The New Virtual Money: Law and Practice

In a world of fading borders, the Internet has become a regular method of buying and selling. However, technological and legal means of guaranteeing secure electronic transactions lag behind the increasing flexibility required by a flourishing "virtual" economy. Furthermore, as virtual money circulates it is susceptible to interception, processing and channeling by any number of corporate interests and public authorities. The questions arise: who is going to control what and why? There are, as yet, no firm answers. This book sets the stage and takes the necessary first steps towards developing a reliable legal regime for virtual money. Its purpose is: to analyze the legal issues raised by internet payment systems, and to explain clearly the solutions already adopted; and to discuss policy issues, with available hypotheses, raised by the convergence of financial services and information technology, and by the advent of virtual money. The authors provide a rigorous assessment of the appropriateness of the relevant existing legal instruments that regulate Internet payment systems, and focus in particular upon the rapidly increasing use of "electronic cash" - on smart cards or in the form of dematerialized electronic tokens - which behaves like cash, in that it can circulate between parties without the intermediation of a financial institution. The text aims to help lawyers, policymakers and business people successfully negotiate the radical transformation under way in all sectors of business and industry.