Some compare the Internet to the lawless West of yore, and believe that no e-commerce law exists. They point to the fact that about two-thirds of all e-mail is unwanted “spam,” unsolicited commercial e-mail, and that although Internet gambling is illegal in every state, millions of Americans gamble online, generating about $6 billion in revenues for the approximately 2,000 Internet gambling sites.

Others see the Internet as a set of mutually agreeable protocols, and suppose that e-commerce participants apply trade law akin to their medieval trade fair predecessors. They highlight the fact that peer-to-peer networks remains very high despite the efforts of copyright owners to shut them down and that anonymous e-mail is regularly used to make false marketing claims. However, due to the prepensely of Americans to engage in e-commerce and for American courts and governmental agencies to accept, resolve and publish e-commerce cases, it is fair to say e-commerce is dominated by American law.