LEGISLATING MARKET WINNERS: DIGITAL SIGNATURE LAWS AND THE ELECTRONIC COMMERCE MARKETPLACE

C. Bradford Biddle

No 54u3j, LawRxiv from Center for Open Science

Abstract: The argument goes something like this: Internet commerce is hampered by the authentication problem. There is no reliable way to ensure that the sender of an electronic transmission is in fact who they purport to be. Digital signatures, supported by a “public key infrastructure” of certification authorities (CAs) and certificate databases, can solve this authentication problem. CAs will not emerge under the current legal regime, however, because they face uncertain and potentially immense liability exposure. Additionally, the legal status of digitally signed documents is unclear. Therefore, legislation is needed which defines and limits CA liability and which establishes the legality of digitally signed documents. Such legislation will solve the authentication problem and result in robust Internet commerce.

Date: 2017-08-25
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Persistent link: https://EconPapers.repec.org/RePEc:osf:lawarx:54u3j

DOI: 10.31219/osf.io/54u3j

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