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Parts Identification and attribution of legal acts in ODR systems.

2009 Workshop International on ADR/ODRs (Alternative / Online Dispute Resolution) "Construint ponts: marc jurídic i principis" Barcelona, Espanya, 15 de setembre 2009. Parts Identification and attribution of legal acts in ODR systems. 1. Identification of the provider and disputants.

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Parts Identification and attribution of legal acts in ODR systems.

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  1. 2009 Workshop International on ADR/ODRs (Alternative / Online Dispute Resolution) "Construint ponts: marc jurídic i principis" Barcelona, Espanya, 15 de setembre 2009 Parts Identification and attribution of legal acts in ODR systems.

  2. 1. Identification of the provider and disputants • Identify the provider of the service and verify the correctness of any information eventually yield - Article 2 letter e) Directive 2000/31/EC • How to verify if really either fictitious digital identity of ODR services provider: phishing (fishing) ? • Same problem on e-commerce either - given the sensitive nature of the service rendered - is desirable to use a higher standard to identify?

  3. 2.1 Electronic signatures in the ODR. • Is electronic signatures circulation enough ? • Different circulation beetwen professionals and consumers • Obstacle either guarantee ?

  4. 2.2 Typology and interoperability problems • Simple or advanced electronic signatures ? (Digital Signature in Italy) • PKI: exclusive availability of the holder of the signature and a public part released and made available by a Certifier • Other problems due to different standard, software, typefaces

  5. 3. Identification and authentication • Simple signatures does not wor how personal identify: “data in electronic form attached to or logically associated with other electronic data and used as a method of authentication" • Advanced: “an electronic signature which meets the following requirements: be uniquely linked to the signatory; capable of identifying the signatory; be created using means that the signatory can maintain under his sole control; be linked to which it relates in order to allow the identification of any subsequent change of the data”. • PKI: exclusive availability of the holder of the signature and a public part released and made available by a Certifier • Other problems due to different standard, software, typefaces

  6. 3. The attribution of the acts • In absence of identification, to whom should be charged any statement or expressions of will, or trading online? • (A) the information made automatically by computer systems and • (B) knowledge of certain information, data or circumstances that may be known only to certain subject. • Civil or criminal liability: can you use IP address (to identify someone) in any case? • Using (B) to try to reach assunptions test or evidence (there is some new judiciary ruling in this way)

  7. Thank you for your attention

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