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E L E C T R O N I C   C O M M E R C E :   V E R S I O N  2.0

Congratulations to the Fall 2001 class for an excellent semester. eCommerce will return next year.

 

Technology for the Digital Lawyer I:
The Importance of History
[ Tuesday, September 4, 2001]

While everyone is generally aware of WHAT the Internet is, relatively few people spend much time learning about how the Internet works, and why. Yet the legal environment for electronic commerce is very much shaped by the technologies that underlie the net. Accordingly, while eCommerce lawyers are unlikely to be considered expert technolgists, the influence of the technology (and the fondness of those in the field to talk about it) require at least a working knowledge of Internet technologies.

 

R E A D I N G S

 

Of Myths and Missions: A Technological History of the 'Net

The common fable of the Internet holds that the "packet-switching" that is the foundation of the 'net's technology was envisioned as a method of connecting widely distributed defense-related computer installations via links that could easily and quickly be rerouted or changed in the event of nuclear war. The reality, however, is somewhat different. As you read the following historical accounts of the "founding" of the Internet, consider why the 'net was created. What were the long-term goals? Did the founders envision anything like the Internet of today?

The Implications of History

Many of the most important decisions (in terms of features that have legal or business implications) were made right at the outset. What were they? Why are they important? Can you think of the legal-political-commercial implications of these historical design choices?

 

N O T E S  &   Q U E S T I O N S

1. Foundational Concepts. What would you describe as the most important feature of the Internet? In doing so, note this set of basic concepts that was "built in" to the Internet:

  1. Each network (i.e., set of computers) linked to the net would be independently managed and configured -- as long as it communicated properly with the net, it was allowed on the net.

  2. Communications would be on a best effort basis. If a packet didn't make it to the final destination, it would shortly be retransmitted from the source.

  3. Black boxes would be used to connect the networks; these would later be called "gateways and routers". There would be no information retained by the gateways about the individual flows of packets passing through them, thereby keeping them simple and avoiding complicated adaptation and recovery from various failure modes.

  4. There would be no global control at the operations level.

Why are each of these choices important for electronic commerce? Do they have legal implications? Commercial implications? Can they now be changed?

2. Who Owns the Internet? As we will see later in the course, the concept of "property" on the Internet (and thus in eCommerce) is more difficult than it might seem. At least part of the problem might be viewed as confusion over the origins of the 'net. Looking from this perspective, consider if there is any person or institution that might be said to have "built" the Internet Is it fair to say that such efforts result in some form of property rights? Over time, the character of the effort to develop the 'net changed -- most obviously from an academic project to commercialization. How did this change impact the way people viewed "property" on the 'net? What about "control" -- does control follow ownership online?

3. Commercialization. How did the Internet shift from a primarily academic research project to the commercial medium of today? Was this a planned shift, or did it just happen?

4. Reflection. Considering what we know now about the disputes regarding the Internet and eCommerce, do you think the founders might have done anything differently? What? Why do you think it is important to understand how the Internet came to be?





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C O P Y R I G H T   ©   2001   R.   P O L K   W A G N E R.