Digital Signature
Digital Signature Is the First Step to
Paperless Office
Introduction
Nowadays the speed of business connections is increasing
rapidly. In order to be in the frontline of the world competition,
companies are adopting new technologies such as web
conferences, distant work places, internet banking, & usage of
electronic documents. Electronic documents are efficient in
commercial, cost and environment perspectives. Electronic
signature concept is growing in its popularity; the new wave of
electronic office concept will flow over the business world very
soon. There are strong drives to replace paper-based document
circulation with electronic one, replace handwritten signature
with electronic one. However, doing business via internet or
signing e-documents require more security, trust, traceability
and accountability. The new technology of advanced digital
signature has created a base for a secured paperless office.
Enforceability of electronic documents & digital signatures
allows easily exchange legal electronic documents, reduce the
process costs & time connecting with mail and printing. Digital
signature provides more authenticity in comparison to
handwritten signature.
Legal Aspects
US E-Sign
Despite the fact that many US states has already created their
own local laws regarding electronic commerce & signatures or
signed UETA (Uniform Electronic Transactions Act) , on June 30,
2000, US Congress enacted the Electronic Signatures in Global
and National Commerce Act ("ESIGN") in order to facilitate the
use of electronic records and signatures in national and foreign
commerce by ensuring the validity and legal effect of electronic
contracts and to develop a nationwide standard while
preserving the ability of states to modify, limit or supersede
ESign through adoption of UETA.
EU Directive
RF Federal E-Law
There are two main conditions in this law: both private and
public keys should be issued by a certified service provider and
the owner of the signature is only a natural person. The law
provides clear conditions of digital signature usage
UN Convention
1. Legal acts are far from ideal, there is room for Some laws
are incompatible with other laws. For example, there is no
clear indication about e-document and digital signature in
Russian Tax code and many our partners in regions even
don't want to hear about electronic agreements.
The way I work with our partners, which are located very far,
we first sign documents by fax, then we send via post the hard-
copy of documents.
Legal framework
United States
E-SIGN
E-SIGN came into effect after the UETA and the reason behind
this federal intervention is based on the inconsistency of the
states when it came to defining which method could create an
authentic electronic signature. In other words, a federal law was
necessary because state electronic signature and electronic
commerce statutes lacked uniformity.
Canada
Federal
Provincial
Moreover, the Act goes into some detail and sets out very strict
rules about certificates and biometrics and establishes a
harmonization committee to create technical standards for
Quebec.
Cryptography
Conclusion
However, time doesn't stand on the same place, the new types
of signatures will come up soon. The nearest inventions are
digitally encrypted signature (or dynamic signature), which is
based on the handwritten signature but digitalized via writing
process taking into account dynamic signals (pressure &
speed), and biometric signature capturing, the process which
attaches to the e-document some biological data of the
signatory. So, the main question is e-legislation will be as fast
as signature technology?
REFERENCES:
http://www.berr.gov.uk/files/file49952.pdf"e-commerce in
Russia" speech by erkki liikanen, member of the European
commission, responsible for enterprise and the information
society http://www.delrus.ec.europa.eu/ru/news_301.htm
http://out-law.com/default.aspx?page=443
https://www.tractis.com/contracts/490915454#tc174 - list of
legal acts of different countries
http://www.delrus.ec.europa.eu/ru/news_301.htm
http://review.society.cz/index.php?
Itemid=2&id=88&option=com_content&task=view
http://medialaw.ru/e_pages/laws/project/d2-3.htm Federal law in
English
http://www.epam.ru/index.php?id=22&id2=415&l=eng -
http://www.isaacbowman.com/electronic-signatures-in-global-
and-national-commerce-act-esign
http://www.youdzone.com/signature.html
http://www.bankersonline.com/ebanking/ueta.html