On The Liability Of Certification Authority To Relying Party

The Certification Authority (CA) plays a vital role in creating an environment of trust in which parties can conduct confidential and trustworthy communications. But it is full of puzzle and argument to characterize the relationship between the CA and the Relying Party. Further more it is very difficult to balance the interest between the two parties, in particular when the Relying Party is suffered for the negligence of the CA.Based on comparison with the professional liability to the third party, the article argues that the above relationship should be classified into"trusted"instead of"contractual". The CA should take the liability of tort when the Relying Party suffers for its negligence. The onus of proof should be on the CA as it is a professional organization. Also, as the CA runs a high risk, it is necessary to put a reasonable limitation on its liability. The relating Chinese rules have done a good try on principle level, and should be further revised to make them more effective.