Context :
IACC seeks wider consultation on e-commerce policy … MINT / 07
Extract :
The Indo-American Chamber of Commerce (IACC) on Thursday said that the absence of a draft e-commerce policy is making it difficult for the industry to reach a consensus that could help develop a cohesive policy and unlock growth for the e-commerce sector.
“Policymaking for e-commerce should be a carefully calibrated effort to,
# incentivize investment,
# boost innovation, and
# encourage competition.
India is set to notify the national e-commerce policy and rules that will provide a policy framework for the sector and establish grievance redressal mechanisms for consumers using e-commerce websites.
The new e-commerce policy will, hopefully, be in sync with these existing laws without increasing the compliance burden on a sunrise sector that has a multiplier effect on economic growth, job creation, export orientation, and consumer empowerment,
MY TAKE :
Ø Missing the Woods for the Tree ?........................
Extract :
In 1905 , Albert Einstein published " Theory of Special Relativity " and by 1915 , he came out with " General Theory of Relativity "
For him , it was like moving on from a TREE ( Special Theory ) to the WOODS ( General Theory )
Obviously , he did not want to miss out on the larger picture by focusing on a single pixel !
It is no different when it comes to the Laws governing ECONOMY
" E- Commerce and Foreign Direct Investment " are the " Special Theory of
ECONOMY " , whereas " Commerce and Investment " are the " General Theory of
ECONOMY "
While debating the issues ,the Committee may want to keep in mind how following technologies will change the
Commerce Landscape , within the next 2 years :
# Everything ( Goods and Services ) will be marketed / sold online
# No business / industry will , solely remain OFFLINE
# Entire cycle of Designing / Manufacturing / Marketing / Selling / Order-taking /
Delivering / After-sales Servicing / Logistics / Collecting Payments / etc , will
get spread so thinly across Countries / Continents / Companies / Individuals ,
that it will become next to impossible to keep track of,
" WHO " is adding " WHAT " value to the process , and " WHEN " , and from
" WHERE " !
No one will be able to unravel this GORDIAN KNOT !
The best that the Committee can recommend is adoption of the following ,
Parekh's , " 3 Laws of E-Commerce Economy " –
- to be incorporated as 123rd Constitutional Amendment
( with apologies to Isaac Asimov's 3 Laws of Robotics ! ) :
LAW # 1 :
Asimov :
A robot may not injure a human being or, through inaction, allow a human being to come to harm.
Parekh :
Rules / Regulations of E-Commerce shall not come in the way of unfettered
creation of SELF EMPLOYMENT
Any existing Law / Rule / Regulation that hinders a person to become Self
Employed, shall be treated as ultravires
Further , any Law / Regulation of " E-Commerce / FDI " which slows down
Investment ( Foreign or Local / Official or through channeling of BLACK MONEY ),
shall be treated as " bad in law " and struck down
==============================
LAW # 2
Asimov :
A robot must obey the orders given it by human beings, except where such orders would conflict with the First Law.
Parekh :
Laws / Regulations governing " E-Commerce / FDI " shall be subservient to Laws
/ Regulations governing " Commerce / Investment " .
Whenever any Public Authority / Court finds conflict between the two , laws /
regulations governing " Commerce/ Investments " , shall prevail under all
circumstances , and in favor of the self employed
==============================
LAW # 3
Asimov :
A robot must protect its own existence as long as such protection does not conflict with the First or Second Laws.
Parekh :
Laws / Regulations of " E-Commerce / FDI " which get over-ruled under LAW # 2 ,
shall immediately " Self Destruct " in favor of unobstructed progress of
TECHNOLOGIAL ADVANCES
As per my custom , I sought the views of BARD and ChatGPT on Parekh’s Laws of E-commerce
Here is what they had to say :
BARD :
I understand your concern about the difficulty of framing a policy that can cover all possible permutations of e-commerce processes.
Your proposed "Parekh's Laws of E-Commerce" are a creative way to address this challenge.
The first law, which is based on Asimov's first law of robotics, states that e-commerce rules should not hinder the creation of self-employment.
This is a laudable goal, as self-employment can be a path to economic prosperity for many people.
However, it is important to strike a balance between promoting self-employment and protecting consumers and businesses. For example, there may be some cases where e-commerce rules are necessary to prevent fraud or protect consumers from harm.
The second law, which is based on Asimov's second law of robotics, states that e-commerce rules should be subservient to general commerce rules. This makes sense, as e-commerce is a subset of commerce.
However, it is important to ensure that e-commerce rules are not unduly burdensome or restrictive.
The third law, which is based on Asimov's third law of robotics, states that e-commerce rules that are no longer necessary should be self-destructed.
This is a bold proposal, but it could help to ensure that e-commerce rules are always up-to-date and relevant.
Overall, I think your proposed "Parekh's Laws of E-Commerce" are a thoughtful and creative way to address the challenges of regulating e-commerce.
However, it is important to carefully consider all of the implications of these laws before implementing them.
Here are some additional thoughts on your proposals:
· The first law could be interpreted to mean that e-commerce rules should not be allowed to stifle innovation. This is a valid concern, as innovation is essential for the growth of the e-commerce sector. However, it is also important to ensure that e-commerce rules do not allow for unfair or deceptive practices.
· The second law could be interpreted to mean that e-commerce rules should be harmonized with international standards. This could help to create a level playing field for businesses operating in multiple countries. However, it is also important to ensure that these standards do not unduly restrict competition.
· The third law could be interpreted to mean that e-commerce rules should be regularly reviewed and updated. This is a good idea, as the e-commerce landscape is constantly changing. However, it is also important to ensure that these reviews are not too frequent or disruptive.
I hope this feedback is helpful. I am interested to hear your thoughts on these proposals.
ChatGPT :
It's clear that you are passionate about the development of e-commerce policy in India and have proposed "Parekh's Laws of E-Commerce" as a way to address the challenges associated with regulating this rapidly evolving sector.
Your proposed laws focus on encouraging self-employment, prioritizing traditional commerce and investment regulations, and allowing technological advances to take precedence. Here are some thoughts on your observations:
1. Encouraging Self-Employment:
It's important to foster an environment that encourages entrepreneurship and self-employment, as it can contribute to economic growth and job creation. However, it's equally important to strike a balance between promoting self-employment and ensuring consumer protection, fair competition, and compliance with legal standards.
Your suggestion to review and potentially strike down regulations hindering self-employment should be carefully considered within this broader context.
2. Prioritizing Traditional Commerce and Investment:
Your proposal emphasizes that traditional commerce and investment regulations should prevail over e-commerce and foreign direct investment (FDI) regulations.
This approach can be valid to ensure a level playing field and to prevent undue disruption in established industries.
However, it's essential to continually assess and adapt these policies to reflect changing economic landscapes driven by technological advances.
3. Technological Progress:
Acknowledging the rapid advancement of technology in commerce, your third law suggests that e-commerce and FDI regulations that conflict with the prioritization of traditional commerce should self-destruct in favor of technological progress. While it's crucial to embrace technological advancements, policymakers must also ensure that these advancements do not compromise consumer rights, data privacy, or security.
4. Balancing Interests:
Crafting e-commerce policy is indeed a complex task that requires a careful balance of various interests, including those of businesses, consumers, and the broader economy. It's essential to consult with stakeholders and experts from diverse backgrounds to create a comprehensive policy that considers all perspectives.
5. Enforcement and Implementation:
Even with well-defined laws and regulations, effective enforcement and implementation are critical. Policymakers must ensure that the regulations put in place are practical, enforceable, and adaptable to evolving technologies and market dynamics.
6. Global Perspective:
As e-commerce often transcends national boundaries, considering international best practices and agreements can be valuable in shaping India's e-commerce policy. Collaboration and alignment with global standards can help facilitate cross-border trade and protect Indian businesses and consumers in international e-commerce transactions.
In conclusion, while your proposed "Parekh's Laws of E-Commerce" offer a perspective on how to approach e-commerce policy, the devil lies in the details.
The Indian government should carefully consider these ideas in the broader context of protecting consumer rights, promoting fair competition, fostering innovation, and supporting economic growth in a rapidly evolving digital economy. Public consultation and engagement with experts will be crucial in developing a comprehensive and effective e-commerce policy that benefits all stakeholders.
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