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Description
One of the key issues currently under discussion
in the field of e-commerce is that of electronic signatures
and certification authorities. These are technological and administrative frameworks that
permit parties to an on-line transaction to obtain
legally-satisfactory assurances as to the identity and intent
of each other, in a fashion similar to existing frameworks for
everyday commercial transactions. Many of the current standards on electronic authentication,
digital signatures, and certificates are based on ITU global
telecommunications recommendations, notably ITU-T
Recommendation X.509.
As the Internet is inherently global and
borderless, an important question is whether electronic
signatures will be recognized in all of the countries
concerned or affected by a particular transaction. The global nature of
e-commerce raises both substantive issues of applicable law
and procedural matters as to cross-border recognition of
national certificates.
Already, several countries have adopted
legislation on electronic signatures and certification
authorities, and the matter is under active consideration in
many other nations. In
addition, efforts are already underway at UNCITRAL to develop
an international model-law approach to electronic signatures
and there are numerous private initiatives aimed at reaching
consensus on the general principles that should be applied to
electronic signatures in a cross-border environment.
Developments
in this area will have a direct and vital impact on the
telecommunications community. As the companies that provide infrastructure services
for electronic commerce, telecommunication operators are
directly concerned by such issues as standards, the cost to
implement processing of electronic signatures and potential
liability for failed transactions. Of particular concern
are transactions that cross national borders, and for which
different legal approaches or regulations may apply.
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