Origins of "Electronic Commerce", "Electronic Business" and "Internet Commerce"
This endeavor was the result of preparation work for the conduct of a MBA module "E-Business Strategy" for University of Southern Queensland. During the course of searching, I hit upon this website "The origins of the phrase ELECTRONIC COMMERCE" http://home.columbus.rr.com/cyberlawyer/electronic-commerce-origin.html and that sparks off my curiosity to locate the origins of "Electronic Commerce", "E-Business" and "Internet Commerce based on my search experience. The cited article in the mentioned website dated the origin of Electronic Commerce to a publication "Data Communications Copyright 1985 McGraw-Hill, Inc. Saturday, June 1, 1985 Vol. 14, No. 7".
However, being a practitioner in the prior art search (both patents and non-patents publication), search should extend beyond keywords, ie. the concept of the search subject itself. Based on the keywords and concept search, several new findings were discovered. Note that only one oldest article is listed.
The search engines/databases that were used for my search are (1) Google.com (2) Altavista.com (2) USPTO Website (3) ESpace (4) JPO PAJ (5) Map-it (6) Lexis-Nexis Universe.
|Origins of "Electronic Commerce" dated
to this article published on 1982
" American Lawyer Newspapers Group Inc
August 23, 1982".
However, the practice dated back to as early as 1948.
Origins of "eBusiness" dated to this article published on 1995 "Macworld Communications Inc"
Origins of "Internet Commerce" dated to this article published on 1992 "Globe Newspaper Company The Boston Globe November 11, 1993, Thursday, City Edition"
Email me if you know of earlier articles and I will acknowledge you accordingly.
2. Origins of "Electronic Commerce"
2.1 Keyword search on "Electronic Commerce", non-patent publication (1982)
Copyright 1982 American Lawyer Newspapers Group Inc.
August 23, 1982
Proposed UCC Update Proceeding at a Snail's Pace
The soaring use of checks, credit cards, and electronic funds transfers may be making more than cash obsolete. Some attorneys wonder if the growth in these alternative payment systems has outstripped the ability of the law to govern them, and a draft proposal to update the Uniform Commercial Code (UCC) is creeping through a lengthy review process.
At the same time, other financial industry lawyers contend broad revisions in existing law are unnecessary, while still others predict that the modernization effort -- however worthy -- ultimately will bog down because of the enormity of the task and the complexity of the money marketplace.
Whatever the outcome, lawyers will have years to debate its merits, as the modernization project was begun five years ago, and a final draft will not be completed for at least another two to three years. Even at that point, the states and the federal government will have to decide whether to abide by the draft recommendations.
The modernization project began in
1977, when the permanent editorial board of the American Law Institute
and the National Conference of Commissioners on Uniform State Laws set
up a committee to study whether new forms of payment (such as electronic
funds transfers) posed a challenge to the nation's legal system because
they were not covered by the UCC. The
ALI and the NCCUSL jointly oversee the code, which has been adopted by
every state except Louisiana. The
permanent editorial board, composed of representatives of both
organizations, has the responsibility for developing proposed amendments
to the code. After an
amendment has been drafted, but before it can be submitted to state
legislatures for adoption, it must be reviewed and approved by both
By last spring, the study committee had spawned a drafting committee, which in turn had produced a draft sufficiently developed to convince the board to refer it to the NCCUSL for a first reading, which began at the organization's early August meeting in Monterey, Calif. If all goes according to plan, the first reading will be concluded at the NCCUSL's meeting next summer, and the draft then will be referred to the ALI in time for a reading at that group's May 1984 meeting. Following ALI approval, the draft will have to return to the NCCUSL for a second reading and final approval.
The project has become controversial because some of the draft provisions would expand some existing consumer protections, which would be likely to make the payments system more costly for banks to administer. For example, the draft would permit any noncash payment to be reversed within three days of a purchase if a consumer chose to change his mind. Other provisions would impose new obligations on the banker's disclosure of credit costs and on the resolution of claimed errors.
Though still at a relatively early stage of development, the payments project has proved to be "the most esoteric" yet undertaken by the UCC's overseers, according to John McCabe, NCCUSL legal counsel. McCabe said his organization's first reading had gotten off to a "very successful start," though he acknowledged that there had been "considerable debate and discussion" and that "several critical issues remain unresolved."
The project has three main objectives, said Robert Haydock Jr., of Bingham, Dana & Gould in Boston, who is chairman of the drafting committees as well as a member of the Massachusetts Commission on Uniform State Laws. Haydock said these goals are to correct perceived problems in existing law, to extend the law to cover new forms of payment that were not in existence at the time the current code provisions were written, and to make the code apply uniformly to all noncash systems of payment.
'Simplification Would Help'
"Our aim is to try to have the same rules apply to each payment system," Haydock said. "A uniform system of rules that would apply to all systems might not be entirely possible, but simplification of the current rules will help a lot."
Haydock said the UCC now specifically covers only paper transactions such as checks and promissory notes, while the general financial trend is toward electronic commerce. Although federal statutes enacted during the past 15 years cover some aspects of credit card and electronic payments, "there is a serious question whether these systems fit into the UCC," he said. Other transactions, he said, are not covered by any laws at all. Instead, such transactions as wire transfers and bank credit card purchases are covered by written agreements that might need to be backed up by law, in case an agreement fails.
To determine what problems exist in the current UCC provisions, Haydock said the committee has been consulting with consumer and banking groups and has circulated various draft proposals to interested legal and business groups.
Before any code amendment is finally adopted by the states, the ALI, and the NCCUSL, it must overcome numerous obstacles in addition to procedural hurdles, including possible opposition from Congress, financial industry representatives, and from consumer groups. Though the UCC applies only to states, Congress is likely to become involved in the process, because portions of existing federal law overlap -- and, in some cases, conflict -- with the areas covered in the draft.
Though the draft already is being read by the NCCUSL, the debate so far appears to center more on the overall need for an amendment, rather than on specifics. "People have not yet really taken sides yet" on the actual draft provisions, Haydock said. "The draft is just getting out now."
So far, opinion is far from unanimous that a new uniform payments code is required. "It is clear that the present payment system is inconsistent, complicated, and confusing," said Carl Felsenfeld, vice president of Citibank and chairman-elect of the American Bar Association's committee on consumer financial services. "But the present payments system seems to work very nicely. I've not yet made up my mind, but I'm not convinced there's a need for a new payments code." Even in those areas in which no rule or law applies, Felsenfeld said, the payment system "still works. It does not necessarily follow that we need a whole new set of rules and laws. In some ways, there is an advantage in being able to explore areas that are unsettled in the law."
"I think lawyers are fairly content with the current state of the law as it applies to transactions," said American Bankers Association General Counsel William H. Smith. "Whether you plug holes by drafting a new uniform code, or whether you just do some adding on is a good question."
Concerning electronic funds transfers, drafting a new code provision is "premature," said Fred Greguras, an attorney specializing in electronic funds matters with Fenwick, Stone, Davis & West in Palo Alto, Calif. "We just got a federal law [Electronic Funds Transfer Act of 1977] in place. We ought to get some hands-on experience first, and let EFT develop some more." In the area of corporate wire transfers, he continued "there's a lot less code and a lot more contract law applied. There's a real question whether or not we need statutes to cover those business-to-business relationships that heretofore have been covered by contract."
Increased Costs Ahead?
Roland E. Brandel, of Morrison & Foerster in San Francisco, sees both plusses and minuses in a UCC rewrite. Brandon represents the Western States Bankcard Association and also serves as the American Bar Association adviser to the NCCUSL. The concept of treating all systems of payment equally under the law "is quite attractive to me," Brandel said. "But now we must examine what the costs will be to society of moving into a new framework. You're talking about billions of transactions annually. If you can make this payment system more efficient, you're talking about saving a significant amount of money that currently is being spent because of an inefficient legal structure. But moving into a new legal environment will certainly involve some disjointedness, and also may involve some increased operational costs as well."
Brandel said the ultimate success of the project would rest in large part "on what the banking industry thinks about it. Will they decide it will be, all in all, in the best interests of society despite possible additional costs? Or will they decide to oppose it, in which case it will be difficult to get through?"
The draft currently being read by the NCCUSL would replace Article 4 of the existing code, which covers bank deposits and collections. It would divide all noncash payments into two categories; draw orders (orders given to the person to be paid, who then must draw the money from a financial institution) and pay orders (which order the institution to pay out the money to a particular person or organization). For each category, the draft spells out the rights, obligations, and liabilities, the treatment of unauthorized orders, the resolution of claims of error, reversal of payment and disclosure requirements.
The draft specifies that the new code article would apply to "all orders for the transfer of funds payable by, at, or through, or transmited by or to an account institution." It would not apply to certain negotiable instruments such as promissory notes, which would continue to be dealt with in UCC Article 3 which deals with commercial paper.
One section specifies that any
provision in the code could be overriden by agreement unless one of the
parties is a consumer.
In the view of attorneys familiar with the draft, its most controversial provision deals with the reversibility of transactions. Currently, only a check can be stopped -- and then, only before it is cashed.The draft would extend the concept of reversibility to credit card and electronic transactions by providing consumers with a three-day period within which to stop any noncash payment. "That will be a real trouble spot," Brandel predicted.
Other controversial provisions deal with error resolution and consumer disclosures. Extending consumer protections such as error resolution obligations and disclosure requirements that currently apply only to certain forms of payment to all forms are likely to anger the banking industry; on the other hand, curbing existing requirements may anger consumer groups. Either way, eventual adoption of the new provisions would be jeopardized.
Even if the new code article never is adopted, however, it still could play a role in settling legal disputes in the payments area, in the opinion of EFT attorney Greguras. "Even if it's not enacted, it will provide a comprehensive reference which I think judges will use," Greguras said. "It could become a very good reference that would have significant impact on court actions."
2.2 Concept search on "Electronic Commerce", non-patent publication
The concept of electronic data interchange was created by Edward Guilbert who, as director for the 1948 Berlin Airlift, found it terribly frustrating to cope with business transactions on paper. The documents describing the goods arrived days after the goods had already reached Berlin. During the Hungarian airlift eight years later, Guilbert improved the process and would not let a plane take off unless relevant information preceded it. It was not until 1966 that he could apply his international experience domestically. While working for the department of Transportation, he established an Office of Facilitation to give business managers a chance to tell the government how business could improve its productivity if the government would ease up slightly on the bureaucracy. Impressed by the response, Guilbert thought it would be a good idea if business managers could practice what they preached. So, in 1968, he and a few colleagues formed the Transportation Data Coordinating Committee(TDCC) to support the standardization of tariffs for overseas shipments.
3. Origins of "Electronic Business"
3.1 Keyword search on "eBusiness", non-patent publication (1995)
Copyright 1995 UMI, Inc.; ABI/INFORM
Copyright Macworld Communications Inc 1995
SECTION: Vol. 12, No. 3 Pg. 137-140; ISSN: 0741-8647; CODEN: MARKBC
LENGTH: 2204 words
HEADLINE: Business information in cyberspace
BYLINE: Heid, Jim
THIS MONTH'S WORKING SMART IS THE 120th consecutive column I've written for Macworld. For ten years I've had the good fortune not only to cover the Mac as it evolved from an underpowered and overpriced toy into a powerful force in the computer industry, but to do so from a home office.
The most familiar sound in that home office is my modem's shooting the breeze with another modem. Besides going online to turn in stories, swap E-mail, and scarf up the latest freeware, I've used the modem as a research tool to keep up with industry news and learn about new technologies and products. These days, a modem is as essential a business tool as a pinstripe suit (or, for us home-office workers, a pair of warm slippers).
What's Out There?
At the other end of a modem lies a gold mine of business information. Not just current stock quotes and timely news from major wire services--two things often cited as good reasons to use (and tax-deduct) a modem. I mean real business information, such as the following:
* Demographic data.
* Abstracts and full-text articles from major newspapers and hundreds of business, industry, scientific, and medical newsletters.
* Corporate data, such as disclosure statements filed with the Securities and Exchange Commission.
* Data from the federal government.
Many of these information gold mines are available on eWorld, America Online, and CompuServe. (Throughout this column, I list the shortcut keywords for each forum mentioned.) Some of the best libraries and databases, however, are on the outskirts of cyberspace, in specialized business and research services such as NewsNet and Dialog.
Given that eWorld is a relative newcomer with fewer subscribers than the competition, I didn't expect to find much in a the way of eBusiness eInfo. I was eSurprised: the Business and Finance Plaza has a solid foundation of basic business offerings--and access to all of them is included in the basic eWorld subscription rate.
Much of eWorld's business information is geared toward small businesses and home-office workers. For example, there's Working Solo (shortcut: solo), a forum for entrepreneurs and home-business operators looking for guidance and connections. The forum's software libraries contain business-oriented templates for popular application programs. For online networking, there's an Introductions area where you can post a brief resume and list of services you offer. Inc. Magazine also operates a forum (shortcut: inc online) containing entrepreneurial tips and magazine excerpts.
Another useful forum for small-business types is the Nolo Press Self-Help Law Center.(shortcut: nolo), where you can read interesting (and understandable) articles on topics such as incorporation, patent, and contract law, and post questions for Nolo Press's legal staff to answer. Of broader interest on eWorld is the Business Sector Profiles forum (shortcut: bsp), operated by The Reference Press. Business Sector Profiles contains expanded and annotated versions of reports and forecasts issued by the U.S. Department of Commerce for more than 200 industries.
Similar, though less comprehensive, reports are also available in the Vital Statistics section of the Real-Time Marketing forum (shortcut: rtm) operated by Regis McKenna, a marketing and public relations firm. If you are in the advertising biz, visit the Ad Age/Creativity Online forum (shortcut: ad age) run by Crain Communications, which publishes Advertising Age and Creativity magazines.
If you're looking for company information, check out the Hoover's Company Profiles forum (shortcut: hoovers). This forum, also operated by The Reference Press, contains nicely done profiles of nearly 1000 public and privately held corporations--overviews, founder's names and company histories, headquarters addresses, lists of divisions, and more.
An American Online
Most of the business information offerings on America Online (AOL) are in the News & Finance area.
The Hoover's Business Resources are available on AOL (keyword: hoovers), as are the Woover's Company Profiles (keyword: company). If you're a fan of public television's "Nightly Business Report," you might enjoy NBR Online (keyword: nbr), which contains transcripts of selected NBR interviews and commentaries, business news summaries, and reports on market trends.
If your company is a federal contractor, check out Commerce Business Daily (keyword: cbd), which lists notices of proposed government contract awards for amounts in excess of $ 25,000, as well as sales of government property and other procurement-related tidbits. Each edition contains approximately 500 to 1000 notices--proof that your tax dollars are at work.
Anyone who works in the publishing or communications industry should visit the Cowles/SLBA Media Information Network(keyword: cowles). The Cowles/SIMBA Media Daily contains stories on everything from book and magazine publishing to cable-and-telephone-company wars to satellite broadcasting. The forum's bulletin board is active with debates on media-related issues.
Business-news junkies will be in heaven on AOL. The Top Business window (keyword: business) lets you read current news by industry or search for articles containing keywords you specify. And forums are operated by Worth magazine (keyword: worth), the New York Times (keyword: nyt), the San Jose Mercury News (keyword: mc news), and the Chicago Tribune (keyword: chicago). Generally, these free forums offer only a subset of their respective publications; as I'll describe later, the full text of many publications is available, but it'll cost you.
Sleepless in CompuServe
eWorld and America Online look like small-town libraries compared with the granddaddy of personal computer information services, CompuServe. You can spend days exploring CompuServe's business information offerings.
CompuServe's Business menu (shortcut: go business) is the gateway to dozens of profession-specific forums. Among them: a work-at-home forum (go work), a public relations and marketing forum (go prsig), an inventors' forum (go innovations), a legal forum (go lawsig), an office-automation forum (go oaforum), an international-trade forum (go trade), and a court-reporters' forum (go crforum). As with the forums on eWorld and AOL, these forums are available to all subscribers at no additional charge.
Newshounds will howl over CompuServe's online newspaper and magazine offerings. The Associated Press wire service is available (go aponline), and news stories are updated hourly. The Business Wire (go tbw-1) carries company information and press releases. And researchers will want to explore the newspaper archives (go newsarchive), which let you search for and download full-text articles from more than 50 American and British newspapers dating back to the late 1980s. The News Source USA area (go newsusa) provides a similar service and adds archives of a dozen or so major magazines, from People and Sports Illustrated to Fortune and Forbes. In the Magazine Database Plus area (go magdb), you can search for and retrieve articles from 140 magazines--everything from the New Republic to Cosmopolitan.
Equally impressive is CompuServe's range of reference materials. You can get TRW credit reports and business information on more than 13 million organizations (go trwreport). You can get astonishingly detailed demographic data on cities, towns, neighborhoods, census tracts, Nielsen TV-ratings areas, and more (go demographics). You can search every phone book in the country (go edu8). The full text of the Commerce Business Daily is also available (go combus), as are searchable versions of Books In Pint (go bip) and Marquis Who's Who (go biography). And the IQuest service (go iqu-1) is a collection of nearly 1000 databases in every imaginable category. Type in search keywords that describe your area of interest, and IQuest will return either a list of article citations (including publication name, date, author, and title) or the full text. For expert advice on crafting a query, type SOS, and an IQuest representative will help you.
Note that many of the best reference resources on CompuServe carry additional surcharges. Some services carry an additional hourly charge of up to $ 24, others charge for each article you retrieve or each search you conduct, and still others combine both approaches. All premium-priced services provide menu options that describe pricing details and provide tips on searching.
The Big Guns: Dialog, NewsNet
Two of the information services available through CompuServe gateways, Dialog and Newsnet, are also available directly. Dialog (415/858-2700, 800/334-2564) is the world's largest online bibliographic company with over 200 million searchable items spread across 370 databases. Databases include the full text of 33 major newspapers, as well as scientific journals; government, business, and corporate publications; and law and reference books. You can retrieve the full text of articles electronically or even have them mailed or faxed to you.
Dialog can be daunting. Besides the vast array of searchable materials, the service's interface is archaic, relying on cryptic typed commands. Conducting searches is an art in itself; choose keywords carelessly, and you can wind up with hundreds of irrelevant citations.
Dialog's Knowledge Index is a subset of the full service specializing in science and education. Knowledge Index is available only through CompuServe (go KI); you'll have to pay a $ 24-an-hour surcharge for access.
NewsNet (610/527-8030, 800/345-1301) specializes in business information, providing full-text access to 700 business and industry publications and 20 international news wires that together post 17,000 new items every day, according to the company. Here you'll find not only mainstream newspapers, but ultraspecialized newsletters: Drug Detection Report, Indoor Air Quality Update, Pharmaceutical Litigation Reporter, Toxic Materials News, Wine Business Insider, and Asbestos and Lead Abatement Report. Costs depend on the publication and vary from 40 cents to several dollars per minute of connect time.
For More Information
If I've whetted your appetite for more details on the world of online information, check out Don Rittner's Whole Earth Online Almanac (Brady, 1993). It's a superb directory of forums, bulletin boards, online services, and research CD-ROMs. And now if you'll excuse me, my modem is waiting.
Say you're interested in snagging stories on Mexico, but you aren't interested in news on Mexican sports. You specify the search criteria Mexico not sports, and the result comes back littered with articles on New Mexico high-school football. It's at times like these that you realize just how sophisticated the human search engine is compared with an online service's. And the killer, is you must pay for these items.
(1) Be extremely specific about what you are looking for--spell it out in detail. In the preceding example, instead of specifying Mexico not sports you might specify Mexico not football or baseball or basketball or soccer or tennis. You might also specify not "New Mexico" (many information services require you to enclose multiword phrases in quotes), although doing so would exclude an article titled "President Zedillo Promises a New Mexico."
(2) Specify the databases to search if your information service permits that.
(3) When the service returns a list of citations, retrieve the full text of the articles you want at this point to avoid repeating the search later at additional cost.
(4) Hire an information broker--a professional trained in online research. You'll pay for the researcher's time, but the savings in connect time should easily pay for itself. (Information brokers are listed in the yellow pages under Information Retrieval Services or something similar; some online services also provide referrals.)
DON'T FORGET CDs
Online isn't the only place to satisfy your hunger for information. Many publishers cater to the needs of business with vital information on CD-ROMs. A few examples:
* MarketPlace Business ($ 849, MarketPlace Information Corporation, 617/672-9200, 800/999-9497). Using a powerful search engine, it provides information on more than 9 million U.S. businesses.
* SelectPhone (Pro CD, 508/750-0055, 800/992-3766). Telephone directories including DirectPhone ($ 149, all U.S. white pages); CanadaPhone ($ 149, all Canadian white pages); and FreePhone ($ 49, all U.S. toll-free phone numbers).
* North American Fax Book ($ 49.95, Quanta Press, 612/379-3956). Includes a directory of 150,000 fax numbers.
* Dialog On-Disc (price depends on database, Dialog Information Services, 415/858-2700, 800/334-2564). More than 60 CDs grouped into subject families: business information, education and humanities, health and biomedicine, law and government, and science and technology.
Contributing editor JIM HEID is the author and producer of the best-selling Macworld Complete Mac Handbook Plus Interactive CD, third edition, and the Macworld Ultimate Mac CD-ROM (both published by IDG Books Worldwide, 1994).
3.2 Keyword search on "E-business", non-patent publication (1997)
e-business (electronic business), derived from such terms as "e-mail" and
"e-commerce," is the conduct of business on the Internet, not only buying and
selling but also servicing customers and collaborating with business partners. One of
the first to use the term was IBM, when, in October, 1997, it launched a thematic
campaign built around the term. Today, major corporations are rethinking their
businesses in terms of the Internet and its new culture and capabilities.
Companies are using the Web to buy parts and supplies from other companies, to collaborate
on sales promotions. and to do joint research. Exploiting the convenience, availability, and world-wide
reach of the Internet, many companies, such as Amazon.com, the book sellers, have already discovered
how to use the Internet successfully.
4. Origins of "Internet Commerce"
4.1 Keyword search on "Internet Commerce", non-patent publication (1993)
Copyright 1993 Globe Newspaper Company
5. Origins of first use of "Old Economy" and "New Economy"
5.1 "Old Economy" and "New Economy" (General Context)
The Associated Press
SECTION: Domestic News
5.2 "Old Economy" and "New Economy" (Internet Context)
Copyright 1993 Time Inc.
SECTION: MANAGING/COVER STORIES; Pg. 66
Fortunately, the revolution in information technology is creating tools that permit just such agility.
Thanks to all my USQ MBA students for both modules "Information Systems for Managers" and "E-Business Strategy" for your support and pressure.
Created on 10 July 2000, Last Modified on 11 Nov 2000