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Electronic Agents and Signatures: Legal Implications and Requirements, Slides of Fundamentals of E-Commerce

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.

Typology: Slides

2012/2013

Uploaded on 07/29/2013

sharad_984
sharad_984 🇮🇳

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Electronic Agents
Can a party’s intention be expressed by a
computer
Can a computer act as an electronic agent
Ostensible (apparent) authority of agents
Principal is bound where he puts agent in a
position where he appears to have authority
Principal is not bound where it is clear to
others that agent is acting outside ostensible
authority
Applies, by analogy, to electronic agents
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Electronic Agents 

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

Electronic Agents (cont.) Section 15 Electronic Transactions Act (1)

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.

Signatures (cont.) 

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

Signatures (cont.) 

Supplementary considerations

Message integrity  Confidentiality  eCommerce Requirements

Authentication  Non-repudiation = authentication + messageintegrity  confidentiality

Electronic Signatures (cont.) Section 10 Electronic Transactions Act 

adopts minimalist approach  Requires identification, attribution and assent  Does not require signature to verify messageintegrity  Technology used must be “as reliable as [is]appropriate”

Electronic Signatures (cont.) Section 10 Electronic Transactions Act 

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