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The legal aspects of electronic agents and signatures, discussing their intentional expression, authority, and binding power. It also covers the functions, legal requirements, and scenarios of electronic signatures under the electronic transactions act.
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Can a party’s intention be expressed by acomputer Can a computer act as an electronic agent Ostensible (apparent) authority of agents
Principal is bound where he puts agent in aposition where he appears to have authority Principal is not bound where it is clear toothers that agent is acting outside ostensibleauthority Applies, by analogy, to electronic agents
For the purposes of a law of the Commonwealth, unless otherwiseagreed between the purported originator and the addressee of anelectronic communication, the purported originator of the electroniccommunication is bound by that communication only if thecommunication was sent by the purported originator or with theauthority of the purported originator. (2) Subsection (1) is not intended to affect the operation of a law(whether written or unwritten) that makes provision for: a) conduct engaged in by a person within the scope of the person'sactual or apparent authority to be attributed to another person;or b) a person to be bound by conduct engaged in by another personwithin the scope of the other person's actual or apparentauthority.
Subsidiary functions
Legal requirements
Goods worth more than a certain amount Guarantees Sale of land Bill of exchange Wills Certificates by Company directors Focusing attention
Supplementary considerations
Message integrity Confidentiality eCommerce Requirements
Authentication Non-repudiation = authentication + messageintegrity confidentiality
adopts minimalist approach Requires identification, attribution and assent Does not require signature to verify messageintegrity Technology used must be “as reliable as [is]appropriate”
Recognises the need for different levels ofauthentication Caters for technological advances Does not favour one technology Is consistent with international developments(e.g. UNCITRAL) Only applies to Commonwealth law States are enacting parallel legislation
