The legal issues of commercial technology application in Cyberspace — Focusing on the infrastructure for allocation of risk in electronic payment

This paper is trying to find the best infrastructure in dealing with the issue of the risk allocation for the commercial electronic payment within Cyberspace. Since the United States has highly developed with this regard, the infrastructure for allocation of risk in electronic payment within it will be the main subject to discuss or reflect on in order to bring up personal observation to such issue and brief suggestion to the status quo in Taiwan. Based on the prior discussion in this article, it is argued in this article that the technology measurement should be the first line of defense in the battlefield because the prevention is the best cure. It is suggested that the either unified or several different technology standards based on different practical considerations shall be established. At least, if it is not possible at current stage, there shall have some sort of technology committee or platform empowered by law to develop the technology standard(s) with the binding force. Furthermore, once the technology standard(s) has (or have) been set up by the authorities, it (or they) should be reviewed periodically in order to keep up with the development of technology at edge. And it is also suggested that the consumer´s liability limitation should be adept to all consumer´s transactions in Cyberspace, like the stipulated situation in the United States with the flexibility of modifying the amount under circumstances. This approach can be as a good reference in Taiwan for dealing the same situation.