• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.155-219
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• 2004

This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

• Proceedings of the Korea Information Processing Society Conference
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• 2018.10a
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• pp.235-237
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• 2018

The Internet has allowed many things to move fast, including sharing of data, files and others within a second. Many domains use applications range from IoT, smart cities, healthcare, and organizations to share the data when necessary. However, there are some challenges faced by existing systems that works on centralized nature. Such challenges are data breach, trustiness issue, unauthorized access and data fraud. Therefore in this work, we focus on using a smart contract which is used by blockchain platform and works on decentralized form. Furthermore, in this work our contract provides an access to the file uploaded onto the decentralized storage such as IPFS. By leveraging smart contract-role based which consist of a contract owner who can manage the users when access the certain resources such as a file and as well as use of decentralized storage to avoid single point of failure and censorship over secure communication channel. We checked the gas cost of the smart contract since most of contracts tends to be a high cost.

• Journal of Korea Society of Digital Industry and Information Management
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• v.14 no.4
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• pp.219-228
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• 2018

The utilization of NFC has been continuously increasing due to the spread of smart phones and the development of short-range wireless communication networks. However, it has been suggested that stability and security of convenient NFC short-range wireless communications can be unstable and problematic. The unstable causes for NFC are the lack of security technologies for NFC, the controversy about personal information infringement, and the lack of social awareness on security breach against data settlement. NFC service can be conveniently used by simply touching other NFC devices and NFC tags through the NFC device. This thesis analyzes that NFC authentication technology, which is convenient for user are one of the unstable causes of security of NFC. This thesis suggest that ministry should research countermeasures and promote how users can use NFC safely. It also suggests that users should have awareness when they use payment and authentication service through NFC to prevent from security threat.

• International Commerce and Information Review
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• v.11 no.1
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• pp.45-66
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• 2009

Licensing of information is the standard of the computer information business today. The huge bulk of vendors license their computer information products. The Uniform Computer Information Transactions Act(UCITA), therefore, does not originate licensing contracts. UCITA was developed to provide basic, recognizable default rules for the existing licensing activity that goes on and expands as commerce in computer information expands. UCITA's rules govern licensing of contracts for computer information from formation through performance, including remedies if there is a breach of contract. Included in UCITA are rules for warranties, both implied and express, and rules pertaining to risk of loss in a computer information transaction. Most of the rules in UCITA are the traditional and familiar rules of contract from the law of sales and from the common law, but adapted to the special nature of computer information licensing contracts. Freedom of contract is a dominating underlying policy for UCITA, exactly as that principle is the foundation for the law of commercial transactions, generally, and exactly as that law has served all commercial transactions in the United States and has contributed to the economic growth and health of the United States.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.257-281
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• 2011

The duty of utmost good faith is found in sections 17-20 of MIA 1906. Critics of the current legal regime on the pre-contractual duty from the viewpoint of the assured, have been concentrated on two points in particular. First, the scope of the duty is so wide that it imposes too high burden on the assured. The second criticism is directed at the remedy, prescribed by the MIA 1906, s.17, against breach of the duty. This article intends to analyse the legal implications of proposals in CP 2007 for reforming pre-contractual duty of utmost good faith of business assured in English insurance contracts law and the problems of proposals. The Law Commissions are proposing four fundamental changes to meet the long-standing criticism and the results of analysis are as following. First, the Law Commissions are proposing a change in the test of constructive knowledge in relation to the duty of disclosure so that a business assured will be obliged to disclose facts which he knows or a reasonable ought to know in the circumstances. Secondly, deviating from the current legal position, the Law Commissions are proposing that if a business assured has made a misrepresentation, but the assured honestly and reasonably believe what it said to be true, the insurer should not have any remedy due to the misrepresentation. The proposal is designed to protect the reasonable expectations of business assured at the pre-contractual stage. Thirdly, the Law Commissions are proposing to change the test for materiality by replacing the "prudent insurer" test by a "reasonable assured" test. The proposed test would focus on the question of what a reasonable assured in the circumstances would think what is relevant to the judgment of the insurer. Finally, the Law Commissions are proposing flexible remedies in case of the breach of the duty. The Law Commissions are proposing no remedy when an assured is acting honestly and reasonably, while avoidance in case of dishonesty. On the other hand, The Law Commissions seem to have an intention to introduce a compensatory remedy in case of negligent breach of the duty.

• Journal of information and communication convergence engineering
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• v.21 no.1
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• pp.32-44
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• 2023

Information security breach is a major risk in e-learning. This study presents the potential information security disruptions in Learning Management Systems (LMS) from the perspective of users. We use the Technology Acceptance Model approach as a user perception model of information security, and the results of a questionnaire comprising 44 questions for instructors and students across Indonesia to verify the model. The results of the data analysis and model testing reveals that lecturers and students perceive the level of information security in the LMS differently. In general, the information security aspects of LMSs affect the perceptions of trust of student users, whereas such a correlation is not found among lecturers. In addition, lecturers perceive information security aspect on Moodle is and Google Classroom differently. Based on this finding, we recommend that institutions make more intense efforts to increase awareness of information security and to run different information security programs.

• International Commerce and Information Review
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• v.12 no.3
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• pp.79-98
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• 2010

The National Conference of Commissioners on Uniform State Laws promulgated the Uniform Computer Information Transactions Act (UCITA) in 1999. In 2000 and 2002, this Act was also Amended. UCITA provides a comprehensive set of rules for licensing computer information, whether computer software or other clearly identified forms of computer information. Computerized databases and computerized music are other examples of computer information that would be subject to UCITA. It would also govern access contracts to sites containing computer information, whether on or off the Internet. UCITA would not govern contracts, even though they may be licensing contracts, for the traditional distribution of movies, books, periodicals, newspapers, or the like. Part 8 of UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, 808 of UCITA recognizes the focus in a license context for a licensor's remedy should properly be on recovery for benefit conferred or for lost profit, rather than on damage measurement by a substitute transaction, where the license is non-exclusive so additional transactions are permitted and there is very little cost in reproduction of the information and its redistribution. Section 816 of UCITA also contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.40 no.8
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• pp.1577-1587
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• 2015

Privacy of financial customers is becoming important due to frequent leakage of personal information. Financial customers, who experience the leakage of personal information, feel threatened by their privacy and this changes customer's awareness about financial institutions or behavioral intentions. By examining the influence relation of personal information security vulnerability of the bank information system with usefulness, trust and attractiveness perceived by bank customers, this study aims to analyze the effect of each variable on bank customers' willingness to stay.

• Proceedings of the Korea Association of Information Systems Conference
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• 2000.05a
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• pp.171-175
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• 2000

The firewall is normally an intermediate system between the secure internal networks and the less secure external networks. It is intended to keep corporate systems safe from intruders, hackers, and accidental entry into the corporate system. The primary types of firewalls are screening routers, proxy servers, and stateful inspectors. Encryption is another form of firewall protection which is being incorporated along with other firewall methods. Before choosing a firewall architecture, a company must have the right mind set about the threat. The future will see more integration of firewall technologies and the increased use of standards in the industry. It must also determine what are the possible consequences of a breach in security and then develop a system to counter the threat. Additionally, new firewall technologies will address the potential dangers associated with the use of Java applets and Active X-controls on the Internet.

• International Journal of Computer Science & Network Security
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• v.21 no.12
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• pp.143-148
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• 2021

The article considers the training of specialists in education in the conditions of distance learning. It is lights up the advantages of distance learning and determined the characteristic features of distance learning of students training in the implementation of these technologies in the educational process. The article focuses on the main aspects of computerization of studies as a technological breach in methodology, organization and practical realization of educational process and informative culture of a teacher. Information technologies are intensive involved in life of humanity, educational process of schools and higher educational establishments. Intercommunication is examined between the processes of informatization of the society and education.