Keywords
electronic documents, trust, levels of assurance, e-communications
Abstract
As governments in Canada and elsewhere have considered statutes to ensure that electronic communications are legally effective, they have invariably had to face questions about the reliability of those communications. Can we trust electronic messages, documents, and signatures? Are they the same in law as if they were on paper? What conditions should be imposed in order to give us the right assurances that we can trust them? To answer these questions properly, we need to understand the nature of “trust” and the extent to which legislation can be a source of it, and what other sources should be enlisted to allow prudent legal operations in the digital age.
In this article I raise and suggest answers to a number of questions that arise out of the use of electronic communications. Can we trust electronic messages, documents, signatures? Are they the same in law as if they were on paper? What conditions should be imposed in order to give us the right assurances that we can trust them?
I will be describing the legal policy responses to the ubiquity of electronic communications, with particular reference to electronic commerce and electronic government, and with a focus on how legislation works in this context.
Recommended Citation
John D. Gregory, "Legislating Trust" (2014) 12:1 CJLT.
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Computer Law Commons, Intellectual Property Law Commons, Internet Law Commons, Privacy Law Commons, Science and Technology Law Commons