The Gap Between Model LawsStandards and Reality

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The Gap Between Model Laws/Standards and
Reality Presented by Donald D.
Bundy at UN/CEFACT Conference, Geneva March
27, 2001
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Problems of International commerce on the
Internet

• How do you identify with whom you are dealing?
• How do you keep your communications private?
• How do you sign electronic documents?
• How do you ensure the integrity of electronic
  documents?
• How do you provide proof of the transaction?

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Proposed technology solutions for electronic
commerce

• Digital signatures
• Biometrics
• voice recognition
• finger prints
• facial points
• Signature analysis
• Processor chip serial number

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Proposed legislative solutions for electronic
commerce

• UNCITRAL
• Model Law on Electronic Signatures
• World International Property Organization
• Standard Terms for Electronic Contracting
• International Chamber of Commerce
• GUIDEC (General Usage for International Digitally
  Ensured Commerce)
• Electronic Trade Practices Working Group
• E-terms service

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Proposed legislative solutions for electronic
commerce

• Internet Law and Policy Forum
• Legislative Principles for Electronic
  Authentication
• EU
• Electronic Signature Directive
• US
• Electronic Transaction Act

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Technology standards for electronic commerce

• Dejure
• ISO
• ITU
• IEC
• UN
• National
• BSU
• PINSI

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Technology standards for electronic commerce

• Industry
• W3C
• IETF
• BIS (Business Internet Consortium)
• UDDI (Universal Description, Discovery and
  Integration)

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The scope of the problem

• Governments have recognized a need for
  establishing security/privacy standards for the
  transmission of information on the Internet.
• Organizations such as the UN have recognized the
  need to facilitate world trade through e-commerce
  by setting up model laws.
• Standards bodies have recognized a need to
  provide technology standards.

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The scope of the problem

• Technology providers have recognized a need to
  have their technology legitimized by governmental
  recognition.
• Governments have recognized a need to establish
  e-commerce laws that are jurisdictionally
  protective.
• Global industries are setting standards that are
  industry-specific.

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The conundrum

• Technology Standards vs. Technology Neutrality
• Legislative Specificity vs. Technology Neutrality
  
• Legislative Neutrality vs. Technology Standards

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Emerging barriers to electronic commerce

• Lack of technology interoperability for
  electronic signatures
• No uniformity in policies, practices or
  procedures for electronic signature providers
• No uniform audit standards for electronic
  signature providers
• No uniformity in proof for electronic
  signatures
• No uniform standards for security/privacy

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The minimalist approach vs. uniform
standardization
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The convergence of legal standards and technical
standards
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How can the UN assist in removing barriers to
electronic commerce

• Adopt the recommendation in A/CN.9/WG.IV/WP.89,
  proposed by Geneviève Burdeau, professor at the
  University of Paris, regarding the universal
  recognition of new definitions for signature,
  writing and document.
• Create a Super Forum for governments and
  standards bodies of all types that provides for
  the convergence of standards that are both
  legally based and technology based.

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Questions and answers
Thank You . . . . . . . . . .
. May I answer any questions?
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Extra slides you may want to use
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Business forces
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Allocation of risk and liability
(PKI Pentagon reflecting Applications,
Policies, Practices, Laws and Standards)
Recognition of digital signatures as legally
enforceable signatures is based on the premise
that all of these pieces are in place.
Technology
Policies
Practices
Laws
Standards