Technology neutrality on electronic signatures
| Autor | Ignacio Mendívil |
| Cargo | SeguriDATA |
| Páginas | 69-78 |
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Introduction
Technology Neutrality is an unmovable legislative policy or principle which guarantees non-discrimination practices in favor or against a given technology. In the case of Electronic Signatures, technology neutrality should guard against legislative discrimination in favor or against an electronic signature technique.
A particular type of Electronic Signature called 'Enhanced', 'Advanced' or 'Secure' Electronic Signature has been the center of attention. For example, UNICTRAL on its latest draft1 defines Electronic Signature and Enhanced Electronic Signatures on the following terms:
(a) 'Electronic signature' means [data in electronic form in, affixed to, or logically associated with, a data message, and] [any method in relation to a data message] that may be used to identify the signature holder in relation to the data message and indicate the signature holder’s approval of the information contained in the data message;
[(b) 'Enhanced electronic signature' means an electronic signature in respect of which it can be shown, through the use of a [security procedure] [method], that the signature:
(i) is unique to the signature holder [for the purpose for][within the context in] which it is used;
(ii) was created and affixed to the data message by the signature holder or using a means under the sole control of the signature holder [and not by any other person];
[(iii) was created and is linked to the data message to which it relates in a manner which provides reliable assurance as to the integrity of the message'; ]].
As we can see, an Electronic Signature (ES) can be practically anything but an Enhanced Electronic Signature (EES) is a much narrow concept. The definition implies a security procedure that guarantee uniqueness, sole control, and integrity.
Misunderstandings on the scope or technology neutrality, when applied to electronic signatures, have produced uses and abuses of this policy. The only systematic work in this area, that I’m aware2, UNCITRAL texts, and anecdotes recollections with UNICTRAL readers had lead me to conclude that there is a need to distinguish between science and technology. Technology Neutrality should not be synonymous of Scientific Neutrality.
The purpose of this article is to analyze the scientific alternatives that provide viable technological solutions to an EES.
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Ground Rules
In order to analyze technical alternatives for an EES, some ground rules are to be set. The first question to be answered is: By what means is an EES produced and authenticated? If an EES is produced and authenticated by computerized means then we can conclude that signing and authenticating are computable methods. If an EES can be produced and authenticated by non-computable methods then the ground rules change dramatically.
The first scenario, the computable scenario, is certainly the most familiar. In this case, an EES is produced and verified by a computer. Anecdotes narrated by Michael Baum 2, anecdotes collected by me, texts from UNICTRAL, the original mandate from the General Assembly to the UNCITRAL, and...
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