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Guilt or Innocence in E-Commerce: Knowledge-power in a criminal trial

Explore the intriguing case of a woman charged with criminal fraud in a multi-level marketing scheme involving web-site hosting. Dr. Mike Chiasson, an expert witness in e-commerce, highlights the power dynamics and interests at play in the trial, focusing on the construction of guilt and innocence. Discover the verdict and its implications, including the spread of the case to other countries. Consider theoretical perspectives such as actor-network theory and knowledge-power in examining this complex legal story.

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Guilt or Innocence in E-Commerce: Knowledge-power in a criminal trial

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  1. Guilt or Innocence in E-Commerce: Knowledge-power in a criminal trial OASIS Conference, December 12, 2004 Dr. Mike Chiasson Management Information Systems Haskayne School of Business

  2. A Legal Story… • Woman charged with criminal fraud • Multi-level marketing of web-site hosting (SkyBiz) • I was involved as an expert witness in e-commerce • Interesting points of power-knowledge-interests • The construction of guilt • The construction of innocence • The verdict

  3. The Construction of Guilt • Murky origins • 1930s legislation – cannot run a lottery • Crown’s case never entirely clear • Tries to prove that the product has no value (web-site hosting) – merely a mask for a scheme • Does “ping” tests and checks utilization of web-sites – both low

  4. Construction of Innocence • Retired school teacher – finding a new career after service the public good • Expert witness testimony strikes down utilization, low to no value of web hosting, and ping tests

  5. The Verdict • Found guilty • Judge sifts through “expert” testimony – rules that a drug addict had the most reliable testimony • Considers defense expert witnesses as tainted and biased from one report comment… • She is herself a former prosecutor of MLM cases • Spread of verdict to Australia, and FTC in the US

  6. Where to from Here? • Taken me some time to get the paper • Where to publish? • Management implications (if any)? • Various theoretical possibilities • Latour: actor network • Foucault: knowledge-power • Confessional tale… • Others? • Or do I just tell the story first…

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