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E-Commerce in order to survive. Large multinational corporations have their own data systems in place through Internet websites and are dictating individual data exchange mecha- nisms with their customers and suppliers. This type of competition with EDI should foster the proper environment necessary to create new and uniform data exchange systems capable of use and acceptance by companies at all levels of capitalization. Legal Issues Related to Business-to-Business E-Commerce As with paper documentation, electronic contracting gives rise to legal rights and duties. Transitioning business-to-business commerce to e-commerce requires apply- ing traditional procedures for creating binding agreements, establishing assured payment mechanisms and settling dis- putes to Internet transactions. Evidence of electronic transactions must be made suf- ficiently reliable to prove the making of and the contents of the contracts. The goal today is to put electronic transactions on the same legal level of acceptability and uniformity as paper transactions. In order to achieve this goal, three critical issues must be evaluated before transacting mar- itime business via e-commerce: security of the transaction, negotiability of the terms, and choice of governing law. Business-to-business e-commerce raises multiple security issues for the maritime industry. For example, how will parties ensure that the bill of lading or purchase order has not been tampered with during transmission from the buyer to the seller? Authentication and validation of electron- ic documentation is a major concern for any industry conducting business over the Internet. With EDI, the parties only have the transmitted document from the trans- feror without any assurance as to authen- ticity or lack of alteration. The advent of digital signatures, with the use of public and private keys, to pass secure messages through a trusted third party, or certifica- tion authority, will soon become the norm to ensure security and promote confidence in electronic transactions. The CMI already incorporated the use of digital sig- natures into its model electronic bill of lading rules. In addition to security issues arising in e-commerce transactions, there is the con- cern of negotiability. E-commerce trans- actions have rendered purchases and sales more automated and there are concerns that purchasers are losing negotiating power. With electronic contracts exchanged between the parties, the meth- ods of acceptance and rejection have changed. Today sellers are providing con- tracts to buyers with non-negotiable terms, and there is no longer a battle of the forms issue. Acceptance may be construed from the moment the buyer places the order and the legal recourse available to the buyer is in many cases already dictated in the pur- IkJ www.vanhallhealth.com Are you paying too much for medical bills? Circle 354 on Reader Service Card • Construction complies with United States Navy and Coast Guard Specifications. • Core consists of closed-cell, resilient, energy absorbing foam, covered with a protective, seamless polyurethane elastomer skin. Filament nylon tire cord reinforcement is continously wound in the skin for added strength and durability. Will not mark or scratch vessel hulls. • Constructed with integral swivel end fittings, internally connected with a heavy duty chain. • Easy to install with very little maintenance. • Light weight and extremely buoyant with a lower reaction force than either hard rubber or pneumatic fenders. (Almost 40% higher energy absorption than pneumatic fenders.) URETHANE PRODUCTS CORPORATION (800) 913-0062 9076 Rosecrans Avenue Bellflower, CA 90706 Phone (562) 630-4982 • Fax (562) 630-6974 Stocking Distributors: Waterman Supply Company 910 Mahar, Wilmington, CA 90744, U.S.A. 1-800-322-3131 Tel (310) 522-9698 • Fax (310) 522-1043 Anchor Marine & Industrial Supply, Inc. 6545 Lindbergh, Houston, TX 77087, U.S.A. 1-800-233-8014 Tel (713) 644-1183 • Fax (713) 644-1185 Foam Filled Marine Fenders Marine Guard " The Ultimate Protector for Ships, Harbor Craft, Wharves & Piers. November, 2000 Circle 352 on Reader Service Card 13
