Re: Principal Authority – new article on Wyoming law defining Digital Identity

Delegating an identity sounds like a problem.  Does my CPA get access to my
medical records?  Does my doctor end up with access to my financial
information?

--------------
Alan Karp


On Thu, Sep 16, 2021 at 12:42 PM Christopher Allen <
ChristopherA@lifewithalacrity.com> wrote:

> W3C Credentials Community:
>
> I've been involved in the Wyoming legislature's *Select Committee on
> Blockchain, Financial Technology & Digital Innovation Technology* to help
> form a new legal basis for future digital identity legislation in Wyoming.
>
> There has been strong support in the legislature for concept of
> self-sovereign identity, but the challenge has been what existing legal
> framework & precedents can we build new laws from. In particular, we wanted
> to avoid introducing any new laws under property rights frameworks.
>
> What we've found as a good framework is the concept of "Principal
> Authority" which comes from the Laws of Agency, which allows us to leverage
> fiduciary style Laws of Custom to define requirements for practices when
> digital identity is delegated to others (whether for authorization or for
> use of data).
>
> I've written up a layman's article (as I am not a lawyer) introducing this
> topic at:
>
> https://www.blockchaincommons.com/articles/Principal-Authority/
>
>
> In summary:
>
> Wyoming passed earlier this year the first legal definition for digital
> identity https://wyoleg.gov/Legislation/2021/SF0039 — a key quote:
>
> "the intangible digital representation of, by and for a natural person,
> over which he has principal authority and through which he intentionally
> communicates or acts."
>
>
> So where's the self-sovereign identity in this concept of Principal
> Authority? In short: Principal Authority *recognizes a Principal*, which *acknowledges
> the existence* of an entity at the heart of a digital identity.
>
> There's a lot more using this legal framework this implies.
> Since Principal Authority comes from the Laws of Agency, this allows us to
> show that this entity has Authority over that digital identity. In my
> option, that is self-sovereign identity in a nutshell!
>
> Also, because Principal Authority is drawn from the Laws of Agency, it
> says that that Authority is delegatable. Other people can make use of your
> digital identity.
>
> Delegation of identity happens already when you construct an account on a
> social media service. The difference? When it's your recognized Principal
> Authority that is being used, your delegates must work to your benefit.
> Like a CPA or doctor, their choices must be in your interest.
>
> That's also what self-sovereign identity is all about: a digital identity
> that benefits you. That's not what we have today, where social media and
> other internet sites are using your identity to benefit themselves.
>
> There's more detail to this, many unanswered questions, and some subtlety
> on what control really means and how duties of care can be established.
> Take a look at the article, and let me know what you think!
>
> We will be having a public meeting on the topic of Digital Identity &
> Principal Authority with the Wyoming Select Committee next Wednesday
> (September 22nd) at 2pm MT. Details about the meeting and a link to live
> stream will be published next week at
> https://www.wyoleg.gov/Committees/2021/S19 . You can also request to
> offer your own public testimony during this session by emailing
> lso@wyoleg.gov.
>
> Bottom line: The concept of delegatable Principal Authority that works to
> your benefit may offer a new legal framework for digital identity. If you
> are interested in this topic, let me know.
>
> In addition, the co-chair of Select Committee and leader of the Digital
> Identity subcommittee Chris Rothfuss <Chris.Rothfuss@wyoleg.gov> is
> likely open to greater participation from those with legal drafting
> experience to work on applying this concept into customs, best practices,
> and duties of care for consideration by the Wyoming Legislature in the
> coming year. Let him know if you can help. (Like the CCG, we need more
> drafters than talkers!).
>
> -- Christopher Allen
>
> P.S. Establishing self-sovereign identity is part of the work that we're
> doing at Blockchain Commons. If this is important to you, please become a
> monthly patron! Even $20 a month as an individual (or $100 for a
> corporation) makes a difference!
>
>