Question 1
Discuss any liability faced by the internet service provider (ISP) in cases where defamatory or other offensive statements are made on the internet.Question 2
Discuss the validity of online transactions, and the related issues that arise in transacting business over the internet.Answer 1
This is an area of controversy. It is likely that the ISP will be obligated to disclose the identity of users that are accused of defamation or other internet offences. A proposal in Bill C-11 would insulate ISPs from liability, but it would require them to disclose the users' identities.Answer 2
Students should point out that online transactions often involve contracts, and that the online environment does not undermine their validity. The elements required for a valid contract remain, although certain additional issues are raised. Offers accepted by email or through a website will be effective as long as the usual requirements are present. Good students will note that clicking "I Accept" (or the equivalent) can constitute valid acceptance. Buyers are well advised to ensure that they carefully review licence terms (and other provisions) prior to acceptance (as with any contract). Students should also point out that capacity issues are heightened in an online environment, as it difficult to know whether the person engaging in an online transaction is sufficiently old enough and possesses the mental faculties to enter into the transaction. Further issues arise when there is a requirement of writing. Many jurisdictions have passed legislation making electronic documents and signatures equivalent to written documents. Sale of goods law and consumer protection law remain relevant to this area.