- From: Joseph Potvin <jpotvin@opman.ca>
- Date: Tue, 8 Apr 2014 08:58:04 -0400
- To: Manu Sporny <msporny@digitalbazaar.com>, Web Payments CG <public-webpayments@w3.org>
- Cc: Dave Raggett <dsr@w3.org>, Wendy Seltzer <wseltzer@w3.org>, Daniel Appelquist <dappelquist@w3.org>, Stephane Boyera <boyera@w3.org>
I should clarify that UNCITRAL's work relating directly to electronic payments was subsumed in the mid-1990s into the broader Working Group IV on Electronic Commerce: http://www.uncitral.org/uncitral/en/commission/working_groups.html Their work should be considered as providing explicit business architecture requirements for any W3C draft spec on web payments, and for any related reference implementations. The specific elements relating to W3C work on web payments are addressed in UNCITRAL's "Draft provisions on electronic transferable records"... the most current work is specifically summarized in the two links I provided yesterday: http://daccess-ods.un.org/access.nsf/Get?OpenAgent&DS=A/CN.9/761&Lang=E http://daccess-ods.un.org/access.nsf/Get?OpenAgent&DS=a/cn.9/768&Lang=E Their earlier references may use more easily recognizable language: UNCITRAL Legal Guide on Electronic Funds Transfers (1987) http://www.uncitral.org/pdf/english/texts/payments/transfers/LG_E-fundstransfer-e.pdf United Nations Convention on International Bills of Exchange and International Promissory Notes (New York, 1988) http://www.uncitral.org/uncitral/en/uncitral_texts/payments/1988Convention_bills_promissory.html Thus I should also clarify that both the "Model Law on Electronic Commerce" and the "Convention on the Use of Electronic Communications in International Contracts" explicitly do not duplicate the provisions on bills of exchange and international promissory notes (one of which is what paper or digital "cash" usually deemed to "be"). http://www.uncitral.org/uncitral/en/uncitral_texts/electronic_commerce/2005Convention.html "This Convention does not apply to bills of exchange, promissory notes, consignment notes, bills of lading, warehouse receipts or any transferable document or instrument that entitles the bearer or beneficiary to claim the delivery of goods or the payment of a sum of money." http://www.uncitral.org/uncitral/en/uncitral_texts/electronic_commerce/2005Convention.html ...The point being, these specifics are addressed in UNCITRAL's "Draft provisions on electronic transferable records". Hope this is not "too much" detail. My suggested mission critical point is that W3C work on web payments that conforms with UNCITRAL will provide implementers of a W3C standard much more solid multi-jurisdictional foundations than if the W3C community does not take UNCITRAL into account. Further, I recommend that any W3C Interest Group on this topic include direct liaison with UNCITRAL Working Group IV on Electronic Commerce. Joseph Potvin On Mon, Apr 7, 2014 at 5:33 PM, Joseph Potvin <jpotvin@opman.ca> wrote: > Manu et.al. I'd like to add a small simple item to the agenda on a > large complex topic. Basically I'm hoping to sit in on part of the 28 > April - 2 May NYC meeting of the Electronic Commerce Working Group > United Nations Commission on International Trade Law: > http://www.uncitral.org/uncitral/en/commission/working_groups/4Electronic_Commerce.html > > The specific part I'll try to attend is "Legal issues relating to the > use of electronic transferable records" (here is the draft agenda > http://daccess-ods.un.org/access.nsf/Get?OpenAgent&DS=A/CN.9/WG.IV/WP.127&Lang=E > ) > > UNCITRAL's "Model Law on Electronic Commerce" is a generic template > for electronic commerce legislation that most countries use when > structuring their own laws on this topic. It therefore provides the > underlying legal context within which transborder payments are > conducted and enforceable. The outcome of their common template is a > degree of consistency for inter-jurisdictional transactions, despite > widely differing legal foundations amongst different countries and > their respective states/departments/provinces. FWIW, another UNCITRAL > Model Law provides the legal context for the inter-jurisdictional > proceedings related to the Mt Gox bankruptcy, eg see: > http://www.slyck.com/story2346_Following_the_Japan_Filing_Now_Mt_Gox_Files_For_Bankruptcy_Protection_in_the_US > > It's important to note that for UNCITRAL, "electronic transferable > records" includes all aspects of web payments, including electronic > funds transfer: > > Report of Working Group IV (Electronic Commerce) on the work of its > forty-sixth session: "such generic rules should be broad enough to > encompass various types of electronic transferable records, including > those relating to goods and money" > http://daccess-ods.un.org/access.nsf/Get?OpenAgent&DS=A/CN.9/761&Lang=E > > Report of Working Group IV (Electronic Commerce) on the work of its > forty-seventh session: "bills of exchange, promissory notes and > cheques should be included in the scope of the draft provisions" > http://daccess-ods.un.org/access.nsf/Get?OpenAgent&DS=a/cn.9/768&Lang=E > > So in our Wed conf call, I can (oh so briefly!) discuss how and why I > suggest that UNCITRAL provides a suitable context in international law > for any W3C Interest Group / Working Group activity on Web Payments, > and any eventual W3C Specification in this domain. > > Joseph Potvin > The Opman Company > > On Mon, Apr 7, 2014 at 4:20 PM, Manu Sporny <msporny@digitalbazaar.com> wrote: >> Hi all, >> >> We need to talk about the Internet Governance Forum and whether or not >> we're going to be participating this year or not. We also need to do >> a quick After-Action Review of the Web Payments Workshop and next steps >> that we'll need to do as a community to support the advancement of the >> Web Payments work at W3C. >> >> If you would like to add or change anything on the Agenda, please send >> the request to the mailing list before the telecon or mention the >> changes at the beginning of the call. >> >> The dial-in information as well as minutes and audio logs of previous >> meetings can be found here: >> >> https://web-payments.org/minutes/ >> >> ========== >> Wednesday, April 9th 2014 >> Time: 1500 UTC / 8am San Francisco / 11am Boston / 3pm London / 11pm HKT >> Digital Bazaar Telecon Bridge >> SIP: payswarm@digitalbazaar.com >> Phone US: +1.540.961.4469 x6300 >> irc://freenode.net/#payswarm >> Duration: 60 minutes >> Scribes: Manu, Longley, Lehn, Joseph >> ========== >> >> Agenda >> >> 1. Internet Governance Forum 2014 >> * http://www.intgovforum.org/cms/ >> 2. Web Payments Workshop Review >> * https://web-payments.org/minutes/2014-web-payments-workshop/ >> 3. Identity, Anonymity, Privacy, and Security >> * https://web-payments.org/minutes/2014-03-24-s6/ >> 4. Current and Future Payment Systems >> * https://web-payments.org/minutes/2014-03-24-s1/ >> 5. Initiating Payments and Digital Receipts >> * https://web-payments.org/minutes/2014-03-24-s5/ >> >> -- manu >> >> -- >> Manu Sporny (skype: msporny, twitter: manusporny, G+: +Manu Sporny) >> Founder/CEO - Digital Bazaar, Inc. >> blog: The Worlds First Web Payments Workshop >> http://www.w3.org/2013/10/payments/ >> > > >
Received on Tuesday, 8 April 2014 12:58:53 UTC