How Law Operates in a Wired Global Society: Cyber and E-Commerce Risk
Prepared for the Korea Legislation Research Institute (KLRI), 2017 Legal Scholar Roundtable, How Law Operates in the Wired Society, Seoul, Korea, 21-22 Sep 2017
28 Pages Posted: 11 Sep 2017 Last revised: 28 Sep 2017
Date Written: September 7, 2017
By now, almost every business has an internet presence, and is likely engaged in e-commerce. What are the major risks perceived by those engaged in e-commerce and electronic payment systems? What potential risks, if they become reality, may cause substantial increases in operating costs or threaten the very survival of the enterprise?
This article discusses the relevant annual report disclosures from eBay (previous parent of PayPal) and Alphabet Inc. (parent of Google), along with other eBay, PayPal, Alphabet and Google documents, as a potentially powerful teaching device. Most of the descriptive language to follow is excerpted directly from eBay’s (PayPal) and Alphabet’s (Google) regulatory filings. My additions in prior scholarly articles about these entities include weaving these disclosure materials into a logical presentation and providing supplemental sources for those who desire a deeper look (usually in my footnotes) at any particular aspect. I’ve sought to present a roadmap with these materials that shows eBay’s and Google’s struggle to optimize their business performance while navigating through a complicated maze of regulatory compliance concerns and issues involving governmental jurisdictions throughout the world. International cyber crime and risk issues follow, with an examination of anti-money laundering, counter-terrorist, and other potential illegal activity laws.
The value proposition offered here is disarmingly simple -- at no out-of-pocket cost, the reader has an opportunity to invest probably just a few hours to read and reflect upon the eBay (PayPal) and Alphabet Inc. (Google) multiple-million-dollar research, investment and documentation of perceived e-commerce, cyber, IT, and electronic payment system risks. Hopefully, this will prove of value to those either interested in the rapidly changing dynamics of (1) electronic payment systems, (2) those engaged in Internet site operations, or (3) those engaged in fighting cyber crime activities.
Keywords: Alphabet, AML, commercial law, computer crime, consumer protection, corporate governance, cyber terrorism, eBay, e-commerce, disclosure, electronic payments, entrepreneurship, Google, law and technology, mobile payment systems, money transmitter laws, PayPal, risk, securities reg.
JEL Classification: A10, B25, C99, D12, D23, D44, D63, E40, K11, L82, L83, L86, M30, O34, P50
Suggested Citation: Suggested Citation