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.