《电子商务英语论文》.doc
电子商务论文
——The protection of Internet privacy online
The protection of Internet privacy online
Abstract (Summary)
With the development of the E-commerce, the security of E-commerce is becoming the key problem in the E-commerce. How to protect the consumers’ privacy also needs us thinking about. This article introduces several ways to violate the citizens’ privacy and the several ways to protect the personal information. The government, the consumers themselves and the recent technology could take action to protect the personal information. The National People’s Congress should protect the network privacy through legislation; individual users should enhance the protection of privacy awareness; the technical instrument, including the information security technology in electronic commerce and the security agreement of the E-commerce information, should be used to protect consumers’ privacy. So if they take the effective measures to jointly create a healthy environment for the development of e-commerce, it can provide a good protection for our long-term stable development of the e-commerce industry.
Key words: E-commerce Privacy Rights P2P technology Network privacy protection Internet service providers the National People’s Congress
The problem of the consumers’ privacy
The organization obtain consumer’s personal information from the two way ,Web sites can collect personal consumer information in two different ways: overtly, through means such as registration pages, user surveys, online contests, application forms, and order forms, and clandestinely, through, for instance, a technology known as cookies. It is this second type of information collection in particular (as well as the astounding speed and efficiency with which sites can collect, store, aggregate, and disseminate personal information) that causes consumers wariness of online transaction and exploration. Consumers are less trusting of how online service providers and merchants handle personal information than they are with how traditional non-Internet based businesses (such as hospitals and banks) handle the same information. There are commercial company, E-commerce service provider, Internet service provider and personal invasion to use the personal information for benefits.
The first, the commercial company
As the emerging electronic marketplace increases in popularity, technology is developing to ensure increasing flexibility with Internet transactions. The development of this marketplace offers decentralized economic power, convenient low-priced access to products, and for those previously without a storefront or roadside stand, a newfound opportunity to offer products or services to potentially everyone in China.
Although commercial web sites offer consumers useful product and service information, they also can, and do, collect personal information about the consumers who visit their sites. It is almost as if, in exchange for providing the information, product, or service to those interested enough to seek it out, companies collect information about those who do choose to utilize it.
Companies are interested in collecting this online information because once analyzed, the data offers consumer research information at a level of granularity never before available. For example, if information providers can gather information as to the number of visitors who visit their Internet web site or the frequency with which they view the information, these information providers can make accurate programming decisions as to what content should continue to be offered, expanded, or removed. Similarly, if a merchant finds that product A sells better than product B through its web site, the company may want to discontinue offering product B and offer a product similar to product A instead.
In fact, each time a user clicks her mouse while on a web site, the potential exists for the company to record the location of her click and thus to collect information about her online behavior-where she goes, what she buys, when she buys, and how frequently she buys. Merchants want this granular information because of its consumer market research value. For example, one could surmise much from a visitor to a web site who spends most of the time in the shopping area. This individual is likely to be a woman, as the majority of figure shopping fans are women. From the visitors perspective, receiving promotions or information about shopping would be a good thing and certainly better than receiving information about those products in which she has little or no interest. Clearly, the Internets ability to collect such information allows for increasingly accurate and personally targeted marketing.
Concerns for privacy are heightened when consumers feel uninformed about who is collecting their personal information, how companies obtain their information, or for what purposes the information is used. Such negative feelings may motivate consumers to avert risks associated with divulging personal information to marketers. The stronger an individuals concerns are about marketers information collection practices, the more likely the individual is to adopt risk-reducing behaviors.
The Internets great promise of granular information, however, is also its great risk. As people begin to understand the medium and its information collection potential, alarm bells are ringing, not simply because of the amount of information being collected, but also because of concerns that companies are not considering consumers privacy needs when using or disclosing this granular personal information.
The second, E-commerce service provider
The E-commerce service provider use the same way to get the consumers’ personal information. However, they make use of it for different purpose. The company will analyze the information in order to produce their product to more consumer, and according to the consumers’ demand, the firm could meet the consumers’ demand. So they could make a large profit. The E-commerce service provider offers a convenient way to trade for enterprises and users. As business and personal information need to be registered, Electronic commerce services that use of the collection, storage of information about users pay for the illegal profit, which violates the users privacy.
The third, Internet service provider
Internet service provider collects the information about the users illegally, such as using cookies to monitor the users network records , network administrator to monitor the monitor users’ activity and information; Internet service providers will collect, store and process data to others in order to make money; Internet service providers come into the private space without the users’ permission, such as customers e-mail transferred or closed, resulting in loss of customers’ e-mail, privacy, and secrets.
the last, Personal invasion
Due to the lack of understanding of the e-commerce system, individuals would violate the network users’ privacy. Individuals spread and transfer the privacy between ourselves and others without permission. Individuals access to personal computer system to collect personal information and harass others. Individuals open others’ e-mail or access to private areas without permission. All are very harmful to the Internet users and consumers, which brings a lot of trouble to them.
Electronic commerce is based on the internet for business, the characteristic of Internet results in the occur of the privacy violations. This has an effect to the further development of e-commerce. In the e-commerce environment, because of the network’s global, fast and other characteristics, this determines the net work infringement would affect a large rage and more fast. Specifically, we should take action to the invasion of the consumers’ privacy.
The way to protecting the consumers’ privacy
The technical instrument
The technical instrument, including the information security technology in electronic commerce and the security agreement of the E-commerce information, should be used to protect consumers’ privacy.
The information security technology depends largely on the improvement of these technologies, these technologies including firewall technology, encryption technology, digital signature technology, P2P technology. Firewall technology is used to strengthen the network of the question, control and prevent external Internet users to enter the internal network illegally. Encryption technology could meet the information integrity and is a kind of active safety preventive strategy. Digital signature technology has a particularly important place in E-commerce security system and is used to the source identification, the integrity of the services. P2P technology is able to provide better privacy protection, and has the characteristics of such integrity. P2P is a distributed network, each node has the rights and obligations are reciprocal.
The E-commerce information security depends largely on the security agreement of the E-commerce information; including secure sockets layer protocol, secure electronic transaction announcement, secure hypertext transfer protocol, secure transaction technology agreement and UN/EDIFACT standard. The secure sockets layer protocol is mainly used to improve the application of the data’s safety factor. The secure electronic transaction announcement has become the industry standard for global network, it is based on the electronic payment system and used for online trading. The secure hypertext transfer protocol provides integrity, non-repudiation, confidentiality and other security measures to the Internet. Relying on the encryption key, it ensures the web site to exchange information safety. The secure transaction technology agreement could divide the certification and leave the browser to enhance the security control. The UN/EDIFACT is the only international standard for electronic commerce.
The view of the industry
I sincerely hope industry steps up to the plate, first. But, if it doesnt we will have to consider all the options we have for protecting the consumer. Everyone participating in this dynamic interactive medium must come together to address these privacy concerns. To do so effectively, they must adopt privacy as a core business value and post a clear, easy to understand privacy policy online that reflects the fair information practices that the various government agencies and the Alliance have put forth. Those in the industry must signal their commitment to consumer Internet privacy by incorporating compliance or enforcement measures into their operations and reflect that fact in their posted privacy policy. If they fail to do this quickly and effectively, government will step in to fill the void. The industry will have lost its chance to prove to the government that it can, indeed, act responsibly with the powers inherent in this new interactive medium-something it has asserted it can do, ever since the Communications Decency Act was enacted, and something it has fought for ever since.
The view of the law
1, The National People’s Congress should protect the network privacy through legislation. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The National People’s Congress should keep pace with advancing technology. So with the development of the network technology, the National People’s Congress should pay more and more attention to the network privacy. E-commerce networks in the special legal protection of privacy have become the trend of international legislation. In the late 20 century of the United States, they formulated a series of privacy laws and regulations, such as the federal electronic communications privacy act, and children’s online privacy protection act. Currently, the US is working to develop a national E-commerce for the electronic privacy laws. The European Union has done more good in the Internet Privacy Protection Act, and published the “EU Privacy Directive”, “E-person data protection” and so on. Hong Kong special administrative region and Taiwan also issue the “personal data (privacy) ordinance”, “computer processing of personal data protection law”. At present, no separate legislation on privacy has been exited, not even the concept of judicial interpretation of the privacy. The privacy protection, especially in the internet and E-commerce privacy protection, is a new proposition in China. In addition to the ministry of information industry in November 2000 about the “Internet electronic bulletin service management requirements” and some related legal provisions in some of the scattered, in our present legal system, there is no specific privacy law to regulate the network. Our country should conform to international legislation to protect the privacy and draw up the special protection of Internet privacy laws.
2, our government should strengthen the network of international cooperation in privacy protection. To the effective protection of privacy on the internet, relying on the only country is difficult to complete, we must strengthen international cooperation in online privacy protection. As a result of solid national habits, living standards and legal cultural differences, countries have greater privacy protection policy differences. Therefore, all the country , through consultations and advice , obtain consistent standard for international cooperation and mutual support and lay a good foundation for the international network of privacy protection legislation, this will not only help promote our country ‘s online privacy protection legislation, but also greatly facilitate the possible future of international justice network privacy of operation. The Network for privacy protection legislation of our country, will not only consider Chinas basic national conditions, but also pay close attention to international legislative developments, to learn valuable national legislative experience, to balance various interests, and we must fully respect personal privacy, but also help to promote the healthy development of Internet privacy.
3, we should establish the third-party monitoring mechanism. With the impact of the Internet in society more widely and deeply, for the considerations of personal information collection and privacy protection, the specialized third-party privacy supervising agencies should be set up, and the network information should be managed effectively to protect the privacy of e-business environment. This agency should be proficient in the composition of the network and the law, specifically on matters related to Internet privacy management. Its business scope includes: supervision to protect users’ privacy, receive customer complaints, dealing with Internet privacy disputes, and obliges the infringer to stop infringement, compensate for the losses, to assist the court, prosecutors and forensic investigation. The establishment of third-party monitoring mechanism will be conducive to the protection of network privacy.
The concept of consciousness
1. Individual users should enhance the protection of privacy awareness. Currently, most Internet users are still unfamiliar with the concept of users’ privacy, and the concept of individuals’ privacy is still very weak, so the personal self-protection awareness of the privacy is even more exile. The most constructive source of personal information is the users own. So e-commerce users’ privacy self-protection should be strengthened, and they should take effective measures to prevent the loss of personal data.
2. The company should strengthen the concept of network privacy protection. In addition to developing the legal system, the healthy development of e-commerce also need moral standards. At present, lacking legal regulation of Internet privacy case, Industry self-regulation is an effective way to protect the personal information. In terms of the privacy on the Internet, its criteria for industry self-regulation is that the e-commerce businesses should follow some guidelines when they collect or use personal information of clients. If the e-commerce companies can abide the rules self-consciously, then the customers personal information is difficult to lose from other way, so the personal information can get better protection. Because the e-commerce companies are lacking the integrity awareness, they are easier for the immediate interests to give up the long-term interests, and industry self-regulations are not backed by the country force masterpiece. Thus, industry self-regulation model can not replace the legislation system; it could only be used as a secondary to protect the clients’ privacy.
3. The network service providers and e-commerce service providers should strengthen the help of protecting the network privacy of the users. Internet service providers and e-commerce service providers should be responsibility for the protection of customer s’ privacy, including: (1) when the users apply for or use the service, they should be informed the use of the Internet may bring harm to the rights of the individuals and informed that the client can legally use technical methods to reduce risk. They could take appropriate steps to protect the individual rights, in particular, to ensure data consistency and secrecy, and network and network-based services provided by the physical and logical security. (2) Internet service providers and e-commerce service providers should set in the web privacy policy statement section to show the full attention of the user s’ privacy, and state something about protecting the privacy include the following: no illegal collection, disclosure, use , dissemination of personal information commitments; the collection and the possibility of transferring the information in particular case; network operators and e-commerce service providers should inform the users before using their personal information; users should have the access and the right to correct false information and procedures; when users’ rights are violated, they should have the way to save; personal information security protection measures; network operators and e-commerce service providers should provide the most convenient way to contact, and the link with the privacy policy statement.
Conclusion
With the rapid development of network technology and the wide application of e-commerce, e-commerce environment and network privacy issue have become the focus of the social concern. Privacy, as a fundamental right of citizens, should be an integral part of the independent personality right. The imperfect legal protection of privacy led to the defects of the network privacy protection, and results in a problem that citizens seek judicial protection when their privacy right has been violated in the network. There are two reasons for the effective protection of privacy in the Internet, one is that it is the basic human rights of the consumers; on the other hand, it has become an important market for the
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