Electronic Signatures: Authentication Technology from a Legal Perspective

by M. H. M. Schellekens

Overview

The contention that the provision of European Directives on functional legal requirements for digital signature validity solves a core problem of electronic commerce can at best be called naïve. The catch-phrase ‘what holds off line, holds online’ may be in tune with a general emotion towards the invasion of information technology into business; in this book it is made clear that there are no simple shortcuts for the lawyer who is concerned with authenticated digital transactions.

The author first sets out to describe the main aspects of authentication technologies, presenting the technical insights needed to get to the legal semantics of functional equivalence between traditional and digital signatures. The second part of his research focuses on the usability of authentication technology and what it entails for its users. Aspects considered are: qualification as electronic signature; limitations of electronic signatures; the electronic signature as evidence; alternatives to electronic signatures; liability and the burden of proof; and, last but not least, privacy concerns.

The research for this book is based on an in-depth literature study and interviews with highly qualified experts in the field. It provides valuable tools and background information not only for everyone active in or setting out on e-business in its widest concept, but also for practising lawyers and students of information technology.

Dr. Maurice Schellekens is a senior researcher at the Center for Law, Public Administration and Informatization of Tilburg University. He specializes in technology law, with a special emphasis on ICT and law.

This is Volume 5 in the Information Technology and Law (IT&Law) Series

Product Details

ISBN-13:	9789067041744
Publisher:	T.M.C. Asser Press
Publication date:	08/12/2004
Series:	Information Technology and Law Series , #5
Edition description:	2004
Pages:	150
Product dimensions:	6.69(w) x 9.84(h) x 0.02(d)

About the Author

Senior Researcher, Center for Law, Public Administration and Informatization, Tilburg University.

Table of Contents

Abbreviations; 1. Introduction; 1.1 Introduction; 1.2 Defining the problem; 1.3 Outline; 2. Authentication technology: an elementary explanation; 2.1 Introduction; 2.2 Authentication within the internet; 2.3 Dedicated means of authentication; 2.4 Public key encryption; 3. Usability of authentication technology; 3.1 Introduction; 3.2 Qualification as a signature; 3.3 Evidentiary value; 3.4 Semi-legal considerations of usability; 4. Misuse and the burden of proof; 4.1 Introduction; 4.2 The division of risks; 4.3 The division of the burden of proof; 5. Privacy implications of the use of electronic signatures; 5.1 Why privacy?; 5.2 Digital signatures; 5.3 Symmetric encryption; 5.4 Biometrics: the dynamic signature or signature-scan; 5.5 Conclusion; 6. Conclusion; Literature; Appendix; Index.

Editorial Reviews

"Electronic Signatures is a slim volume, but not one that can be taken up lightly. It is solidly researched and maintains a healthy balance between larger principles and specific applications."
The Law and Politics Book Review, Philip A. Dynia, Loyola University New Orleans

"In all, Electronic Signatures has many informative features. The abbreviations in the beginning of the book offer a quick reference guide for literature in this area. Outlines at the start of each chapter are also quite helpful. The book is divided into clear sections and subsections with appropriate headings. The author uses easily understood language and deals well with the legal issues."
Jurimetrics - the Journal of Law, Science, and Technology

From the Publisher