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portada Electronic Signatures: Volume 5: Authentication Technology From a Legal Perspective: Authentication Technology From a Legal Perspective v. 5 (Information Technology and law Series)
Type
Physical Book
Publisher
Author
Year
2004
Language
English
Pages
150
Format
Hardcover
ISBN
9067041742
ISBN13
9789067041744
Edition No.
1
Categories

Electronic Signatures: Volume 5: Authentication Technology From a Legal Perspective: Authentication Technology From a Legal Perspective v. 5 (Information Technology and law Series)

M. H. M. Schellekens (Author) · T.M.C. Asser Press · Hardcover

Electronic Signatures: Volume 5: Authentication Technology From a Legal Perspective: Authentication Technology From a Legal Perspective v. 5 (Information Technology and law Series) - M. H. M. Schellekens

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Synopsis "Electronic Signatures: Volume 5: Authentication Technology From a Legal Perspective: Authentication Technology From a Legal Perspective v. 5 (Information Technology and law Series)"

With these issues the subject of legal usability is not completely covered. Enforcement is perhaps the most obvious issue that is not dealt with. There­ fore I will indicate for what reason enforcement has been omitted as a sepa­ rate issue. This has the following background. A signature may alleviate eviden­ tiary burdens that may arise when enforcing a contract, but enforcing a contract involves much more than evidence of the existence and contents of a contract. E-commerce has opened the possibility to engage in cross­ border business with a low value per transaction. Even if one has the authenticated identity of one's contracting party, it may still be too com­ plicated or expensive to commence legal proceedings against a party. A signature does not in itself result in compliance with contracts and legal rules. A digital signature may, however, be an important part of a more encompassing enforcement concept. The security dimension of signatures only makes sense if one is really willing to embark upon enforcement (in­ stead of accepting the loss). Enforcement in the Internet environment is not something that can be done on an ad hoc basis. The territorial division of the law hampers enforcement in the borderless Internet envi­ ronment: each country has its own system for determining and adminis­ tering law. Furthermore, traditional courts are not as yet tailored to the enforcement needs that originate from the Internet.

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