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Canadian Journal of Law and Technology

Keywords

digital signatures, cryptography, electronic signatures, UNCITRAL Model Law on Electronic Signatures, Public key infrastructure (PKI) cryptography schemes

Abstract

This article will look at the legal framework for electronic signatures under Canadian law and through the UNCITRAL Model Law on Electronic Signatures and evaluate the potential use of identity-based cryptography as a type of electronic signature. While most jurisdictions permit electronic signatures to replace their handwritten predecessors, the criteria of validity for an electronic signature range from liberal to restrictive. Public key infrastructure (PKI) cryptography schemes are considered to meet the juridical conditions of a legal signature under more rigorous legislation that requires an electronic signature to possess certain security attributes. In common law jurisdictions, digital signature schemes such as PKI have not been widely adopted in the private sector for use as secure electronic signatures. This may be due to the fact that they are difficult and awkward for the general public to use, rather than because of doubts surrounding certification authorities. This is not entirely the case in Europe and Latin America, where PKI digital signature schemes have been adopted by various governments programs. Case examples of PKI schemes include electronic identity cards issued by European governments such as Belgium’s eID. Though used by the government, the European private sector has widely neglected PKI electronic signature products. This is partly due to a lack of customer demand.

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