WORLDWIDE ELECTRONIC COMMERCE:
Law, Policy and Controls Conference
****************Program Details****************
Dear Colleague:
Our world is getting smaller. Electronic Data
Interchange (EDI), Electronic Mail (E-Mail) and other
computer-based technologies (that collectively support
Electronic Commerce) are drawing individuals and
organizations closer together. However, these exciting
developments also present significant challenges.
Corresponding audit, controls, legal, policy and security
issues pose potentially serious barriers to the rapid
adoption and extensive use of Electronic Commerce.
Worldwide Electronic Commerce will address the
implementation and control issues inherent in applying
Electronic Commerce to today's environment. The
answers provided at this conference will address current
problems as well as provide a foundation for dealing
with these complex issues in the future. We have been
fortunate to have secured an unusually qualified and
internationally recognized faculty to share their
experience, knowledge and theories on the wide range of
issues identified in this brochure. We are equally
pleased to have obtained a distinguished group of
organizations who, in affiliation with this conference,
are lending their considerable support.
Please join us at this unique and ground breaking event
which will be held on January 16-18, 1994 in New York
City at the Waldorf-Astoria Hotel.
Michael S. Baum, Esq., Conference Chair
M. Todd Ostrander, Conference Co-Chair
WORLDWIDE ELECTRONIC COMMERCE
CONFERENCE PUT ON IN AFFILIATION WITH:
--------------------------------------
American Bar Association,
Section of Science & Technology
Centre for Commercial Law Studies,
University of London
Computer Law Association
EDI Association of the United Kingdom
EDP Auditors Association
Harvard Law School
John F. Kennedy School of Government,
Harvard University
National Institute of Standards and Technology
U.S. Council for International Business
Data Interchange Standards Association
Healthcare EDI Corporation
International Union of Latin Notaries
CONFERENCE AT A GLANCE
----------------------
SUNDAY, JANUARY 16TH - Registration 17:00 - 20:00
-------------------------------------------------
PRE-CONFERENCE TUTORIALS: 18:00 - 19:30
* Electronic Trade Overview for Beginners
* Security and Audit Overview
* A General Counsel's Perspective on Electronic Trade
* Electronic Commerce Policy and Regulation 101
MONDAY, JANUARY 17TH - Registration 7:00 - 18:00
------------------------------------------------
OPENING PLENARY: 8:00 - 8:50
SESSION 1: 9:00 - 10:20
* Will Legislation Keep Up with Electronic Trade?
* Anatomy of a Model EDI Audit Program
* Will Privacy Requirements Inhibit Electronic
Commerce?
* Clearing Houses and Electronic Commerce
SESSION 2: 10:30 - 11:50
* U.S. Efforts in Coordinating Electronic Commerce
Standards Policy
* How to Audit a Third Party/Value Added Network
* What is Cost Effective Commercially Reasonable
Security?
* Anticompetitive Restraints on Trade in Electronic
Commerce
LUNCH 12:00 - 13:30
SESSION 3: 13:30 - 14:50
* Trading Partner and Business Agreements in
Electronic Commerce
* Electronic Negotiability - What Scares the EDI Users
Away?
* INFOSEC Standards Coordination and Interworking
* Time/Date Stamping - Options and Constraints
SESSION 4: 15:00 - 16:20
* United Nations Electronic Commerce Initiatives
* Directory control Issues in Electronic Messaging and
EDI
* Comparing Critical Cryptographic Algorithms and
Standards
* Financial Clearing Houses - a Foundation for EDI?
SESSION 5: 16:30 - 17:50
* Model Electronic Payments Agreements
* What to Save, When to Save It, and For How Long
* Do "Smart Cards" Provide an "Ultimate" Control
Solution?
* The "FAST" Initiative - Business Trust in the
Computer Era?
TUESDAY, JANUARY 18TH - Registration 7:00 - 12:00
-------------------------------------------------
SESSION 6: 8:00 - 9:20
* Negotiating Electronic Trade Agreements
* Back-Up, Archival and Contingency Planning Services
* Security Policy in a Global Information Environment
* Electronic Software Distribution (ESD) - a Pandora's
Box?
SESSION 7: 9:30 - 10:50
* Value Added Networks and Interconnect Agreements
* Do Criminal Laws Really Protect Electronic
Commerce?
* Digital and Electronic Signatures and the Law
* Accreditation and Certification - the New Frontier?
SESSION 8: 11:00 - 12:50
* The ICC Electronic Commerce Initiatives
* Admitting, Proving and Enforcing EDI Transactions
* Re-engineering the Tax Filing Process
* EDI Insurance - the Next Control Approach?
LUNCH: 12:00 - 13:30
SESSION 9: 14:00 - 15:20
* Central and Eastern European Electronic Trade
* The Role and Future of Notaries in Computer-Based
Commerce
* Will Healthcare Reform Profoundly Reshape EDI Law,
Policy, and Controls?
* The Uses of Escrow in Electronic Commerce
SESSION 10: 15:30 - 16:50
* Who Owns the Standards, Functionality and Systems?
* Risk Analysis in Electronic Trade
* Judicial EDI
* EDI Translation Software Control and Legal
Considerations
CONFERENCE PROGRAMMING COMMITTEE:
---------------------------------
Robert Barger, Esq., Section of Science and Technology,
American Bar Association
Michael S. Baum, Esq., Independent Monitoring,
Conference Chair
Susan Caldwell, Executive Director, EDP Auditors
Association
Rachel Foerster and Garren Hagemeier, Healthcare
EDI Corporation
Mark L. Gordon, Esq., Computer Law Association
Jerry Mechling, Ph.D. and Tom Fletcher,Ph.D.,
Kennedy School of Government, Harvard University
Mario Miccoli, Natariat, Unione Internazionale Del
Notariato Latino
Professor Charles R. Nesson, Harvard Law School
M. Todd Ostrander, EDI Program Manager,
Egghead Software, Conference Co-Chair
Chris Reed, Esq. and Ian Walden, Ph.D., Centre for
Commercial Law Studies, University of London
Peter Robinson and Bruce Wilson, U.S. Council for
International Business
Roy Saltman, National Institute of Standards and
Technology
In Memory of the Late Professor Donald Trautman,
Harvard Law School
SUNDAY, JANUARY 16TH:
PRE-CONFERENCE TUTORIAL EVENING SESSIONS
----------------------------------------
The following tutorials provide newcomers to electronic
trade with an overview of the concepts, technologies,
and business practices that will make the conference
more meaningful. These pre-conference sessions are
scheduled from 18:00 - 19:30, January 16th, so that they
will not interfere with the regular conference sessions.
ELECTRONIC TRADE OVERVIEW FOR BEGINNERS
An overview of "Electronic Trade" and how it applies to
the business environment of the '90's & the 21st century.
You will learn about the history and state of electronic
commerce, including EDI, E-Mail, and other enabling
computer-based trade technologies and the components
necessary to implement these technologies successfully
in your industry. Additionally, this session will provide
an overview of electronic commerce-relevant aspects of
the American National Standards Institute (ANSI),
United Nations/EDI for Administration, Commerce and
Trade (UN/EDIFACT) and International Standards
Organization (ISO) standards development processes,
how they affect you, and important differences that
multi-national companies will likely encounter while
implementing them.
SECURITY AND AUDIT OVERVIEW
The basic control structures and security guidelines for
an electronic trade program including cryptographic and
non-cryptographic controls will be discussed in this
tutorial session. This session also provides the 'non-
auditor' with a description of the unique characteristics
of auditing in an electronic trade environment and an
understanding of how auditors must contribute to the
electronic commerce environment.
A GENERAL COUNSEL'S PERSPECTIVE ON ELECTRONIC TRADE
Corporate counsel are increasingly called upon to
respond quickly and effectively to the demands of
accelerating electronic trade implementation programs.
Veteran corporate counsel will summarize the critical
responsive actions they have taken, and provide
perspectives on how they navigated and climbed the
electronic commerce learning curve. This session will
provide the electronic commerce neophyte general
counsel with helpful hints for making the most of the
conference.
ELECTRONIC COMMERCE POLICY AND REGULATION 101
The policy and regulatory issues affecting electronic
commerce continue to grow without an end in sight. As a
primer for an enriching Worldwide Electronic
Commerce conference, this session identifies and
explains the critical policy and regulatory building
blocks (and road blocks) that electronic commerce
professionals simply cannot avoid. It also surveys the
"tools" that are used in policy development and
implementation. This session provides a useful
foundation for many of the policy-oriented sessions.
MONDAY, JANUARY 17TH MORNING SESSIONS
-------------------------------------
SESSION 1: 9:00 - 10:20
-----------------------
1. WILL LEGISLATION KEEP UP WITH ELECTRONIC TRADE?
Viewpoints of law reform experts on the development of
diverse topics of possible legislation affecting
electronic commerce will be presented. Current and proposed
legislation from around the globe will be presented and
considered for its practicality and likelihood of
impacting electronic commerce.
2. ANATOMY OF A MODEL EDI AUDIT PROGRAM
More and more organizations are designing and
implementing enterprise-wide EDI and electronic
commerce systems. Audit standards, guidelines and
practices are in the process of responding to the need for
EDP and MIS systems auditors to have a detailed
understanding of the requirements for auditing EDI
systems. This session will outline the EDI systems audit
requirements and provide an overview of the ASC X12
Model Audit Program currently under development.
Experienced auditors will walk you through the results of
their years of experimentation and implementation and
explain an effective and practical audit program that you
can implement.
3. WILL PRIVACY REQUIREMENTS INHIBIT ELECTRONIC
COMMERCE?
How does personal data communicated among trading
partners and/or the government, particularly in open
systems environments, create barriers to business
transactions? Data protection is a frontier for electronic
commerce. This session will distinguish privacy and
confidentiality and discuss methods to protect companies
from the risks associated with the improper disclosure of
telecommunicated personal data. It will also consider the
economic, privacy or national security requirements and
restrictions imposed by governments, and their impact
on electronic commerce. Various laws and directives,
including the EC's proposed directive concerning the
protection of individuals in relation to the processing of
personal data will be identified and considered in
conjunction with charting a viable approach for
implementation.
4. CLEARING HOUSES AND ELECTRONIC COMMERCE
Clearing houses provide administrative, legal and
technical infrastructure which support various computer-
based commercial trading services to bolster the
reliability and enforceability of electronic transaction
records, reduce legal uncertainty, and generally facili-
tate electronic trade. The scope of implemented clearing
house services depends upon available technology, legal
and security requirements, potential liability, the
availability of insurance, and, of course, business needs
and costs. Clearing house services also extend well
beyond "traditional" clearing house functions to provide
broad-based support as a trusted entity. This session will
detail how clearing houses affect electronic commerce
controls and security.
SESSION 2: 10:30 - 11:50
------------------------
1. US EFFORTS IN COORDINATING ELECTRONIC COMMERCE
STANDARDS POLICY
U.S. public and private sector planning for global
electronic commerce requires coordination of the various
standards supporting electronic commerce, and
developing and presenting comprehensive U.S. positions
in the various international standards setting fora. This
panel will present proposals for improving such
coordination and charting a path forward, and provide an
expert's view on the future. The session will also address
the relevant implications of the recently released report
of the National Performance Review and endorse
initiatives that will potentially catalyze national and
international electronic commerce reform for years to
come. Will these initiatives be successful and how will
they impact business?
2. HOW TO AUDIT A THIRD PARTY/VALUE ADDED NETWORK
This session addresses the 'how to' of conducting audits
of third party service providers including third party
claims clearing houses. What is needed to obtain
clearance to conduct an audit? What questions are
appropriate during the audit? Who should participate in
such an audit? The impact of diverse relevant auditing
standards and guidelines, including those of the IIA, the
AICPA's SAS 70 and other relevant materials will be
discussed.
3. WHAT IS COST EFFECTIVE COMMERCIALLY REASONABLE
SECURITY?
How much security is required in an electronic trade
relationship? What is commercially acceptable and must
commercially reasonable security be cost effective
security? Experts will provide useful guidance on this
very difficult issue.
4. ANTICOMPETITIVE RESTRAINTS ON TRADE IN ELECTRONIC
COMMERCE
This session will identify and provide approaches
concerning three important and frequently asked
questions: Can we force our trading partners to trade
electronically, or can we be forced to do so? Can we be
forced to use particular VANs, or one of a limited
number of specified VANs? Can we charge (or be
charged) a premium for failing to trade electronically?
Antitrust counsel and electronic trade professionals will
provide their perspectives.
MONDAY, JANUARY 17TH AFTERNOON SESSIONS
---------------------------------------
SESSION 3: 13:30 - 14:50
------------------------
1. TRADING PARTNER AND BUSINESS AGREEMENTS IN
ELECTRONIC COMMERCE
This session will present case studies that illustrate how
trading partner agreements (agreements among parties to
electronic trade transactions) have been implemented by
industry and government to facilitate electronic trade.
Agreements that accommodate sales, services and other
types of electronic commerce will be treated. The
session will consider approaches to modifying model
agreements, accommodating scaling and automating
computer-based contracting mechanisms. Various model
agreements, including the soon-to-be released
European/TEDIS agreement will be addressed.
2. ELECTRONIC NEGOTIABILITY - WHAT SCARES THE EDI USERS
AWAY?
Few EDI issues cause such angst in the EDI community
as the issue of negotiability under EDI - whether it is for
securities, bills of lading, letters of credit, or any other
device that depends upon paper to transfer things of
value. Is it the horrendous legal pitfalls that EDI
negotiability presents as some would claim? Or is it that
last vestige of paper that we all are reluctant to let go
of, that causes us to hesitate before committing ourselves
to an all EDI world of commerce? The history of and
current efforts to develop electronic mechanisms in
substitution for paper-based documents of title will be
examined during this session. The panel will address the
major initiatives intended to substitute or accommodate
negotiable and nonnegotiable documents of title in
electronic form, and will explore possible solutions.
3. INFOSEC STANDARDS - POLICY, COORDINATION AND
INTERWORKING
This panel will deal with current and future policy on
information security standardization at the international,
regional and national levels, in particular, with regard to
information security standards as they apply to electronic
trade and commerce. It will also share thoughts and
perspectives concerning future standards direction, work
programs, interworking, and coordination.
4. TIME/DATE STAMPING - OPTIONS AND CONSTRAINTS
Time and date stamping of computer-based transactions
is increasingly recognized as being critical to
nonrepudiation, effective public key certificate and
certificate revocation management, and EDI in general.
This session will survey the technology, implementations
and legal requirements for time and date stamping and
consider the extent to which trusted entities are needed
to implement time and date stamping procedures and
devices, as well as the implications of electronic rather
than human time stamping.
SESSION 4: 15:00 - 16:20
------------------------
1. UNITED NATIONS ELECTRONIC COMMERCE INITIATIVES
This session surveys and opines on some of the UN's
legal initiatives in support of electronic commerce. UN
representatives to both predecessor and current activities
will share their viewpoints on legal developments,
relationships to other international organizations and will
describe their visions for the future.
2. DIRECTORY CONTROL ISSUES IN ELECTRONIC MESSAGING
AND
EDI
This session presents an overview of the audit and
security capabilities and legal implications of
international messaging and directory standards and
recommendations, including X.400, X.435, and X.500.
Industry experts will describe how they have
implemented these standards and addressed the security
issues surrounding their use. Directory-based trading
partner information, including security credentials, is
increasingly indispensable for electronic commerce.
However, privacy, ownership, use, revenue and accuracy
of directory information remain compelling challenges.
The session will also examine directory models, explore
the critical issues and present a path forward.
3. COMPARING CRITICAL CRYPTOGRAPHIC ALGORITHMS AND
STANDARDS
How do I know you are who you say you are? Inventors,
visionaries and pioneer algorithm standards developers
will discuss how cryptographic techniques have been
developed and standardized to address the authentication
of business documents. The practical application of such
technologies and their integration into small, medium
and large business systems will provide an indispensable
road map for improved business processes and reduced
legal and control risks.
4. FINANCIAL CLEARING HOUSE RULES - A FOUNDATION FOR
EDI?
Major funds transfer clearing houses (such as the ACH,
CHIPS, Fedwire) have developed highly sophisticated
rules that address the apportionment of liability among
users, financial institutions and the clearing house. As
clearing houses and other trusted third parties provide
various assurances to the trading public, these clearing
house rules and procedures deserve close attention. A
panel of the counsel and commentators to the major
funds transfer clearing houses will share their collective
experience with a view towards the development of
generalized electronic commerce clearing houses and
electronic security credentialing authorities.
SESSION 5: 16:30 - 17:50
------------------------
1. MODEL ELECTRONIC PAYMENTS AGREEMENTS
Financial EDI is increasingly a growing and
indispensable aspect of electronic commerce. However,
it also presents additional challenges beyond those
covered by standard EDI trading partner agreements and
practices. This session outlines the legal treatment of
financial EDI, its relationship to EFT and funds transfer
mechanisms, and the responsive model financial EDI
agreements, guidelines and critical law reform
initiatives.
2. WHAT TO SAVE, WHEN TO SAVE IT, AND FOR HOW LONG
How long should transactions be saved? Are electronic
documents subject to different retention rules?
International trade rules are in play respecting retention
matters. In the U.S., the Internal Revenue Service
published Revenue Procedure 91-59 to address the
electronic retention period and audit procedures for the
electronic trade environment. To what extent does this
Revenue Procedure as well as other national and
international procedures provide useful models for
international harmonization? This session will address
the pros and cons of using such procedures to change
company internal records retention policies.
3. DO "SMART CARDS" PROVIDE AN "ULTIMATE" CONTROL
SOLUTION?
The need for, and use of, card technologies, including
magnetic stripe, smart cards, and PCMCIA, presents new
options and challenges for the audit, legal and security
communities. The policy issues associated with card
technologies have already surfaced within the electronic
benefit transfer, healthcare informatics, financial
services and many other environments. The panel will
identify the various card technologies and explore the
relevant issues, including those concerning ownership of
data on the card, impact on satisfaction of signature
requirements and cost justification.
4. THE "FAST" INITIATIVE - BUSINESS TRUST IN THE
COMPUTER ERA?
The International Bureau of Chambers of Commerce
(IBCC) - world forum of Chambers of Commerce (of the
International Chamber of Commerce (ICC)), is setting
up an international "registration" and "certification"
chain within EDI. Coordinated by the Belgian Federation
of Chambers of Commerce and Industry, the backbone
of the Certified Electronic Data Interchange For
Administration, Commerce and Transport (CEDI-
FACT) concept included in "FAST" (First Attempt to
Security Electronic Commerce), a trans-European and
trans-sectoral pilot project that will soon commence
under the auspices of the TEDIS program of the
Commission of the European Communities.
TUESDAY, JANUARY 18TH - MORNING SESSIONS
----------------------------------------
SESSION 6: 8:00 - 9:20
----------------------
1. NEGOTIATING ELECTRONIC TRADE AGREEMENTS
A common stumbling block in implementing electronic
trade is the length of time it takes for companies to
negotiate electronic trade agreements. In this session you
will witness a simulated negotiation session between two
trading partners and their counsel. The dialogue will
communicate the benefits and costs of using standard
agreements that are recognized by the majority of
industries, as well as the benefits and cost of not using
a trading partner agreement.
2. BACK-UP, ARCHIVAL AND CONTINGENCY PLANNING
SERVICES
IN ELECTRONIC COMMERCE ACCELERATED TRANSACTION
PROCESSING
OR J.I.T. ENVIRONMENT
Increasingly, the failure to contract for contingency
services may create significant exposure, perhaps
extending to consequential damages. Moreover, the
impact of expedited electronic transactions such as just-
in-time and quick response demand further consideration
of contingency services. This session debates an
appropriate definition of "due diligence" in electronic
commerce; the issues addressed in most commercial
contingency services agreements, and concludes with
predictions on future issues by a panel of recognized
experts.
3. SECURITY POLICY IN A GLOBAL INFORMATION
ENVIRONMENT
This session provides an opportunity to hear two of the
key security policy makers from the Commission of the
European Communities and the United States,
respectively. The speakers will address critical
developing information security policy issues of far
reaching consequence, including whether public key
infrastructure can or should be implemented for both
authentication and confidentiality services or instead for
authentication only; the scope and impact of pilot
projects on cryptographic and secured open systems
policy development; the impact of patents on the
development of ubiquitous secure infrastructure; and
cooperative approaches to a global path forward that will
minimize national and regional fragmentation.
4. ELECTRONIC SOFTWARE DISTRIBUTION (ESD) - A PANDORA'S
BOX?
As in every industry, there are commercial conduct rules
that apply to the software industry. As new methods of
distribution are introduced (discussed) in order to make
it easier for customers of software developers to obtain
and manage software assets within a corporation,
domestic and global legal implications are raised. This
session will discuss issues surrounding ESD and the
proposals to remedy them. Additionally, critical new
technologies and actual implementations will be
identified and demonstrated, with a view towards their
security and control capabilities.
SESSION 7: 9:30 - 10:50
-----------------------
1. VALUE ADDED NETWORK AND INTERCONNECT
AGREEMENTS -
WHO IS LIABLE AND FOR WHAT?
Third Party Service Providers ("TPSPs") including Value
Added Networks ("VANs") and service bureaus have
been quite successful in limiting their liability. This
session examines the history, present status and future
liability of VANS and other TPSPs. The extent to which
VANs can or should be trusted to assure the
confidentiality of user data will be addressed. The panel
will provide practical legal and technical advice at
grappling with these trends. The panel, which includes
general counsel to VANs, will address these issues,
including the enforceability of liability caps, the
enforceability of trading partner terms within their
"system agreements", VAN interconnects and special
considerations for consumer-users.
2. CRIMINAL LAWS REALLY PROTECT ELECTRONIC COMMERCE?
Liability for computer-based criminal acts is a
developing area of the law and therefore, the extent and
adequacy of current law remains uncertain. This session
will identify the critical elements of criminal law
relevant to electronic commerce and describe its
inadequacies. Proposals will be presented for legislative
reform. International prosecution of computer-based
crime will also be considered.
3. DIGITAL AND ELECTRONIC SIGNATURES AND THE LAW
Historically, the written signature has been an important
(and in many cases an indispensable) aspect of
commercial trade. This session will compare
conventional, electronic and digital signature
requirements and techniques, and explain how they are
(or should be) treated in the law. The most authoritative
private and administrative, legislative, judicial and
audit-related decisions, rulings and pronouncements
affecting digital signatures will be presented, and their
future impact explained. You will learn about new methods
for "tying" digital and electronic signatures to pre-
established expectations and purposes. The speakers will
also discuss the format and intent of relevant computer
based "signature" standards and how they can be implemented
in your company/industry.
4. ACCREDITATION AND CERTIFICATION - THE NEW FRONTIER?
Because deserved confidence and trust in electronic
credentials and the infrastructure that issues such
credentials is of vital importance, mechanisms to assure
its accountability, consistency and quality are
indispensable. Certification and accreditation provide a
process of approval or recognition by a trusted body
representing that the subject of such certification and
accreditation has satisfied recognized criteria, typically
concerning quality, performance, ethics, experience,
safety, education or competence. This session considers
the legal, policy and organizational issues associated
with accreditation and certification and its relevance to
the satisfaction of obligations to implement
"commercially reasonable security."
SESSION 8: 11:00 - 12:20
------------------------
1. THE INTERNATIONAL CHAMBER OF COMMERCE
ELECTRONIC
COMMERCE INITIATIVES
The ICC and its national affiliates (such as the U.S.
Council for International Business) have played a
continuing role in the development of electronic
commerce rules and practices, beginning with the
seminal publication of the "UNCID" rules, and
subsequently with initiatives for "EDI-TERMS", "EDI-
ready" INCOTERMS, and other projects. This session
will identify relevant ICC electronic commerce
initiatives, describe the ICC's future role, including
with regard to other international organizations, and
consider the ICC's and USCIB's work in addressing other
information policy and security issues confronting the
global business community.
2. ADMITTING, PROVING, AND ENFORCING EDI TRANSACTIONS
This session will focus on the evidentiary requirements
for electronic trade records and will contrast
requirements for records in paper and electronic form.
Diverse interpretations of foundation requirements of the
Federal Rules of Evidence, key regulatory requirements,
and related issues, including a status report on efforts
to reform the Federal Rules of Evidence that are relevant
to computer-based practices will be presented.
3. RE-ENGINEERING THE TAX FILING PROCESSES
Tax authorities will explain how they are dealing with
the electronic trade environment; and the policy, legal
and security issues involved in electronically interfacing
with national Governments. The implications of these
activities on electronic commerce generally will be
the focal point for this session. Additionally, it will
consider intergovernmental relationships concerning
authority to operate as a VAN or service bureau for the
other, including the TaxNet Government Communications
Corporation (TGCC) initiatives.
4. EDI INSURANCE - THE NEXT CONTROL APPROACH?
This panel will discuss the issues and opportunities
associated with offering and underwriting electronic
information-related risks.. This session surveys important
insurance issues that are either directly applicable to
electronic commerce and cryptography, or that indirectly
provide useful structures which can benefit the
thoughtful consideration of competing approaches to
such infrastructure. The discussion considers
insurance issues in EDI, EFT, VANS, and certification
authorities. To the extent insurance exists, the panelists
will discuss general restrictions and what electronic
information users and vendors can do to standardize and
structure their systems to assist the insurance industry
with broadening the scope of coverages.
TUESDAY, JANUARY 18TH - AFTERNOON SESSIONS
------------------------------------------
SESSION 9: 14:00 - 15:20
------------------------
1. CENTRAL AND EASTERN EUROPEAN ELECTRONIC TRADE -
LEGAL
STATUS AND FUTURE OPTIONS
This session will discuss the present position of several
normative acts and legislative proposals in the Central
and East European countries that are of importance for
the development and use of EDI including: the status of
electronic evidence, the possibilities for electronic
contracting, and the legal requirements of "writing" and
"signature". The case for new legislation in Central and
Eastern Europe, assimilating the consequences of the
development and use of computer applications on the
traditional legal system, as well as the recent proposal
for a new Civil Code of the Russian Federation that
contains a specific regulation on an electronic version of
negotiable documents, will be discussed.
2. THE ROLE AND FUTURE OF NOTARIES IN COMPUTER-BASED
COMMERCE
This session defines and explains conventional notary
laws and practice in both common law and civil law
countries; and considers the business and legal need for
notarial reform to accommodate electronic transactions.
It will also examine the use and sufficiency of forms of
identification as a prerequisite to the issuance of
electronic credentials. Furthermore, the session will
provide perspectives on notarial reform, including
whether current notarial practice can accommodate
electronic commerce, or whether there is a need for an
"electronic notary," a "super notary" or other such
"trusted entities." A panel of distinguished notaires from
around the world will consider whether a Latin-style
notary can or should be introduced in non-civil law
countries and will forecast the future for notaries in a
computer-based world.
3. WILL HEALTHCARE REFORM PROFOUNDLY RESHAPE EDI
LAW,
POLICY AND CONTROLS?
Privacy and security issues surrounding the use of EDI
are advancing to the top of the priorities in the health-
care field. Healthcare costs are a prime concern of
governments and individuals. However, with the rapid
growth of health care information networks and regional
or community healthcare networks, the capture, storage
and retrieval of health care data is essential to the
quality of the health care delivered. Data ownership and
access rights are unresolved, as well as the apportionment
of liability for erroneous or improperly disclosed data.
Moreover, the lack of a national (U.S.) personal
ID/national identifier presents privacy and security
challenges for healthcare and electronic commerce
generally. These issues, with a focus on confidentiality
and privacy issues will be discussed in depth by leading
experts in health care law and EDI.
4. THE USES OF ESCROW IN ELECTRONIC COMMERCE
The scope of escrow agents is much broader in electronic
commerce than in the computer software industry.
Escrow agents are increasingly being used to hold
cryptographic keys associated with the privacy or
authenticity of business transactions. This session will
explain the world of escrow and how it can improve
electronic commerce. The escrow implications of the
Clinton Administration's "Clipper Capstone" proposal
will also be addressed. Copies of escrow agreements will
be distributed and discussed.
SESSION 10: 15:20 - 16:50
-------------------------
1. WHO OWNS THE STANDARDS, FUNCTIONALITY AND
SYSTEMS?
CHARTING A COURSE THROUGH COPYRIGHT ISSUES IN EDI
This session evaluates the ownership, use, repudiation,
licensing, and transfer of rights associated with the
development and use of electronic trade standards in
both paper and electronic form, nationally and
internationally. Representatives from major standards
making entities as well as "vocal" users of the standards
will present the issues and a road map to the future.
The extent to which companies can obtain or enforce
proprietary rights in screen displays, data formats and
similar working aspects of an EDI system will be
considered.
2. RISK ANALYSIS IN ELECTRONIC TRADE
Prior to decision making, an evaluation process occurs
that determines the advantages and disadvantages of an
investment decision. A piece of this process is
sometimes known as "Risk Analysis." This session will
review the process steps necessary to conduct an
effective risk analysis for electronic trade and
investments. The panel will explain the critical
limitations of this process and how it is evolving to
meet the needs of important applications.
3. JUDICIAL ELECTRONIC DATA INTERCHANGE ("JEDI")
The current events, issues and projects associated with
the development of EDI within the Judiciary will be
discussed. The panelists will also review the procedural
and evidentiary rules affecting JEDI, bankruptcy court
JEDI, integration of JEDI with law office and judicial
automation of justice in the future. The most noteworthy
JEDI implementations throughout the world, as well as
JEDI X12 transaction sets and UN/EDIFACT messages
will be surveyed.
4. EDI TRANSLATION SOFTWARE CONTROL AND LEGAL
CONSIDERATIONS
As the heart of an EDI implementation, the adequacy of
EDI translation software is increasingly important to the
legal and control communities. This session will explain
the important audit and security control features of EDI
translation software and address concerns, pitfalls and
remedial actions available to the purchaser of such
software.
REGISTRATION INFORMATION
------------------------
HOTEL & AIRLINE INFORMATION
---------------------------
American Airlines is offering discounted air fares for
the Worldwide Electronic Commerce Conference.
Arrangements may be made by calling American
Airlines at 1-800-433-1790 and referencing "Star" Code
S1814P7.
Continental Airlines is also providing discounted air
travel for the Worldwide Electronic Commerce
Conference. To make reservations, call 1-800-468-7022.
Please reference Identification Code ZAB58.
International travelers: please contact your local
Continental phone number for specially discounted fares.
For this conference, Continental Airlines has waived the
need to stay over a Saturday night to obtain the lowest
possible fare.
The beautiful Waldorf-Astoria Hotel in the heart of New
York City will be the sight of the Worldwide Electronic
Commerce Conference. This prestigious internationally-
acclaimed hotel provides the finest in accommodations
and is offering a special room rate of $159 to all
conference attendees. Reservations can be made by
calling 1-212-355-3000.
CONFERENCE HIGHLIGHTS
---------------------
INTERNATIONAL SCOPE: Most conference sessions
will include one or more persons from a country other
than the United States, or one or more representatives
from international organizations, to provide a
diversity of perspectives and experiences.
CONFERENCE PROCEEDINGS: Conference papers of
all sessions will be bound and distributed to all
participants.
GROUP & STUDENT DISCOUNTS: Discounted
registration fees will be offered to companies sending 3
or more individuals and to qualifying students. Call: 1-
214-516-4900 for more information.
CONTINUING LEGAL EDUCATION: For information
concerning C.L.E. points, call 1-214-516-4900.
HOW TO REGISTER
---------------
REGISTRATION FEE: $550 total conference registration fee.
BY MAIL: Completed forms must be accompanied by a
money order, check, or credit card number (American
Express, MasterCard, or Visa). All checks should be
made payable to Worldwide Electronic Commerce
Conference, P.O. Box 743485, Dallas, Texas 75374,
USA.
BY FAX: Completed forms, when paying be credit card,
may be faxed to 1-214-424-0562.
BY PHONE: Call 1-214-516-4900 for payment by credit
card or questions about the conference.
BY E-MAIL: Worldwide Electronic Commerce can also
be reached on Compuserve at 76520,3713.
REGISTRATION FORM:
------------------
To register, please print out a copy of the form below,
complete it by typing or printing the registration
information and return one completed form with
payment for each registration. Mail to P.O. Box 743485,
Dallas, TX 75374, USA or Fax to: 1-214-424-0562.
_____ I am registering for the Worldwide Electronic
Commerce Conference (Total: $550)
_____ I plan on attending one of the Pre-Conference
Tutorial Sessions. (Select one below):
_____ Electronic Trade Overview
_____ Security & Audit Overview
_____ General Counsel's Perspective
_____ Electronic Commerce Policy
A check is enclosed for $___________ -OR-
Please bill my:___VISA ___MasterCard ___American Express
Card No.______________________ Exp. Date_________________
Name on Card_____________________________________________
Signature________________________________________________
Registrant's Name________________________________________
Title____________________________________________________
Preferred First Name for Badge___________________________
Company / Organization___________________________________
MS / Dept._______________________________________________
Address__________________________________________________
City________________________ State______ Zip_____________
Telephone________________________ Fax____________________
Do You Require Special Handicapped Access? ____Yes ____No
Will you be staying at the Waldorf? ____Yes ____No
Final agenda subject to change, especially as the program
expands and additional speakers are added. CANCELLATIONS
must be received in writing and postmarked no later than
December 22, 1993 to receive a 50% refund of the paid
registration. No refunds will be issued after December 22,
1993, regardless of when the registration is received.
NO SHOWS are liable for the entire conference fee.
SPECIAL ARRANGEMENTS for the handicapped will be made if
requested in advance. To make a request, contact the
"Conference Coordinator" at 1-214-516-4900.
