information system to connect to the internet.8 The internet has further been described
as a main stream medium for business dynamics,9 the trailblazer to the information
superhighway, a vehicle
for tremendous economic
growth,10 a
monumental
achievement, 11 and a giant network that spawned a virtual world where cybercontracts
are entered into by cybercitizens.12 Records indicated that the use of the internet for
electronic commerce limit the scope of dealings in the physical world,
13
due to its
ubiquitous, customization, interactivity, scalability, global reach, low transaction cost,
and ease of use.14
1.2.1 History of the internet
Originally confined to military establishments,15 the internet exploded into the popular
consciousness in the mid-to late 1990s.16 As per Rogers, the internet originated in the
United States as Advanced Research Projects Agency Network, ARPANET, for
research purposes, and it emerged around 1980s.17 The idea of connecting machines
into a more extensive networks was a product of scientists such as Licklider, who
headed the Information Processing Technologies Office at Advanced Research
Projects Agency in the United States department of defence, and first documented the
idea of Intergalactic Computer Networks, globally interconnected set of computers,
later followed by packet switching invented by Paul Baran, and ARPANET became the
first ARPA’s packet switching network.18
The internet evolved beyond its research origins to encompass universities,
corporations, and people around the world.19 While the military funded-research at
ARPANET had pioneered network computing, academics, private companies, science
8
S1 ECT Act.
Ahmad, F. (2009) “Electronic commerce: an Indian perspective” 9 Int’l J.L & Info Tech 133.
10 Olivier, H. et al. (1996) “Business and the law on the internet” 39.
11 Ahmad (2009: 4).
12 Pistorius, T. (1999) “Formation of Internet Contracts: an analysis of contractual and security issues” 11 SA
Merc LJ 282.
13 Snijders, H. et al. (2003) “E-commerce law, national and transnational topics and perspectives” 92.
14 Ahmad (2009: 25).
15 Ahmad 2001: 133; Gahtan, A. (1998) “Internet law: a practical guide for legal and business professionals” 1.
16 Fitzgerald et al (2007: 1).
17 Kevin, MR. (2011) “The internet and the law” 3.
18 Brown, I. (2013) “Research handbook on governance of the internet” 4.
19 Fitzgerald et al (2007: 3).
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