Improving Confidence in Cross Border Electronic Commerce: Communication, Signatures and Authentication Devices

Journal of Internet Law, Vol. 14, No. 7, pp. 25-34, January 2011

Posted: 15 Mar 2012

See all articles by Anjanette Raymond

Anjanette Raymond

Indiana University - Kelley School of Business - Department of Business Law; Queen Mary University of London, School of Law; Indiana University Maurer School of Law

Date Written: January 10, 2011

Abstract

The vast majority of business communications exchanged through out the world do not make use of any authentication or signature technology. This is because, in the day to day workings of a business, companies are generally satisfied with exchanging messages by email without the need of authentication other than the basic name, title and address oftentimes contained at the bottom of the email communications. Many argue this communication decision is based upon a realization that companies need to be more concerned about cost and complexity with using the technique- then with security itself. However, the legislative bodies cannot stand ideally as the use of electronic commerce is steadily increasing and is oftentimes only partially or haphazardly covered by laws conceived for other media. Consequently, the law needs to balance the needs of business with the legal reality that much of the law was designed for another media and as such needs updating if not reforming. Without mastering this balance, business will not increase its use of devices and will be left unprotected by the law and as such confidence will continue to wane in the electronic commercial world.

Creating trust in electronic commerce is of great importance for its development. To this end, special rules are needed to increase security and certainty in its use - without drastically increasing costs. The solution must be two-fold - first technology that allows for the implementation of security without undue expense and, second a legal structure that improves the stability and certainty of the system. To date, the technology is well ahead of the law - but that may be slowly changing.

Suggested Citation

Raymond, Anjanette, Improving Confidence in Cross Border Electronic Commerce: Communication, Signatures and Authentication Devices (January 10, 2011). Journal of Internet Law, Vol. 14, No. 7, pp. 25-34, January 2011. Available at SSRN: https://ssrn.com/abstract=2019630

Anjanette Raymond (Contact Author)

Indiana University - Kelley School of Business - Department of Business Law ( email )

Bloomington, IN 47405
United States

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
623
PlumX Metrics