The EU Directive on Electronic Signatures--A Worldwide Model or a Fruitless Attempt to Regulate the Future?

The Directive on a Community Framework for Electronic Signatures is an essential and important new legal standard for the regulation of electronic signatures. The following article describes this Directive and assesses whether this new legal framework will be an effective and successful worldwide model or whether it will be rather fruitless. While doing this, I will consider the implementation of the Directive into UK and German law. This will also reveal some possibilities of how the legal status of electronic signatures can or cannot and should or should not be regulated. Furthermore, I will refer to other acts, for example, the UCITA and UETA of the US and the Model Law on Electronic Commerce and Draft Uniform Rules on Electronic Signatures of the UNCITRAL. My result is that the EU Directive is to be approved in general. Only if one said that in an ever-changing world every law was premature or even that in an imperfect world every law was either insufficient or unnecessary, would it be consequent to decline regulation of electronic signatures completely. However, regarding the details, some provisions, for example, the possibility of introducing a voluntary accreditation scheme, are open to criticism.     

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.     

Application of Micro‐Attenuated Total Reflectance Fourier Transform Infrared Spectroscopy to Ink Examination in Signatures Written with Ballpoint Pen on Questioned Documents

Questioned documents examined in a forensic laboratory sometimes contain signatures written with ballpoint pen inks; these signatures were examined to assess the feasibility of micro‐attenuated total reflectance (ATR) Fourier transform infrared (FTIR) spectroscopy as a forensic tool. Micro‐ATR FTIR spectra for signatures written with 63 ballpoint pens available commercially in Korea were obtained and used to construct an FTIR spectral database. A library‐searching program was utilized to identify the manufacturer, blend, and model of each black ballpoint pen ink based upon their FTIR peak intensities, positions, and patterns in the spectral database. This FTIR technique was also successfully used in determining the sequence of homogeneous line intersections from the crossing lines of two ballpoint pen signatures. We have demonstrated with a set of sample documents that micro‐ATR FTIR is a viable nondestructive analytical method that can be used to identify the origin of the ballpoint pen ink used to mark signatures.     

The probative character of Forensic Handwriting Examiners' identification and elimination opinions on questioned signatures

This 5-year study investigated the character of Forensic Handwriting Examiners' (FHEs) authorship opinions on questioned signatures through the medium of blind validation trials. Twenty-nine thousand eight hundred and eleven authorship opinions were expressed by FHEs on trial kits comprising randomized questioned genuine signatures (written by the specimen writer), disguised signatures (written by the specimen writer) and simulated signatures (not written by the specimen writer). Results showed that, as a group, FHEs were significantly more confident at identifying writers' genuine signatures than identifying writers' disguised signatures or eliminating specimen writers from having authored simulated signatures. It is proposed that the difference in FHE confidence arises from the difficulty they have in deciding which alternative authorship explanation accounts for perceived combinations of similar and dissimilar features between specimen and questioned signatures.     

A Prototype of Mathematical Treatment of Pen Pressure Data for Signature Verification

A prototype using simple mathematical treatment of the pen pressure data recorded by a digital pen movement recording device was derived. In this study, a total of 48 sets of signature and initial specimens were collected. Pearson's correlation coefficient was used to compare the data of the pen pressure patterns. From the 820 pair comparisons of the 48 sets of genuine signatures, a high degree of matching was found in which 95.4% (782 pairs) and 80% (656 pairs) had rPA > 0.7 and rPA > 0.8, respectively. In the comparison of the 23 forged signatures with their corresponding control signatures, 20 of them (89.2% of pairs) had rPA values < 0.6, showing a lower degree of matching when compared with the results of the genuine signatures. The prototype could be used as a complementary technique to improve the objectivity of signature examination and also has a good potential to be developed as a tool for automated signature identification.     

The probative character of Forensic Handwriting Examiners’ identification and elimination opinions on questioned signatures

This 5-year study investigated the character of Forensic Handwriting Examiners’ (FHEs) authorship opinions on questioned signatures through the medium of blind validation trials. Twenty-nine thousand eight hundred and eleven authorship opinions were expressed by FHEs on trial kits comprising randomized questioned genuine signatures (written by the specimen writer), disguised signatures (written by the specimen writer) and simulated signatures (not written by the specimen writer). Results showed that, as a group, FHEs were significantly more confident at identifying writers’ genuine signatures than identifying writers’ disguised signatures or eliminating specimen writers from having authored simulated signatures. It is proposed that the difference in FHE confidence arises from the difficulty they have in deciding which alternative authorship explanation accounts for perceived combinations of similar and dissimilar features between specimen and questioned signatures.     

利用数字图像处理技术伪造文件的研究

介绍了利用数字图象处理技术剪贴伪造文件、变造签名、彩色打印伪造原始印文和签名等三种伪造文件的方法及其特点.数字图象处理技术能够克服许多传统伪造方法的"缺点",使伪造的文件达到较高的逼真度.讨论了数字图象处理技术的滥用引发的新问题.     

Are expert penmen better than lay people at producing simulations of a model signature?

Although forensic signature examination is considered to be an identification science, it is a theoretical possibility that an individual may learn to forge another person's signature that is free from indications of simulation behaviours. This proposition was tested in a signature blind trial that was administered to 42 forensic handwriting examiners (FHEs). Participants expressed opinions on the authorship of 100 questioned signatures. The questioned signatures comprised a mixture of genuine, disguised and simulated signatures. Calligraphers formed part of the population of individuals who provided simulated signatures for the trial. A total of 3100 opinions were expressed of which 1254 were correct, 224 misleading and 1622 were inconclusive. Of the opinions expressed regarding the simulated signatures, the misleading score for the calligraphers' forgeries were approximately four times that of the lay persons' forgeries. These results provide strong evidence in support of the proposition that calligraphers are more skilled at simulating signatures than are lay people and can produce forgeries that some FHEs have difficulty detecting.     

From old to new: From internet to smart contracts and from people to smart contracts

Discussing legal issues related to smart contracts on the blockchain is very topical. This article will discuss primarily smart contracts on the blockchain the conclusion and execution of which does not interact with the physical world, as well as briefly touch upon smart contracts on the blockchain which do interact with the physical world. For these smart contracts, it will be determined to what extent existing EU internet laws can help support their development and if not, what is needed to support this. In order to answer this question, the following will be discussed: the rise of e-commerce and in particular the EU internet laws supporting and regulating e-commerce, how smart contracts work and how smart contracts compare with existing technological developments and comparable legal constructs (internet, bank accounts and bank guarantees). Subsequently, it will be explained how the use of smart contracts leads to a shift of confidence, from trust in people to trust in code. On the basis of The DAO hack and the problems that arose, it will be illustrated that this shift to trust in code is not as absolute as is often thought. The article concludes that applying specific EU laws on supporting and regulating e-commerce to smart contracts is difficult for two reasons. First of all, the starting points differ: trust in people versus trust in code. Secondly, technical and practical obstacles often inhibit applying internet laws in a meaningful manner. When using smart contracts, it makes more sense to prevent problems from arising than to correct them afterwards. For this reason, it is advocated that programmers work together with lawyers to create better smart contracts and that the legislator focuses on laws dealing with auditing smart contracts code by trusted third parties and automatically equating smart contracts with written contracts with wet ink signatures. This will hopefully facilitate the rise of smart contracts on the blockchain.     

The influence of gender on ability to simulate handwritten signatures: a study of Arabic writers

This study investigates whether a writer's gender can be determined from an inspection of simulated signatures written in the Arabic alphabet or Arabic abjad. It is generally believed that the penmanship of female writers is superior to male writers. There is also reason to expect that superiority in writing skill might contribute to success in simulating the signatures of other writers. Simulated signatures produced by a large population of male (414) and female (312) Arabic writers were graded, and the results were statistically analyzed. Women were found to have a marginal advantage simulating all elements of the signatures, but there was no statistically significant difference between the genders on any of the elements examined.     

The dynamic character of disguise behavior for text-based, mixed, and stylized signatures

The aims of this study were to determine if dynamic parameters (duration, size, velocity, jerk, and pen pressure) differed for signing style (text-based, stylized, and mixed) and if signing style influences handwriting dynamics equally across three signature conditions (genuine, disguised, and auto-simulation). Ninety writers provided 10 genuine signatures, five disguised signatures, and five auto-simulated signatures. All 1800 signatures were collected using a digitizing tablet resulting in a database of each signature's dynamic characteristics. With genuine signatures, there were significant differences between styles for size, velocity, and pen pressure, and there were significant differences between genuine signatures and at least one of the un-natural signature conditions for all parameters. For velocity and size, these changes with condition were dependent on style. Changes with condition for the other parameters were similar for the three styles. This study shows that there are differences among natural signature styles and disguise behaviors that may be relevant in forensic signature examinations.     

A parameter study regarding the IBIS correlator

The electronic system IBIS has been used by numerous agencies worldwide as the standard tool to compare firearm markings on bullets and fired cartridges. There is a general interest among users concerning the likelihood with which the IBIS correlator may locate hits in its databases. Test results of the performance under different test conditions have been published in various papers. Experience has also been gained with the IBIS system from years of practical usage. All of these findings are difficult to compare with each other. No systematic presentation exists that actually shows the parameters upon which the success rate of the IBIS correlator depends. There has also been no mention of what values these parameters take on during each test. This paper first generally defines the success and error rates of the IBIS correlator. The parameters used will be discussed. Results of previously published tests will be re-examined based on this methodology. An illustrative form of presentation for the success rate of an electronic comparison system will also be suggested. It will be shown that the success rate of the IBIS correlator highly depends on the quality of the firearms-generated markings. It increases with the number of considered mark types, the number of available signatures per firearm, and the number of items inspected in the hit list. The success rate decreases with the database size. The paper will conclude with a series of practical recommendations for the setting up and successful operation of an electronic collection of ballistic evidence.     

Heroin impurity profiling: trends throughout a decade of experimenting.

Heroin is still one of the most frequently abused drugs of today. All over the world, law enforcement agencies try to eradicate the illicit production and trafficking of this potent and highly addictive narcotic. To this aim, important information is provided by physical and chemical toxicological analysis of confiscated samples, with special attention for the identification and the quantification of minor components, such as the impurities related to the origin and manufacturing. By combining these data complex characterisations, i.e. impurity profiles, chemical signatures or fingerprints, can be obtained and used for comparative analysis. This review focuses on heroin impurity profiling during the 1990s, proclaimed by the United Nations as the 'Decade for Eradicating Drug Abuse'. Special attention will be given to the new trends in analytical techniques as well as in data handling strategies, so called chemometrics, to produce these profiles. The latter can be used in comparative analysis of seized heroin samples for tactical (batch-to-batch comparison) and strategic (origin determination) intelligence purposes.     

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.     

纸上静态签名笔迹动态特征的提取和分析

目的建立一种新型的定量化签名笔迹鉴别技术。方法建立签名笔迹样本库，导入计算机后，提取签名笔迹的宽度，灰度和弧度等动态特征数据，进行时间归整后，比较签名动态特征之间的相关系数及其规律。结果同一人签名的动态特征之间相关系数高，而与代签签名、临摹签名和套摹签名均有显著差异。结论本研究开发和建立了一整套检测、提取和分析纸上签名笔迹动态特征的工具和方法，该方法能有效鉴别本人签名和非本人签名。     

Forensic Analysis of Digital Dynamic Signatures: New Methods for Data Treatment and Feature Evaluation

This study explored digital dynamic signatures containing quantifiable dynamic data. The change in data content and nature necessitates the development of new data treatment approaches. A SignPad Omega digitizing tablet was used to assess measurement reproducibility, as well as within‐writer variation and the occurrence of correctly simulated features. Measurement reproducibility was found to be high except for pressure information. Within‐writer variation was found to be higher between days than on a same day. Occurrence of correct simulation was low for features such as signature size, trajectory length, and total signature time. Feature discrimination factors combining within‐writer variability and the occurrence of correctly simulated features were computed and show that signature size, trajectory length, and signature time are the features that perform the best for discriminating genuine from simulated signatures. A final experiment indicates that dynamic information can be used to create connections between simulation cases.     

Human Identification Using Automatic and Semi‐Automatically Detected Facial Marks

Continuing advancements in the field of digital cameras and surveillance imaging devices have led law enforcement and intelligence agencies to use analysis of images and videos for the investigation and prosecution of crime. When determining identity from photographic evidence, forensic analysts perform comparison of visible facial features manually, which is inefficient. In this study, we will address research efforts to use facial marks as biometric signatures to distinguish between individuals. We propose two systems to assist forensic analysts during photographic comparison: an improved multiscale facial mark system in which facial marks are detected automatically, and a semi‐automatic facial mark system that integrates human knowledge within the improved multiscale facial mark system. Experiment results employ a high‐resolution time‐elapsed dataset acquired at the University of Notre Dame between 2009 and 2011. The results indicate that the geometric distributions of facial mark patterns can be used to distinguish between individuals.     

Linking ammonium nitrate-aluminum (AN-AL) post-blast residues to pre-blast explosive materials using isotope ratio and trace elemental analysis for source attribution

Forensic science practitioners are often called upon to attribute crimes using trace evidence, such as explosive remnants, with the ultimate goal of associating a crime with a suspect or suspects in order to prevent further attacks. The explosive charge is an attractive component for attribution in crimes involving explosives as there are limited pathways for acquisition. However, there is currently no capability to link an explosive charge to its source via post-blast trace residues using isotope ratios or trace elements. Here, we sought to determine if pre-blast attribution signatures are preserved after detonation and can be subsequently recovered and detected. A field study was conducted to recover samples of post-blast explosives from controlled detonations of ammonium nitrate-aluminum (AN-Al), which were then analyzed via isotope ratio mass spectrometry (IRMS) and inductively coupled plasma-mass spectrometry (ICP-MS) for quantitation and profiling of isotopes ratio and trace element signatures, respectively. Oxygen and nitrogen isotope ratios from AN-Al yielded some of the most promising results with considerable overlap within one standard deviation of the reference between the spreads of pre- and post-blast data. Trace element results from AN-Al support the findings in the isotope ratio data, with 26 elements detected in both pre- and post-blast samples, and several elements including B, Cd, Cr, Ni, Sn, V, and Zn showing considerable overlap. These preliminary results provide a proof-of-concept for the development of forensic examinations that can attribute signatures from post-blast debris to signatures in pre-blast explosive materials for use in future investigations.     

Dynamic Characteristics of Signatures: Effects of Writer Style on Genuine and Simulated Signatures

The aims of this study were to determine if computer‐measured dynamic features (duration, size, velocity, jerk, and pen pressure) differ between genuine and simulated signatures. Sixty subjects (3 equal groups of 3 signature styles) each provided 10 naturally written (genuine) signatures. Each of these subjects then provided 15 simulations of each of three model signatures. The genuine (N = 600) and simulated (N = 2700) signatures were collected using a digitizing tablet. MovAlyzeR^® software was used to estimate kinematic parameters for each pen stroke. Stroke duration, velocity, and pen pressure were found to discriminate between genuine and simulated signatures regardless of the simulator's own style of signature or the style of signature being simulated. However, there was a significant interaction between style and condition for size and jerk (a measure of smoothness). The results of this study, based on quantitative analysis and dynamic handwriting features, indicate that the style of the simulator's own signature and the style of signature being simulated can impact the characteristics of handwriting movements for simulations. Writer style characteristics might therefore need to be taken into consideration as potentially significant when evaluating signature features with a view to forming opinions regarding authenticity.