.pdf
3. Intellectual Property Laws. 24 April 2012. Retrieved from web. http://www.legalserviceindia.com/cyber/cyber.htm
4. Hartamas S. (2010). Information and Communication Technology. 8 February 2010. Retrieved from web. http://ictsmksh.blogspot.pt/2010/02/computer-ethics.html
