| Electronic commerce was expected to grow exponentially, but the actual rate of growth in recent years has been disappointing. Recent surveys of perceptions of the development of electronic commerce clearly focus our attention on the perception and fear of computer crime as the major cause of this disappointing growth pattern. Businesses and consumers simply do not trust electronic commerce and harbor fears they will be victimized. How do we address this issue? From growing empirical evidence, the thesis critiques the existing private law solutions found in the business literature on risk management, insurance reimbursement, and similar private solutions. Instead, the thesis argues from a normative theory on “the commons” for the application of new public law enforcement solutions in the public trust, sanctions, and public co-production of order.; In conclusion, the thesis argues that given the failures of private law solutions to the problem, these public law enforcement solutions should be more effective, efficient, and more satisfactory. |
