Jane K. Winn

University of Washington Seattle | UW

In 2012, the University of Washington School of Law held a conference to examine the impact of the 2012 Revised Financial Action Task Force standards for combating money laundering and combating terrorism and proliferation financing on the use of mobile money in developing countries as a strategy for financial inclusion. This essay introduces the p...

Mobile money has the potential to be an effective policy instrument for financial inclusion in developing countries, but it also has the potential to fuel money laundering and terrorist financing. The 2012 revised Financial Action Task Force standards attempt to strike a workable balance between the goals of financial inclusion and financial integr...

The International Registry, established pursuant to the Cape Town Convention on International Interests in Mobile Equipment, is a new global electronic commerce system for recording and establishing the relative priority of interests in aircraft equipment. Other examples of global electronic commerce systems include the airline computer reservation...

In 1999, Revised U.C.C. Article 9 governing secured lending was updated to permit the creation “electronic chattel paper” (ECP). Traditional chattel paper is used widely in some sectors of the US economy to finance equipment purchases in part because a chattel paper lender who perfects by taking possession can achieve priority over a pre-existing s...

Unlike the United States, where sales tax is a common form of indirect tax, almost all countries around the world - both developed and developing alike - now impose a value added tax (VAT). In the early 1990s, as part of its comprehensive economic reform program initiated over 30 years ago, the People’s Republic of China implemented a VAT. Monitori...

The global integration of markets has both eroded the sovereignty of national governments in regulating their domestic economies and also given rise to distinctive new forms of regulation whose authority may be largely independent of any national government. Information and communication technologies (ICT) contribute to this trend by supporting the...

In 2007, France created the Regulatory Authority for Technical Measures (l’Autorité de Régulation des Mesures Techniques or ARMT), an independent regulatory agency charged with promoting the interoperability of digital media distributed with embedded “technical protection measures” (TPM), also known as “digital rights management” technologies (DRM)...

Security breach notification laws (SBNLs) may have succeeded in bringing the issue of inadequate information security to the attention of American consumers, but do not appear to be having much impact on the way that American businesses store and use sensitive personal information. This failure is not surprising in light of the extremely limited sc...

The emergence of a global information architecture has fueled regulatory competition among nations and regions to set information and communication technology (ICT) standards. Such regulatory competition can be thought of as a two level game: level one is competition to set ICT standards within a nation or region; level two is competition to set th...

European data protection law establishes certain basic minimum requirements for the collection and processing of personal data. Although data protection laws apply to information without regard to its form, some of the most sensitive issues related to data protection law arise in the context of personal information stored in digital form within com...

National consumer protection laws, some of which date back to the 19th century and many of which date back to the 1960s and 1970s, often fail to address any of the new problems facing consumers as a result of rapid technological innovation and the rapid expansion of ICT product markets. In order to meet these challenges, new consumer protection law...

The US has taken a sectoral approach to information privacy law, resulting in a patchwork of different information privacy rights that vary widely in their scope and strength, and lacks either a general right of data protection or special protections for a defined category of sensitive data. A sectoral approach to information security law is now em...

Contract law provides a framework within which economic relationships can be established and administered, while electronic commerce (e-commerce) provides tools for reducing the costs of those activities. Application of traditional contract law concepts to e-commerce may result in uncertainty which may diminish the efficiency gains from technologic...

As consumer use of information and communication technology (ICT) products grows, the importance of ICT standards in consumer markets also grows. While standards for manufactured products were once developed at the national level in formal standards bodies, standards for ICT products today are more likely to be developed by informal standards bodie...

This article analyzes legislation recently enacted in China to promote the use of electronic commerce among Chinese businesses. It reviews the terms of regulations to promote the use of accounting software by Chinese firms, the electronic commerce enabling provisions of the 1999 Contract Law and the 2004 Electronic Signature Law in light of their r...

Standard developing organizations (SDOs) can help unify uncoordinated economic activities and conflicting business interests by supporting the growth of viable systems of self-regulation. This paper considers three organizations that have successfully combined the roles of SDO and self-regulatory organization: the National Automated Clearing House...

This article examines the role of law reform in promoting the development of technical standards for the authentication of parties engaged in Internet commerce. Law reforms intended to improve the security of Internet commerce can only succeed if they address business, technical and legal issues simultaneously. The EU has used commercial law reform...

Electronic Contracting - understood broadly to include both the Internet downloading of free or purchased software and the use of rolling contracts (shrink-wrap or terms in the box) in the sale of computers or the lease of software - has raised problems, based in part on the novelty of the transactional forms, and in part on the now-standard issue...

The question of what constitutes "spyware" is controversial because many programs that are adware in the eyes of their distributors may be perceived as spyware in the eyes of the end user. Many of these programs are loaded on the computers of end users after the end user has agreed to the terms of a license presented in a click-through interface. T...

This paper proposes a framework for analyzing the legal issues raised by the growth of supply chains as systems for managing contracts. Although supply chains have been widely studied from technological, business and social science perspectives, this is the first sustained analysis of the legal issues they raise, and is based on a review of the lit...

Network effects created by the use of electronic commerce technologies may put pressure on the community of the Muslim faithful to assimilate into global markets that do not comply with the requirements of Islamic law. At the same time, however, they hold the promise of greater access to global markets constituted in a manner that comports with Isl...

This Article critiques a specific set of assumptions about a specific application of digital signature technology that was widely held in the 1990s: that contracts will be formed over the Internet among parties with no prior relationships through reliance on digital signature certificates issued by trusted third parties to establish the identity of...

When UCC Article 9 was revised in 1998, a new provision governing “electronic chattel paper” (ECP) was added. “Chattel paper” is widely used in certain industries to finance the purchase of equipment, and includes loans and leases. Under former Article 9, chattel paper financers who took possession of the chattel paper could gain priority over othe...

This article equates the providers of traditional electronic payment services with the Titans of Greek mythology, and the providers of new electronic payment technologies with the Olympians. Professor Winn concludes, however, that unlike the Titans of Greek mythology, these modern Titans appear to be winning in their battle with the upstart Olympia...

There is a significant relationship between Taiwan’s rapid economic development and indigenous Taiwanese social practices and ideas about law. This relationship has generally been misconstrued or overlooked by much of the academic literature discussing Taiwan’s economic “miracle.” Networks of interpersonal relationships have played a significant ro...