Silicon.com: Legal experts dub Electronic Communications Act 'con fusing'

[Owen Blacker]

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> HEADLINE: Legal experts dub Electronic Communications Act
> 'confusing' PUBLISHED: 4:00pm on Thursday 14th September 2000
> CHANNEL: CFO
> AUTHOR: Pia Heikkila
> SERVICE: http://www.silicon.com
> 
> TEXT OF STORY FOLLOWS:
> 
> The act was intended to clear up legal ambiguities, and lay down a
> framework for companies to move ecommerce forward. But according to
> Dr Brian Bandey, UK computer law specialist, it is not clear on the
> fundamental issue of whether a web transaction with a digital
> signature is a valid form of contract.  
> 
> Bandey told silicon.com: "Despite the government's attempts to
> create greater protection in ecommerce transactions, there are
> loopholes, such as the confusion over what digital signatures
> actually guarantee, and what form of contract is binding."  
> 
> Stuart Hillston, chief technology officer at business campaign
> group Interforum, added: "There are a lot of misconceptions about
> what a digital signature does and how can it be used. Most people
> forget that a digital signature is not the same as a real one. It
> is a technology - when it is correctly used it ensures that your
> data is secure."  
> 
> Bandey also pointed out there is still further legal ambiguity over
> web transactions.  
> 
> "Confusion also remains over web pages themselves - is it a
> document or an HTML program? There is also an issue with
> immutability - web pages can be changed frequently, whereas email
> bears a time testimony which states that the communication actually
> took place."  
> 
> The Department of Trade and Industry was unavailable for comment.
> 
> For more information on digital signatures, see www.interforum.org
> .  
> 
> SILICON SAYS: One of the primary aims of the Electronic
> Communications Act was to lay down a framework of law for
> ecommerce. If what makes an electronic transaction legally binding
> is still unclear, then it has failed. Real clarification is
> essential, and it must come soon.  
> 
> For related stories, see:
> DTI chief endorses digital signatures
> http://www.silicon.com/a34495
> 
> Divided we fall: Data dispute highlights need for international
> laws http://www.silicon.com/a38464
> 
> 
> STORY ENDS
> 
> For more information on silicon.com go to http://www.silicon.com.
> 
> silicon.com - the who, what, when, where and why of ebusiness

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