Exceptions may apply if there is a demonstrable and compelling public policy interest for a government to provide a moderating or protective role, for example, to protect the public safety or prevent fraud. A consistent, harmonized legal framework will promote the growth of global electronic commerce. Because closed systems are likely to grow significantly in number and size, particularly at the international level, and because these systems have the ability to create global interoperability so long as they are left unimpeded by national regulation, a harmonized legal framework can be fostered by providing a reasonable level of certainty that system rules will be recognized and enforced internationally. Neither authentication service providers nor users will be served by a premature designation of technologies or rules which are created for the sole purpose of erecting a uniform framework. Governments should not unreasonably discriminate against electronic authentication methods or providers from other jurisdictions or erect improper non-tariff barriers to trade.
Electronic commerce occurs over an inherently global medium.
Users of electronic authentication can profit from free and fair competition among service providers, including those located outside their national jurisdiction. In addition, governments should not unreasonably discriminate against electronic authentication technologies that originate in other jurisdictions or against communications that are authenticated by entities located in other jurisdictions. They should avoid any action likely, directly or indirectly, to preclude or discourage innovation in authentication technologies or new applications for those technologies. Governments should avoid laws that force the private sector to designate a particular technology for electronic authentication.