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Legal Protection Of The Global E-commerce Transaction Security

Posted on:2003-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ChenFull Text:PDF
GTID:2206360065461986Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The marriage of information technology and traditional commerce produces the electronic commerce. With the development of the Internet technology,the electronic commerce is growing rapidly ,it will be the engine of economic growth in 21st century .As a new type of commerce ,the electronic commerce has affected the very aspects of our human being s life . Admittedly,the basic function performed by theInternet is very simple-it transports the digital information from one computer toanother.The rapid growth of global electronic commerce arose out of a serial of new legal questions,for example,the intellectual property right on line,the safety of internettransaction,the protection of privacy,electronic contract-etc. But I think,the mostimportant question is the safety of Internet transaction because the safety is the key of the development of the electronic commerce,so,in my article;I focus my attention on the question of the safety of internet transaction.The question includes four aspects:firstly,the confidentiality of the transaction information;secondly,the integrity of the transaction information;thirdly,the non repudiation of the transaction information;and fourth,authentication of the dealer s identity.Because the transaction information exists as digital form,there are some differences between digital information and traditional written information. How dose the digital information meet the written requirement of the traditional law? So,many electronic signature technologies were devised. At present,the digital signature technology is widely used in the field of electronic commerce because of its safety.Digital signature technology is based on the asymmetric cryptography technology. In the process of digital signature,two keys were used .One is the public key,the another is private key;The private key is used to digital signature,the public key is used to prove the digital signature. So,many legislation s provide that the digital signature has the same legal function with the traditional written signature in spite there are many differences between digital signature and written signature.But the digital signature can only ascertain.the dealer s digital identity. The sender of an Internet communication can not necessarily be presumed to be who he says he is,nor can the sender always be sure of the recipient s true identity. In other words,a user s digital identity has no necessary connection with his physical world identity. This is the problem of identity on line.How to solve the problem of identity? One method of identifying a user is to use the identity information supplied by a trusted third party whose function is to take identification evidence and issue electronic identification tokens (ID certificate). The trusted third party is called certification authority (CA).The CA identifies the user s identity by issuing a ID certificate which contains a number of checked identityinformation about the person to whom it refers,the information include:serial number,identity of CA issuer,starting and ending dates for the certificate,identity of holder,public key of holder etc.However,the provision of identity services raises a number of legal issues which are only being considered by legislators,for instance,the establishment of the CA,the scope of the CA s liability,the limitation of the CA s liability,the reciprocal recognition of certificate issued by different CA which locates different countries. These issues are all worth carefully studying.
Keywords/Search Tags:Electronic commerce, Safety, Digital signature, Certificate Authority, Certificate
PDF Full Text Request
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