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

From: Alan Karp <alanhkarp@gmail.com>
Date: Thu, 16 Sep 2021 13:25:42 -0700
Message-ID: <CANpA1Z1ZWf01cOFrZ0JK8=xAE6HvSRzTSioP78wq-qZOEXaLtg@mail.gmail.com>
To: Moses Ma <moses.ma@futurelabconsulting.com>
Cc: Christopher Allen <ChristopherA@lifewithalacrity.com>, Credentials Community Group <public-credentials@w3.org>, Chris Rothfuss <Chris.Rothfuss@wyoleg.gov>, Dazza Greenwood <dazza@civics.com>, Clare Sullivan <cls268@law.georgetown.edu>
Power of attorney is typically, but not always, limited.  Delegating an
identity doesn't connote that it's limited.

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


On Thu, Sep 16, 2021 at 1:24 PM Moses Ma <moses.ma@futurelabconsulting.com>
wrote:

> Can't we use laws around power of attorney to manage delegation of rights
> and privileges held by your identity?
>
> https://www.law.cornell.edu/wex/power_of_attorney
>
>
> On 9/16/21 1:13 PM, Alan Karp wrote:
>
> 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!
>>
>> --
> *Moses Ma | Managing Partner*
> moses.ma@futurelabconsulting.com | moses@ngenven.com
> v+1.415.568.1068 | skype mosesma | allmylinks.com/moses-ma
> Learn more at www.futurelabconsulting.com. For calendar invites, please
> cc: mosesma@gmail.com
>
Received on Thursday, 16 September 2021 20:26:07 UTC

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