Legislating Market Winners: Digital Signature Laws and the Electronic Commerce Marketplace

17 Pages Posted: 25 Aug 2017

See all articles by Brad Biddle

Brad Biddle

Arizona State University (ASU) - College of Law

Date Written: July 1, 1997

Abstract

“Legislating Market Winners” argues that certain enacted digital signature laws are premised upon false assumptions, and inappropriately enshrine a business model which would not evolve naturally in the marketplace. In attempting to solve an unsolvable liability allocation problem, such legislation harms consumers and the future evolution of electronic commerce. The article points out that alternative business models can solve the liability allocation problem. Despite obvious flaws, legislation of this type continues to be proposed, partly because the infrastructure created by these laws coincides with the needs of key escrow proponents. Ultimately the article argues that digital signature laws, which impose a particular view of electronic commerce, should be abandoned, in favor of laws which remove specific, well-defined barriers to electronic commerce and which allow the electronic commerce marketplace to evolve unfettered.

Keywords: Standards, Technology, Intellectual Property

JEL Classification: K10, K20, K22

Suggested Citation

Biddle, Brad, Legislating Market Winners: Digital Signature Laws and the Electronic Commerce Marketplace (July 1, 1997). Available at SSRN: https://ssrn.com/abstract=3022170 or http://dx.doi.org/10.2139/ssrn.3022170

Brad Biddle (Contact Author)

Arizona State University (ASU) - College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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