Page 40 - GS190501
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Education




        Again, the existing acquiring processors and economic   A second consideration is privacy. It sounds old fashioned
        assumptions do not need to be revised to function in    to talk about privacy when we have so little of it left –
        the service of  automated merchants.  Today's vending   but I believe legislators will step up to provide some
        machines already  do this  when  you  purchase  a pair  of   rudimentary privacy laws, such as the  new California
        headphones at the airport by presenting your credit card   Consumer Privacy Act.
        to the machine. Where the payor is automated, we simply
        replace the human cardholder with a machine.            Finally, automated transactions in the physical world
                                                                are a slightly new area that is yet to be built. Contracts
        What are the main legal considerations of payments in an   of purchase and sale initiated and executed by machines
        automated world?                                        require drafting and understanding legal terms that are
                                                                more  complicated  than  the  current  purchase  and  sale
        There are three primary considerations for payments in   terms. These terms will challenge lawyers – or their AI
        an automated world. First is consent. Consumer consent is   substitutes.
        hard enough to prove now (as discussed above) and will
        be even harder to prove in cases where consent becomes   It is worthwhile for ISOs to learn about new automated
        a consent not for a single payment but for a complicated   machines to seize the tremendous opportunities that they
        set of rules involving your home, grocery store, car, pets,   present for payments we have not yet imagined.
        family members etc.

        The rules will be so complicated that typical consumers   In publishing The Green Sheet, neither the author nor the publisher is
        might not want to be bothered to understand them all    engaged in rendering legal, accounting or other professional services. If
        – and there might be underwriters who will enter the    legal advice or other expert assistance is required, the services of a com-
        market to insure the risk of faulty automated purchases.   petent professional should be sought. For further information on this
        In today's world, a three year-old-child plays with an   article, please contact Adam Atlas, Attorney at Law by email at atlas@
        iPad and spends $1,000 on game tokens. In the automated   adamatlas.com or by phone at 514-842-0886.
        scenario, your refrigerator orders a truckload of milk by
        accident.
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