31 Guardianship and other forms of delegated authority with self-sovereign identity

Kaliya Young, Jack A. Najarian, Esq., Jeff Aresty, Esq., Aamir S. Abdullah, Esq.

“Guardianship” is a concept much discussed in SSI. This chapter takes a critical look at how SSI technologist are using the legal concept of guardianship versus other well-established terms of law. It is authored by three attorneys who specialize in the adaptation of law to cyberspace in general and digital identity in particular—Jack Najarian, Jeff Aresty, and Aamir Abdullah—together Kaliya “Identity Woman” Young, a widely recognized pioneer in SSI who also co-authored chapter 16 on the evolution of the global SSI community.

31.1 Introduction

Before you start using the term “Guardianship,” you should know it doesn’t mean what you think it means.

Guardianship is a term of art defined in the law. The actual definition is precise. The term has become a common colloquialism. Technologists working on SSI and decentralized identity use it to describe holding credentials for other people. However, this is not aligned with the legal definition of guardianship. This difference is important for policymakers and governance framework creators because law and precedent have consequences in the legal system. Acknowledgment of this difference will make it possible for lawmakers and technologists to develop a governance framework for SSI technology that meets both their needs.

31.2 Legal Definitions to Lay the Groundwork

31.3 Types of Legal Agency

31.3.1 Guardianship

31.3.2 Delegation

31.3.3 Conservatorship

31.3.4 Authentication

31.3.5 Fiduciary

31.3.6 Trust

31.3.7 Agency

31.4 The Evolution of Identity Systems

31.4.1 The History of Analogue Identity Technologies

31.4.2 Government Registration

31.4.3 The History of Computer-Based Identity Systems

31.5 What is SSI, Why is it Different, and How it Relates to Both of These Systems