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

From: Moses Ma <moses.ma@futurelabconsulting.com>
Date: Thu, 16 Sep 2021 13:29:42 -0700
To: Alan Karp <alanhkarp@gmail.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>
Message-ID: <272ac764-8002-1a44-7c63-57bed760650d@futurelabconsulting.com>
Powers of attorney may be general, limited, or special. Someone who has 
become an invalid could issue an unlimited but revocable power of 
attorney to their caretaker.

They are usually written documents, although some jurisdictions allow 
oral power or attorney agreements. This might be extended to digital 
more easily than creating some new body of law?

Interesting question though.

MM


On 9/16/21 1:25 PM, Alan Karp wrote:
> 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 
> <mailto: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
>     <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
>>     <mailto: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/
>>             <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
>>         <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
>>         <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 <mailto: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
>>         <mailto: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
>     <mailto:moses.ma@futurelabconsulting.com> | moses@ngenven.com
>     <mailto:moses@ngenven.com>
>     v+1.415.568.1068 | skype mosesma | allmylinks.com/moses-ma
>     <http://allmylinks.com/moses-ma>
>     Learn more at www.futurelabconsulting.com
>     <http://www.futurelabconsulting.com>. For calendar invites, please
>     cc: mosesma@gmail.com <mailto:mosesma@gmail.com>
>
-- 
*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 20:30:11 UTC

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