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(a) Digital signature 30 38 10

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(i) The signatory knows that the signature creation data have been compromised or

5. Attribution of digitally signed messages 118 124 37

It was therefore suggested that a default standard for recognizing foreign digital signatures issued in such circumstances might be needed.

Provisions of that type were also relevant for the purpose of determining the effects to be granted to digital signatures and acts related to, or involving the use of, digital signatures.

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1. Where signature creation data can be used to create a signature that has legal effect, each signatory shall

If the draft article contained only the identity criterion in paragraph 3 (a), a court in a jurisdiction with digital signature laws might decide that only a digital signature was appropriate for identifying the parties.

(b) The signature creation data were, at the time of signing, under the control of the signatory and of no other person

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(b) the conditions associated with the use of digital signatures

(ii) The circumstances known to the signatory give rise to a substantial risk that the signature creation data may have been compromised

(ii) That the signatory that is identified in the certificate had control of the signature creation data at the time when the certificate was issued

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However, in order to allow for a wider use of digital signatures, it would be necessary to promote the confidence of the general public in the authenticity of the signatures and in the reliability of the methods being used for their verification.

Therefore, the risk arising from reliance on a digital signature might need to be allocated to the recipient or to the issuer of the digital signature, depending on the type of transaction involved.

As to how such a principle might be expressed, a suggestion was made that paragraph (1) should be redrafted in the form of an irrebuttable presumption to the effect that the holder of a digital signature would be deemed to be the signer of a data message to which that digital signature was affixed.

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B. Specific legal issues and draft provisions on digital signatures

(b) Certificate means a data message or other record confirming the link between a signatory and signature creation data

The number of States not party has thus been reduced to 12 signatory and 8 non signatory States.

(iii) That signature creation data were valid at or before the time when the certificate was issued

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The Working Group was urged not to introduce, in connection with digital signatures, requirements more stringent than those that applied to handwritten signatures.

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It was suggested that a provision along the lines of paragraph (1) might need to distinguish between different kinds of digital signatures (e.g., the various levels of security performed by various algorithms, and the corresponding variation in the costs of digital signatures) and different circumstances under which digital signatures were used.