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Electronic Document Certification: A Primer On The Technology Behind Digital Signatures, 17 J. Marshall J. Computer & Info. L. 769 (1999), David L. Gripman Jan 1999

Electronic Document Certification: A Primer On The Technology Behind Digital Signatures, 17 J. Marshall J. Computer & Info. L. 769 (1999), David L. Gripman

UIC John Marshall Journal of Information Technology & Privacy Law

This comment will discuss the technology behind electronic document certification: digital signatures which enable parties to sign their names electronically to documents over the Internet. Part II of this comment will begin by discussing the traditional role of the notary in business transactions. Part II will also introduce encryption technology, digital signature technology, and how a CA can provide extremely reliable electronic document certification using such technologies. Part III will discuss the applications where this technology is being used today, albeit sparingly. Part III further discusses an application currently in development that will use digital signature technology in the future …


Book Versus Byte: The Prospects And Desirability Of A Paperless Society, 17 J. Marshall J. Computer & Info. L. 797 (1999), Charles N. Faerber Jan 1999

Book Versus Byte: The Prospects And Desirability Of A Paperless Society, 17 J. Marshall J. Computer & Info. L. 797 (1999), Charles N. Faerber

UIC John Marshall Journal of Information Technology & Privacy Law

There is an ominous traffic sign on the electronic superhighway to that much- ballyhooed paperless society. It reads: "Road Under Construction--Completion Date Unknown." To be sure, the vaunted superhighway does extend, perfectly paved, for a good distance, as anyone who has ever made a paperless purchase on the Internet will attest, but the highway engineers have so far been stymied from reaching their digital Valhalla by practical hurdles. And there is another hitch: many travelers do not want to get on the superhighway no matter how far it extends. They prefer unpaved horse-and-buggy thoroughfares that are slower but seem to …


The Regulation Of The Internet Encryption Technologies: Separating The Wheat From The Chaff, 17 J. Marshall J. Computer & Info. L. 945 (1999), Kurt M. Saunders Jan 1999

The Regulation Of The Internet Encryption Technologies: Separating The Wheat From The Chaff, 17 J. Marshall J. Computer & Info. L. 945 (1999), Kurt M. Saunders

UIC John Marshall Journal of Information Technology & Privacy Law

Both businesses and private individuals are trying to protect the confidentiality of electronic proprietary data and communications through the use of encryption technology. Encryption technology includes methods such as digital encryption, which uses an encryption algorithm to convert a plain text message to an encoded ciphertext. However, the use of such technology raises concerns for the federal law enforcement and national security authorities, who are concerned that criminals and terrorists will use the technology for their own purposes. Thus, the federal government has used United States national security policy coupled with law enforcement strategies to shape the regulation of encryption …


Document Authentication In Electronic Commerce: The Misleading Notary Public Analog For The Digital Signature Certification Authority, 17 J. Marshall J. Computer & Info. L. 833 (1999), John C. Anderson, Michael L. Closen Jan 1999

Document Authentication In Electronic Commerce: The Misleading Notary Public Analog For The Digital Signature Certification Authority, 17 J. Marshall J. Computer & Info. L. 833 (1999), John C. Anderson, Michael L. Closen

UIC John Marshall Journal of Information Technology & Privacy Law

This essay addresses the use of digital signature technology and the certification authority, and poses the fundamental question of whether the traditional notary public should really serve as the model for the new position of certification authority. This paper begins with an historical review of the concern about document security and the measures taken to deal with those concerns. Second, the paper includes a very brief overview of the technological aspects of the digital signature and its value in the global marketplace. Next, this essay examines the similarities between the traditional notary and the certification authority, including the functions and …


The Liability Of Certification Authorities To Relying Third Parties, 17 J. Marshall J. Computer & Info. L. 961 (1999), Michael J. Osty, Michael Pulcanio Jan 1999

The Liability Of Certification Authorities To Relying Third Parties, 17 J. Marshall J. Computer & Info. L. 961 (1999), Michael J. Osty, Michael Pulcanio

UIC John Marshall Journal of Information Technology & Privacy Law

As Internet technology continues to expand and individuals continue to "log-on" at an ever-increasing rate, business transactions via computers have quickly expanded. Electronic commerce has become a widely accepted way of entering transactions and consummating deals. Consequently, millions and even billions of dollars change hands in transactions utilizing electronic commerce daily. These transactions are conducted between individuals who often have had no prior business relationship with each other. As a result, the need for a trusted third party to authenticate these transactions has become absolutely necessary. However, the laws governing the financial responsibility of these trusted third parties, or certification …


The Utah Digital Signature Act As "Model" Legislation: A Critical Analysis, 17 J. Marshall J. Computer & Info. L. 873 (1999), R. Jason Richards Jan 1999

The Utah Digital Signature Act As "Model" Legislation: A Critical Analysis, 17 J. Marshall J. Computer & Info. L. 873 (1999), R. Jason Richards

UIC John Marshall Journal of Information Technology & Privacy Law

With the current reliance on virtual transactions, the actual source and the authenticity of electronic transmissions must be determined. In realizing this need, Utah was the first state to pass legislation regarding the verification of electronic communications. In 1995, the legislature passed the Utah Digital Signature Act (the "Utah Act"), which mandates the creation of certification authorities - cybernotaries. In addition, the Division of Corporation and Commercial Code would administer rules to facilitate the implementation of the Utah Act. Since the codification of the Utah Act, over 35 states and jurisdictions implemented some form of digital or electronic signature legislation, …


The Law Of Electronic Commerce And Digital Signatures: An Annotated Bibliography, 17 J. Marshall J. Computer & Info. L. 1043 (1999), John R. Austin Jan 1999

The Law Of Electronic Commerce And Digital Signatures: An Annotated Bibliography, 17 J. Marshall J. Computer & Info. L. 1043 (1999), John R. Austin

UIC John Marshall Journal of Information Technology & Privacy Law

This bibliography is an annotated list of sources, including books, official documents, and web sites, that discuss the national and international issues surrounding electronic commerce and digital signatures. The sources are quite diverse and offer a wide range of research opportunities, which may save you untold research time by helping to narrow your search. For your convenience, the sources have been organized into several topic categories: Electronic Commerce (In general) Digital Signatures Certification Authorities Infrastructure Models and Authentication Techniques Uniform Commercial Code/ Statute of Frauds and Evidentiary Issues Encryption, Cryptography and Security Issues Foreign and International Aspects. Note that all …


Digital Signatures, The Electronic Economy And The Protection Of National Security: Some Distinctions With An Economic Difference, 17 J. Marshall J. Computer & Info. L. 981 (1999), Raneta Lawson Mack Jan 1999

Digital Signatures, The Electronic Economy And The Protection Of National Security: Some Distinctions With An Economic Difference, 17 J. Marshall J. Computer & Info. L. 981 (1999), Raneta Lawson Mack

UIC John Marshall Journal of Information Technology & Privacy Law

To untangle some of the issues involved in the current digital signature/encryption technology debate, this article will first discuss the relevant technologies and their applications in the online environment. This discussion will demonstrate that while digital signature technology utilizes encryption as part of its process, in most instances, its primary purpose is not the confidentiality of a particular Internet transmission, but the ability to authenticate and verify the participants in an online communication. This article will further explore the competing interests involved in the encryption/digital signature debate by analyzing recent case authority and administrative policies that address the government's ability …


Potential Liability Under The Illinois Electronic Commerce Security Act: Is It A Risk Worth Taking?, 17 J. Marshall J. Computer & Info. L. 909 (1999), Stephen G. Myers Jan 1999

Potential Liability Under The Illinois Electronic Commerce Security Act: Is It A Risk Worth Taking?, 17 J. Marshall J. Computer & Info. L. 909 (1999), Stephen G. Myers

UIC John Marshall Journal of Information Technology & Privacy Law

This Comment argues that the potential liability of digital signatures under the Act is too great and, therefore, is not an effective mode of communication. Part II of this Comment explains the purpose, the significance, and the traditional role of the handwritten signature. Furthermore, Part II establishes the basics of the digital signature process as it relates to each participant. The participants in a digital signature process consist of a subscriber, a recipient, and a certification authority. Part III of this Comment analyzes and argues why the use of digital signatures, under the Act, is too great of a liability …


A Proposed Code Of Professional Responsibility For Certification Authorities, 17 J. Marshall J. Computer & Info. L. 1003 (1999), Dina Athanasopoulos-Arvanitakis, Marilynn J. Dye Jan 1999

A Proposed Code Of Professional Responsibility For Certification Authorities, 17 J. Marshall J. Computer & Info. L. 1003 (1999), Dina Athanasopoulos-Arvanitakis, Marilynn J. Dye

UIC John Marshall Journal of Information Technology & Privacy Law

This comment reviews the proposed code for Certification Authorities section by section and comments on its usefulness in the current legal paradigm.


Digital Recording Of Real Estate Conveyances, 32 J. Marshall L. Rev. 227 (1999), Dale A. Whitman Jan 1999

Digital Recording Of Real Estate Conveyances, 32 J. Marshall L. Rev. 227 (1999), Dale A. Whitman

UIC Law Review

No abstract provided.


Authors Stripped Of Their Electronic Rights In Tasini V. New York Times Co, 32 J. Marshall L. Rev. 409 (1999), Michael Spink Jan 1999

Authors Stripped Of Their Electronic Rights In Tasini V. New York Times Co, 32 J. Marshall L. Rev. 409 (1999), Michael Spink

UIC Law Review

No abstract provided.


Notaries Public: A Pathfinder, 32 J. Marshall L. Rev. 1065 (1999), Glenn-Peter Ahlers Sr. Jan 1999

Notaries Public: A Pathfinder, 32 J. Marshall L. Rev. 1065 (1999), Glenn-Peter Ahlers Sr.

UIC Law Review

No abstract provided.


New Technology And A Global Economy Demand That American Notaries Better Prepare For The Future: Upgrading The Current Common Law System May Mean Establishing A New Class Of Cyber Professional, 32 J. Marshall L. Rev. 935 (1999), Milton G. Valera Jan 1999

New Technology And A Global Economy Demand That American Notaries Better Prepare For The Future: Upgrading The Current Common Law System May Mean Establishing A New Class Of Cyber Professional, 32 J. Marshall L. Rev. 935 (1999), Milton G. Valera

UIC Law Review

No abstract provided.