Information Technology

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Electronic Signatures
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Introduction

• Introduction
• Private key encryption
• Public key encryption
• Electronic signatures
• Digitised signatures
• Digital signatures

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Secure Sockets Layer(Transport Layer Security)

• SSL (TLS) provides endpoint authentication and
  communications privacy over the Internet using
  cryptography
• Typically only the server is authenticated
• Mutual authentication requires public key
  infrastructure to permit client/server
  communication to prevent eavesdropping, tampering
  and message forgery.

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SSL TLS

• Visa, MasterCard, American Express and many
  leading financial institutions have endorsed SSL
  for commerce over the Internet.
• SI-Net

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Electronic Signatures

• What is a signature?
• R v Moore Ex Parte Myers, (1884) 10 VLR 322
• L'Estrange  v Graucob 1934 2 KB 394
• Lazarus Estates Ltd v Beasley 1956 1 QB 702
  Denning LJ

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• Lazarus Estates Ltd v Beasley 1956 1 QB 702
  Denning LJ
• Joseph Denunzio Fruit Co v Crane 79FSupp 117
  (1948)
• Smith v Greenville County 188 SC 349

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• R v Frolchenko (1998) QCA 43
• Doherty v Registry of Motor Vehicles (1998)

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McGuren v Simpson 2004 NSWSC 35 (February 2004)

• Based on ETA and common law. Quoted Cheshire
  This relaxation offers a striking instance of
  the way in which legislation may be overlaid by
  judicial precedent.
• the Act ought to be read to accommodate
  technological change and that, accordingly, the
  email sent by the plaintiff constitutes a written
  document.

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• Lockheed-Arabia v Owen 1993 3 All ER 641
• Wilkens v Iowa Insurance Commissioner (1990) 457
  NW 2d 1 (US)
• Law Commission for England and Wales - paper
  Electronic Commerce Formal requirements in
  Commercial Transactions Advice from the Law
  Commission

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Signature

• When is correct form and signature legally
  obligatory?
• Real property transactions
• Wills
• Cheques
• Insurance contracts
• Consumer credit transactions
• Otherwise - no legal requirement for form and
  signature in Australia

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Signature

• Why is some form of signature often desirable?
• To ensure the availability of reliable evidence
  that the party intended to proceed with the
  transaction
• To encourage deliberation and reflection and to
  emphasise that the transaction may have
  significant legal consequences
• To authenticate the identity of the other party

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Electronic Signatures

• Electronic
• Digitalised
• Digital

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Digital signature

• Public key cryptography

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Electronic Transactions Acts

• - signature requirement met if
• a method is used to identify the person and to
  indicate approval
• the method was as reliable as was appropriate
• the person to whom the signature is required to
  be given consents to that requirement being met
  by way of the use of the method

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Electronic Signatures

• Signatures
• ETA
• The UNCITRAL Model Law on Electronic Signatures

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Approach

• The Acts do not state what standard will
  constitute an electronic signature - parties are
  free to agree on what is acceptable under the
  circumstances
• The electronic signature must identify the
  originator sufficiently for the purposes of that
  communication
• The reliability of the signature method chosen
  would be determined having regard to all the
  relevant circumstances at the time of
  transmission (such as available technologies)
• The signature method used should provide a level
  of security appropriate for the transaction

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Electronic Signatures

• Weaknesses (Strengths)
• having regard to all the relevant circumstances
  was as reliable as was appropriate

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Electronic Signatures

• UNCITRAL Model Law on Electronic Signatures
• http//www.uncitral.org/english/texts/electcom/ml-
  elecsig-e.pdf
• Note article 6 (3)

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Electronic Signatures