Regulating Internet Payment Intermediaries

37 Pages Posted: 30 Sep 2003  

Ronald J. Mann

Columbia University - Law School

Abstract

This paper examines legal and policy issues raised by changes in payment methods related to the rise of the Internet. The two major changes - the rise of P2P systems like PayPal, and the rise of Internet billing systems (EBPP) to replace the use of paper bills and checks - both involve new intermediaries that facilitate payments made by conventional payment systems. The paper first discusses how those systems work. It then discusses problems in the framework currently used to regulate those systems in the United States, which has not been updated to protect consumers from the special problems those systems raise. Finally, the paper considers problems with the potential shift of payments services from the heavily regulated banking industry to new and unregulated Internet-related startups. The paper considers a variety of strategies for producing a level field of competition between banks and the new entities and at the same time providing adequate protection for the consumers that use the systems in question.

Keywords: electronic payments, P2P, EBPP, EFTA, TILA, gatekeepers

JEL Classification: K29

Suggested Citation

Mann, Ronald J., Regulating Internet Payment Intermediaries. U of Texas Law, Public Law Research Paper No. 54; and U of Texas Law, Law and Econ Research Paper No. 007. Available at SSRN: https://ssrn.com/abstract=446420 or http://dx.doi.org/10.2139/ssrn.446420

Ronald J. Mann (Contact Author)

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10025
United States

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