Legal Issues On Electronic Authentication

With the rapid development of the use of Internet, e-commerce has brought arevolution to the traditional commercial area. Because of there is essentialdifference between the on-line trade and the traditional one, security problem hasbeen always a crucial issue on the development of the e-commerce. Though thetechnology of electronic signature can solve the security problem in terms ofanti-wiretapping and anti-juggling of the information, it still cannot solve othersecurity problems, such as personating other people's identification and denyingthe deal. The system of electronic authentication can solve the above-mentionedproblems quite well. Based on the technology of encrypt and by means of electronic signature anddigital certification, electronic authentication is a kind of authenticating activityby providing parties with some authenticated information, such as identification,the genuineness and integration of the transferring documents. Among which theCertification Authority (CA) is the core of the system, which providing service todifferent parties using its own credit. CA has its interior structure and externalstructure. Its main function is issuing certificate, authenticating the identity of theapplicant, maintaining database, abolishing or suspending certificate. There are two main types of CA around the world: government- oriented andmarket-oriented. However, government plays an important role in either type ofCA. The requirements of establishing CA are quite different from country tocountry. Generally, there are specific stipulations in terms of the staffs includingsponsor and professional staff, requirements for the soft and hardware, businessplace and certain capital. Digital certificate is an electronic document issued by CA to prove the realidentity and credit of the holder of the certificate. It is a kind of ID on the Internet.Generally there are specific stipulations in terms of the issuing, receiving, storage,expiration, repealing and suspending of the certificate. To strengthen the management of CA will contribute to increasing its creditfor CA is supposed to provide its service based on it credit. The management ofCA can be divided into external and internal management. The legal relations concerning the authentication usually involve threeparties within two contracts. The relationship between CA and the certificateholder is a typical one based on their contract. However, the nature of therelationship between CA and the people who rely on the certificate is stillcontroversial. I believe that The legal responsibilities of CA cover civil, administrative and criminal ones.The main legal responsibility of the certificate holder is civil one.