Electronic signatures and security issues: An empirical study

Security concerns with regard to the use of electronic signatures in the electronic environment seem to represent a potential barrier to their usage. This paper presents an empirical study that examines businesses' perceived security concerns with the use of the electronic signature technology for executing contracts and commercial transactions and whether such issues represent a disincentive for their usage. The findings of the study reveal that there are significant security concerns in the business community with regard to the use of electronic signatures. However, such perceptions seem to be primarily driven by a lack of awareness and understanding. Advising prospective users of electronic signatures about the kind of safeguards that could be put in place to minimise risks associated with their usage can be a useful step towards overcoming their fears and hesitance.     

Legal and ethical considerations of biometric identity card: Case for Mauritius

The highly connected nature of the current era has raised the need for more secure systems, and hence the demand for biometric-based authentication methods. In 2013, the Mauritian Government invested massively in the collection of data, and implementation of the national biometric identity card scheme. The latter has suffered a number of contestations among the population, and several cases were consequently filed at the Supreme Court of Mauritius to oppose the use of this biometric card. The main concern was the collection of biometric data which posed threats to the privacy of individuals. Additionally, the collection and retention of biometric data lead to security issues. In this paper, the challenges with respect to the usage of the biometric card are analysed. The laws governing data protection are discussed, together with the legal framework used for data collection and retention. Following the court decisions, several amendments have been made to the existing laws in order to cater for the usage of biometric data for the public interest. Finally, recommendations are made with regards to a legal framework which will enhance the security of biometric data, and eventually encouraging public acceptance of this biometric identification system.     

The legal classification of identity-based signatures

Identity-based cryptography has attracted attention in the cryptographic research community in recent years. Despite the importance of cryptographic schemes for applications in business and law, the legal implications of identity-based cryptography have not yet been discussed. We investigate how identity-based signatures fit into the legal framework. We focus on the European Signature Directive, but also take the UNCITRAL Model Law on Electronic Signatures into account. In contrast to previous assumptions, identity-based signature schemes can, in principle, be used even for qualified electronic signatures, which can replace handwritten signatures in the member states of the European Union. We derive requirements to be taken into account in the development of future identity-based signature schemes.     

Understanding Contemporary Cryptography and its Wider Impact upon the General Law

As the move toward the wider regulation of cryptography, both within the United Kingdom and elsewhere, becomes increasingly irresistible, the degree of understanding afforded to cryptography at the level of policy formation remains underdeveloped, ambiguous and, at times, misleading. One corollary of such solicitude is that a number of the most important and pervasive legal issues that flow naturally from the widespread availability of cryptography remain largely unexplored. This article attempts to remedy these deficiencies. It begins by offering a brief historical perspective before progressing to consider more substantive issues such as cryptography's aims, power, limitations, effectiveness and future. Ignoring, to a large extent, issues of law enforcement, and focusing, in particular, upon both the law of data protection, and, to a lesser extent, the general law of obligations in the United Kingdom, this article argues that the decision to utilise cryptography will not simply prove a matter of choice, preference or expediency, but of legal and commercial necessity in order to avoid the potential imposition of widespread indeterminate liability.     

The use of “security” jargon in sustainable development discourse: evidence from UN Commission on Sustainable Development

The premise of discourse theory in environmental policy is that realities are shaped by language. One discourse that is gaining popularity is the concept of environmental security, a discourse that presupposes environmental threats as urgent. The attempt to cast environmental issues as security issues has resulted in the common use of security jargon, idioms, and metaphors in policymakers’ and politicians’ statements. Various analyses attempt to identify why natural resources are discussed in terms and language of security. However, far fewer studies have attempted to identify differences in the manner in which different types of resources are incorporated into such a discourse by different actors and what variables contribute to this process. This study examines the construction of the security references, security arguments, and language in the statements of the Commission on Sustainable Development dealing with energy and water. We found that international organizations and Non-governmental Organizations were somewhat more likely than state actors to use security references to discuss sustainability issues. The issues securitized are not the traditional high political ones such as regime stability and conflicts, but rather issues more associated with human security, such as access to renewable energy, affordable food, and clean water. The fact that in many statements examined the use of security references was not associated with any existential threat and hence did not comply with the conditions of the Copenhagen School raises some doubts as to whether security language in these statements implies a true securitization move. We also examined whether the use of the term “security” by states was correlated with greater resource scarcity or vulnerability. In the case of water-related sessions, the evidence was mixed, depending on the choice of dependent variable. The results from energy security regressions, however, were inconsistent with the hypothesis that greater scarcity or vulnerability induces more use of security language.     

Introduction of a national electronic patient record in The Netherlands: some legal issues

The electronic patient record (EPR) is a major technological development within the healthcare sector. Many hospitals across Europe already use institution-based electronic patient records, which allow not only for electronic exchange of patient data within the hospital, but potentially also for sharing medical data with external healthcare providers, involved in the patient's care, such as general practitioners or pharmacists. In this article, we discuss the attempt made by the Dutch government to introduce a nationwide electronic patient record (n-EPR). Describing and analyzing the new legislation that is currently being developed to establish the infrastructure for the n-EPR and the related legal issues, we conclude that the introduction of a n-EPR give rise to some substantial concerns. These vary from technical and quality issues such as the reliability of patient data and sufficient standardization and interoperability of the systems used, to issues in the field of data security and confidentiality. For a successful introduction of the n-EPR within the healthcare sector, a condicio sine qua non is that the related legislation provides sufficient safeguards and clarity with respect to the responsibilities and liabilities of its main users: the healthcare professionals.     

Scenario study of biometric systems at borders

This paper examines and compares the existing privacy instruments of VIS and US-VISIT systems in addressing the specific legal issues and challenging the privacy-invasive behaviour in the world of biometrics. A biometric scenario is presented to give a vision of a future society in 5 years from now when biometric technology is more widely used. The objective here is to open up the scope of considering the potential legal risks of the use of biometrics, based upon the present passport and visa application plans in the EU and USA.     

THE RIGHT TO EMPLOYMENT SECURITY IN CHINESE LABOR LAW：LATEST DEVELOPMENTS IN LIGHT OF INTERNATIONAL LAW

Employment security is very often examined from a labor law rather than a human rights perspective. This article looks at the employment security in Chinese labor law from a human rights perspective. The right to employment security includes both negative and positive aspects: a negative right to protection against unfair dismissal, including dismissal for cause and economic redundancy, and a positive right to employment stability. Comparing Chinese labor law with international standards, this article focuses on analyzing important changes in the legislative developments in China in the past years, such as severance pay, labor contract with indefinite duration, and labor dispatching. This article also points out the main deficiencies, such as dismissal on the ground of criminal liabilities, weakness of trade unions and law enforcement, and no exemption of small employers. The article concludes with observing a tendency of Chinese law getting closer to international standards and pointing out the approach China should follow: to enhance employability through vocational training and providing better social security when strengthening the legislative protection of employment security.     

The politics and policies of enhancing trustworthiness for information systems

This article describes how the integration of computing and communications complicates policy choices for protecting information systems. The technical challenge in the aggregate can be labeled “trustworthiness.” Its dimensions include information security, privacy of personal data and system safety and reliability. Although a holistic technical approach is promising, forging a consistent policy solution is another matter. Proposals for new institutions recur, while calls for public‐private partnership are a new theme. Yet industry signals growing discomfort with government programs associated with national security and law enforcement, fueling conflict and controversy over cryptography policy. Meanwhile, more federal agencies are addressing relevant issues, and more private sector organizations have entered the advocacy game. The article describes multiple policy legacies, key players and perspectives and policy trends. It outlines issues that shape the context for policy that responds to dependence on networked information systems.     

Restrictions on cryptography in India – A case studyof encryption and privacy

The developments of technology in communications industry have radically altered the ways in which we communicate and exchange information. Along with the speed, efficiency, and cost-saving benefits of the digital revolution come new challenges to the security and privacy of communications and information traversing the global communications infrastructure. As is with any technology the misuse of technology is noticed similarly the encryption technology. Encryption and other advanced technologies may be used, with direct impact on law enforcement and therefore some restrictions are necessary in the interests of national security. The problem, however, is ensuring that the restriction is legitimate and solely for in the interests of national security, the state not being allowed to interfere and keep a track on individuals' activities and private lives without sufficient cause. The individual needs encryption to protect their personal privacy and confidential data such as medical information, personal financial data, and electronic mail. In a networked environment, such information is increasingly at risk of being stolen or misused. Therefore, encryption is critical to building a secure and trusted global information infrastructure. Digital computers have changed the landscape considerably and the entire issue, at its simplest level, boils down to a form of balancing of interests. The specific legal and rights-related problems arising from the issue of cryptography and privacy in the Indian context are examined in this paper.     

Encryption and the first amendment

Recently, only secret government agencies were concerned about cryptography. It now is an important matter for many individuals and businesses who use the Internet. That has led to an intense effort on the part of several governmental agencies to control cryptography. This article provides an explanation of the evolution of cryptography, a synopsis of the evolving cryptography debate, an examination of the different interests represented within the debate and a framework for analyzing the First Amendment issues that are involved. The paper applies the framework to the Clinton administration's initiatives and finds them unconstitutional.     

电子商务领域的密码法律理念与价值思考

随着电子商务的不断发展,密码作为电子商务最底层的信息安全保障被广泛的应用于商业与私人领域,电子签名、身份认证、数字时间戳等电子商务基础应用对密码的需求日益旺盛。面对公众对电子商务中隐私保护的密码需求,世界各国掀起了密码法律变革的浪潮,并引发了电子商务领域密码法律理念的革新及对电子商务领域密码法律价值的再次思考。     

Social networking sites and the legal profession: Balancing benefits with navigating minefields

The purpose of this article is to review the impact of social networking sites on law, the legal profession and dispute resolution. Within a very short period of time, social networking sites such as Facebook, Twitter, and MySpace, combined with social networking hardware platforms, such as iPad, iPhone, Blackberry, and Android, have infiltrated the profession of law and dispute resolution. Many legal professionals now have a social networking profile, use information on social networking sites as evidence, and interact with other lawyers and judges through such forums. This increased interaction in a publically accessible and viewable medium presents a challenge to the legal profession's traditional ideas of independence, confidentiality, and rules of evidence. Social networking mediums are here to stay. Therefore, this article looks at how this trend affects law and the legal profession, what issues it presents to lawyers and judges, whether new laws are necessary to take into account the impact of social networking sites and the benefits of such technology in fostering access to justice and helping parties achieve justice.     

脚步声识别技术研究进展

得益于高性能计算机和深度学习算法的不断进步,生物特征识别技术得到快速发展。脚步声识别技术利用人行走时发出的声音或震动信号实现行走人的身份识别,具有隐蔽性、非接触式、不易被伪造和无需被识别人配合等优点,是一种非常有潜力的生物特征识别技术。本文概述了脚步声识别系统的组成部分、基本概念以及脚步声识别系统的性能评价指标,总结了脚步声识别技术中的信号采集方法及其使用的仪器设备、降噪和端点检测信号预处理关键技术、时频域和声学特征参数提取、各种模式识别方法在脚步声识别技术中的应用等方面的研究成果。最后,系统地分析了脚步声识别技术研究中尚未解决的问题,探讨了该研究领域需要进一步探索的热点问题和未来的发展趋势。     

Having yes,using no? About the new legal regime for biometric data

The rise of biometric data use in personal consumer objects and governmental (surveillance) applications is irreversible. This article analyses the latest attempt by the General Data Protection Regulation (EU) 2016/679 and the Directive (EU) 2016/680 to regulate biometric data use in the European Union. We argue that the new Regulation fails to provide clear rules and protection which is much needed out of respect of fundamental rights and freedoms by making an artificial distinction between various categories of biometric data. This distinction neglects the case law of the European Court of Human Rights and serves the interests of large (governmental) databases. While we support regulating the use and the general prohibition in the GDPR of using biometric data for identification, we regret this limited subjective and use based approach. We argue that the collection, storage and retention of biometric images in databases should be tackled (objective approach). We further argue that based on the distinctions made in the GDPR, several categories of personal data relating to physical, physiological or behavioural characteristics are made to which different regimes apply. Member States are left to adopt or modify their more specific national rules which are eagerly awaited. We contend that the complex legal framework risks posing headaches to bona fide companies deploying biometric data for multifactor authentication and that the new legal regime is not reaching its goal of finding a balance between the free movement of such data and protecting citizens. Law enforcement authorities also need clear guidance. It is questioned whether Directive (EU) 2016/680 provides this.     

China and the International Covenant on Civil and Political Rights: Prospects and Challenges

This article looks at China's engagement with internationalhuman rights treaties and the extent to which this is bringingunderstanding of, and compliance with, international human rightsnorms as a background to China's possible ratification of theInternational Covenant on Civil and Political Rights (ICCPR).It explores, in respect of two particular articles in the ICCPR,Article 14 and Article 6(2), where China stands with its currentdomestic legislation and practice in terms of conformity andargues that there still needs to be significant legal reformin the area of fair trial issues and the use of death penaltybefore ratification is possible. Finally, it looks at the stateof civil and political rights in China and the problem of democracyand concludes that although China will unquestionably ratifythe ICCPR, change will still be gradual.     

The status of human cloning in the international setting]

The General Assembly of the United Nations submitted a Declaration on Human Cloning in March 2005. The text of such Declaration was the result of a difficult and long process, taking more than three years. Being a Declaration instead of a Resolution, it has not legal capability in inforcing United Nations members to act according to its recommendations. This article begins with an explanation of several terms referred to cloning. Different countries' legislation on cloning is analyzed. Positions of the same countries at the Convention of the United Nations are as well analyzed. Comparing both countries' views shows that national legislation on cloning is independent and orientated by some countries' particular interests and biological and ethical views on these issues. Future developments on human cloning and its applications will be shared among all countries, both the ones currently allowing and supporting "therapeutic" cloning and the ones now banning it. In such case, it would be important to reach agreements on these issues at an international level. The article discusses possible legislative developments and offers some proposals to reach such agreements.     

Have you signed your electronic contract?

The ease with which business can be transacted over the Internet raises various issues, not least among which are writing and signature requirements. While it has been established that an electronic record is a functional equivalent of writing, the position appears to be less clear with regard to electronic signatures. This paper examines the signature requirement as it applies to electronic contracts, in particular the form of electronic signature that can serve the functional equivalent of a handwritten signature for the purpose of the English Statute of Frauds 1677 and its various re-enactments. Reference will be made to legislation, the relevant UNCITRAL Model Laws and UN Conventions as well as to the substantial body of case law on paper contracts for analytical and comparative purposes.     

Mistaken identity,identity theft and problems of remote authentication in e-commerce

The problem of mistaken identity in e-commerce transactions brings together seemingly unrelated issues: privacy, network security, digital signatures – and classic contract law. Combining an academic exercise with the practical implications of the insecurity of the Internet, this paper draws some unexpected conclusions regarding cases of mistaken identity and exposes flaws in popular legal arguments on the subject. Problems of mistaken identity must be analysed afresh with a number of factors in mind: the more widespread use of fictitious identities in on-line transactions, the higher incidence of identity theft and the greater difficulty of authenticating the other transacting party. The trend to preserve the privacy of Internet users indirectly clashes with efforts to ensure transactional security in e-commerce. An indispensable prerequisite of the latter is the ability to identify the other party to the contract. The problem of mistaken identity is not new – but it assumes a different scale in e-commerce transactions.     

Refugee status determination in Australia: breaking the rules?

This article looks at the asylum regime in Australia. In particular, it evaluates the procedures that are used to assess claims for asylum and the extent to which they meet international refugee and human rights standards. The article discusses four key issues in the adjudication programme: the appointment of decision-makers to tribunals that hear refugee applications, the accessibility of the review process by asylum seekers, questions relating to the efficiency of the procedures used and the mandatory detention system. It is argued that whereas Australia is party to the main international treaties that seek to protect refugees and asylum seekers, its asylum law and policy is in many ways inconsistent with international norms. To conclude, the author proposes the observance of human rights and refugee standards by asylum states. This revised version was published online in July 2006 with corrections to the Cover Date.