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1、Computer Law one which is stored on the banks computer, and another, secret key, unknown even to the cardholder, stored on the card itself.When a consumers smartcard is passed through a retail- ers card reader and the consumers PIN number entered,the key stored on the card acts to encrypt the inform
2、ation stored on the card.Card stored information may thus only be read in its encrypted form, except by the banks authentication sys- tem (the same process as in credit card authentication),with the banks encryption key. A further security feature of a smart card is its limited memory:this is suffic
3、ient to retain the encryption key, however, there is not enough room to sup- port a hacking program designed to access the encryption key. Of course,as technology continues to develop,this may not always prove to be the case. It is far from inconceivable that smartcards may be developed which do con
4、tain enough memory to support a hacking program, and therein lie the roots of potential future conflict between technological advancement and security. The chief advantage with smartcards lies in their multi- functional capability (this raises significant liability issues:see below): the Proton syst
5、em, for example, can combine the wide range of payments it can be used for with functioning as a loyalty card,as well as a building access card.During 1998 the Belgian National Health Services issued a smartcard con- taining all necessary data for treatment and reimbursement, fully compatible with a
6、ll Proton services. Multi-currency usage is also a possibility with smartcards.With the introduc- tion of the Euro in 1999,the Proton system has been adapted to make and receive payments in both Belgian Francs and Euros.The Mondex electronic cash system is unique in that it is the only electronic ca
7、sh smartcard that currently supports the use of several different currencies at any one time.Up to five different currencies may be used simultaneously, each stored in a separate pocket area in the cards. Most signifi- cantly,in terms of the emergence of a standard which would make such cards more w
8、idely usable and thus encourage con- sumers to utilize them on a much wider basis, the Proton designers are involved alongside other international partners and with the support of the European Commission in a pro- ject which aims to set up an Interoperable C-SET, i.e. an international standard for p
9、ayments made over the internet using smartcard technology.Such interoperability will be like- ly to be an extremely influential factor in the adoption of such electronic cash solutions and development towards a universal standard. (i) Mobile Phone e-Payments At this point it is worth noting a system
10、 pioneered by Sonera, Finlands largeste telecoms company, called Sonera Mobile Pay. Under this system the user dials a phone number,e.g.on a ticketing or vending machine,using his GSM mobile phone with its smart-chipped SIM card. The machine delivers the requested goods,and the cost of the goods is
11、simply added to the users phone bill. Under this approach it would seem that no actual e-money is involved.But what if the system allowed use of phones that are pre-paid,of the type common in the UK,and thus hold a stored value of talk-time,which is expended with the purchase? Could this count as el
12、ectronic money under Directive 2000/46/EC of the European Parliament and of the Council of 18 September 2000 on the taking up, pursuit of and prudential supervision of the busi- ness of electronic money institutions? That, as they say, may be an interesting question for the courts to decide. (j) Mic
13、ropayment Systems Micropayment systems are digital cash systems which have been specifically designed to be utilized where the informa- tion/objects being paid for cost a fraction of a cent.These sys- tems are divisible into two groups those which involve exchanging tokens,and those which operate on
14、 the basis of a subscription. Clickshare8is a system which facilitates micropayments on a subscription basis, developed specifically with online newspapers / magazines / journals / etc. in mind.The con- sumer subscribes to a publishers journal(s), and is given an identification number which (s)he ma
15、y use to access and download articles from that (those) journal(s). This ClickShare ID may also be used in order to access magazines and articles to which the consumer has not subscribed; this additional cost will be added to his / her subscription, and can be recouped by the publisher of the articl
16、e in question from the original publisher with whom the consumer has subscribed. It should be borne in mind that ClickShare is not a new digital cash system per se.It can,however,be used alongside existing digital cash applications:digital cash vendors may be used by ClickShare Service Providers to
17、obtain payment from their end users. 3. Interoperability Consumers have been slow to take up these new payment methods. Jupiter Communications9correctly forecast that consumer reluctance to adopt digital cash payment systems would continue for the immediate future:the company cor- rectly forecast th
18、at by 2002 electronic cash solutions will still be used in only 1% of online transactions. Despite the relative success of Paypal,it seems unlikely that the figure at the end of 2002 will greatly exceed this prediction. Part of the prob- lem would seem to be that retailers are extremely unlikely to
19、adopt such a wide range of digital cash systems,preferring to stick with systems which accept remuneration via traditional payment cards in online transactions.A standardized applica- tion would allow them to accept payments from a number of different but compatible systems. It is conceivable that t
20、he market may produce a de facto standard (c/f Microsoft Windows). For instance,VisaCash might seem to be a likely contender to succeed in the market selection of a standard, due to the saleabilityof,in large part based on public trust in, the strength if the Visa brand,its international reputation
21、and acceptability. For these reasons the VisaDelta debit card sys- tem caught on very rapidly in the UK,in spite of competition from the already established Switch network. Other barriers to wider adoption of online payment sys- tems include consumer reluctance and cultural preference. Consumer relu
22、ctance may be overcome by appropriate marketing and promotion of the security features of a particular system. Cultural preferences may be harder to change. For example,in Japan,alongside the more common CLSR1804.qxd 7/3/02 2:54 PM Page 239 240 Electronic Payments the Smart Card security worries rai
23、sed in conjunction with online business transactions, there is a widespread cultural preference for using cash in payment rather than credit cards. Reliable, secure electronic cash solutions could help to bring about change,especially in the context of online delivery.10Note, however,that the Mondex
24、 system was proven successful in a broadly similar cultural environment, Hong Kong. Traditional credit card companies, of course, have a strong interest in maintaining the status quo. Moves to preserve market share in the face of competition from newer, e-pay- ment facilities are already being made.
25、For instance,Visa,in conjunction with Yahoo! UK it is simply a marketing approach designed to reach a specific target market internet users who may be tempted by other pay- ment systems. Marbles12is another credit card which may be applied for online (a decision is promised within 60 sec- onds).A ma
26、rbles account can be operated over the inter- net. Again, this is primarily a traditional credit card marketed specifically at the internet user.MasterCard,Visas main rival in the provision of credit cards, opted for an alternative approach: Mondex International Ltd, the provider of the Mondex payme
27、nt system,is a wholly owned subsidiary of MasterCard International. D Dr r S Si immo on n N Ne ewwmma an n and G Ga av vi in n S Su ut tt te er r,Centre for Commercial Law Studies,Queen Mary College,University of London. FOOTNOTES 1 E.g.Mondex. 2 Such as Proton (Belgium), Geldkarte (Germany), MINIpa
28、y (Italy), Avant (Finland),Quick (Austria) and VisaCash (Spain). 3 E.g. library, DSS (Social Security) and NHS (medical) records, as well as driving license,citizen identification and possibly passports. Civil liberties concerns may limit some applications. 4 Essentially ticketing,both single-journe
29、y and season tickets. 5 Incorporating London Underground and London Buses. It will eventually encompass Docklands Light Rail, Croydon Tramlink and others,and is hoped to include the main rail companies. 6See . 7 In the UK :;similar systems operate on both the original US based site at and the German
30、 Amazon site at . 8. 9. BOOK REVIEW Computer Contracts MMo or rg ga an n a an nd d S St te ed dmma an n o on n C Co ommp pu ut te er r C Co on nt tr ra ac ct ts s, , S Si ix xt th h E Ed di it ti io on n b by y R Ri ic ch ha ar rd d MMo or rg ga an n a an nd d K Ki it t B Bu ur rd de en n, , 2 20 00
31、 01 1, , S Swwe ee et t & & MMa ax xwwe el ll l, , h ha ar rd d- -c co ov ve er r p pl lu us s d di is sk k, , 1 16 60 0, , 6 60 04 4p pp p. ., , I IS SB BN N 0 0 4 42 21 1 7 74 42 25 50 0 X X After almost twenty years the co-author of the second to the fifth edition of this work Graham Stedman has
32、with- drawn so that Kit Burden,partner at the City firm of Barlow Lyde and Gilbert,joins the other original co-author Richard Morgan to prepare the sixth edition of this work. As the preface indicates,the purpose of the work is twofold:“To illumi- nate the computer content of agreements and to provi
33、de useable precedents”. The authors take as an illustration:“The pic- ture of a company secretary or legal advisor with little experience of computers who is suddenly asked to look over the computer contractand comment on it. His problem in understanding the contract (let alone looking for pitfalls)
34、 arises chiefly from the computer aspects. This book may help him to understand the main types of computer contract and the provisions he may expect to find in them. We are also concerned for the lawyer or other person involved in drafting a con- tract and to that end have devised a set of precedent
35、s,one of the features of this book”. The main changes to the previous edition are located in Part 3 of the book dealing with computing services. New chapters have been added dealing with outsourcing agreements and Internet contracts. The latter deals with both Internet service provider contracts and
36、 website design agreements. There are also new precedents dealing with an out- sourcing agreement, website hosting agreements and two website access agreements one for business customers and one for consumers. Case law has also been revised since the last edition as well as relevant legislation whic
37、h include the Data Protection Act 1998,the Competition Act 1998,the Contracts (Rights of Third Parties) Act of 1999 and the Electronic Communications Act 2000. The publishers also provide a disk which reproduces the precedents material contained in the book. This represents over 250 pages of materia
38、l overall. A Av va ai il la ab bl le e f fr ro omm S Swwe ee et t & & MMa ax xwwe el ll l, , C Ch he er ri it to on n H Ho ou us se e, , N No or rt th hwwa ay y, , A An nd do ov ve er r, , H Ha an nt ts s, , S SP P1 10 0 5 5B BE E, , U UK K. . U UK K C Cu us st to omme er r S Se er rv vi ic ce e T Te el l: : + +4 44 4 ( (0 0) ) 2 20 0 7 74 44 49 9 1 11 11 11 1. . I In nt te er rn na at ti io on na al l C Cu us st to omme er r S Se er rv vi ic ce e T Te el l: : + +4 44 4 ( (0 0) ) 1 12 26 64 4 3 34 42 29 90 06 6. . CLSR1804.qxd 7/3/02 2:54 PM Page 240