3. Issues of cross border certification 74 89 25

The Working Group generally felt that it should be able to advance its deliberations on that issue after having considered issues of liability of certification authorities and cross border certification.

In view of the decision made by the Working Group to deal in the draft uniform rules not only with certification authorities licensed by public entities but also with market driven certification authorities (see above, paras. 48 50), it was widely felt that draft article I should deal with the recognition of foreign certificates issued by both types of certification authorities.

The Working Group based its discussion of the issues of cross border certification on the following draft provision

There is a danger of a self fulfilling prophecy, namely, that problems lead to failed States.

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The Commission was generally agreed that the issue could be dealt with in the context of work on certification authorities.

3. Planning of future work on the legal aspects of electronic commerce digital signatures, certification authorities and related legal issues.

In response to questions concerning a certification authority apos s ability to fulfil such a duty, it was stated that the currently available technology allowed a certification authority to respond quickly in those situations.

The Working Group held a general exchange of views on the approach that should be taken for dealing with certification authorities.

73. His delegation also supported the idea of reviewing the mandates of United Nations development organs to see whether a case for rationalization could be made, and, if so, whether some activities could be merged into UNDP.

Given the early stage of its deliberations and the conflicting views expressed on that subject, there was general support to the proposal that the Working Group should keep the above mentioned suggestions as possible working assumptions and should revert to those issues at a later stage, after considering other questions intrinsically related thereto, such as the question of the liability of certification authorities and issues of cross border certification.

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Reference to such criteria was necessary if the draft uniform rules were to deal with certification authorities.

With respect to certification authorities, while the value of market driven standards was recognized by the Commission, it was widely felt that the Working Group might appropriately envisage the establishment of a minimum set of standards to be met by certification authorities, particularly where cross border certification was sought.

For the purpose of considering possible approaches that should be taken for dealing with certification authorities, the Working Group was invited to consider two possible objectives that might be pursued through a definition of certification authority .

His delegation gave a high priority to the need to prepare uniform rules on digital signatures, certification authorities and incorporation by reference.

The Commission s Working Group had considered in detail the legal issues surrounding digital signatures and certification authorities.

Objections were voiced to the inclusion of operation criteria for certification authorities in the draft uniform rules.

Implementation, Certification and Accrediation Issues

Having completed its preliminary consideration of the issues of liability and cross certification under draft articles H and I, the Working Group resumed its deliberations on the issues raised by the definition of certification authority under draft article B (see above, paras. 40 49).

12. Equally important in the area of electronic commerce was the issue of digital signatures and certification authorities.

Questions were also raised concerning the reference, in paragraph (3), to verification of the digital signature in accordance with procedures laid down by the certification authority.

It was important to ensure that draft article I dealt with the issues of cross certification and cross border recognition in a flexible manner.

7. There continue to be shortcomings in the completion of receipt and inspection reports to confirm that goods have been received in satisfactory condition (para. 7 (a)).

In that connection, it was recalled that in the discussion of the issue of liability of certification authorities, a proposal had been made that any certification authority, when issuing a certificate, should be under an obligation to represent that it had confirmed a number of elements (see above para. 70).

The Working Group was reminded of its earlier discussion concerning consumer issues and the liability of a certification authority and the possible limitations or exclusions of liability pursuant to national law or the certification authority apos s certification practice statement.

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To questions that were raised as to how the users could verify the validity of a certificate, it was replied that certification authorities could be required to maintain databases of valid certificates, as some already did, which would be accessible to interested parties for the purpose of verifying the validity of certificates.

I. DELIBERATIONS AND DECISIONS The Working Group discussed the issues of digital signatures, certification authorities and related legal issues on the basis of the note prepared by the Secretariat (A CN.9 WG.IV WP.71).

From all the tasks of the Commission, the most delicate will be the identification question and the criteria for voter eligibility.

In response to a question that was raised as to the legal effects that might flow from the issuance of certificates by non authorized certification authorities, it was suggested that the matter might be dealt with by way of a mere reference to article 7 of the Model Law.

With respect to certification authorities, while the value of market driven standards was recognized by the Commission, it was widely felt that the Working Group might appropriately envisage the establishment of a minimum set of standards to be met by certification authorities, in particular where cross border certification was sought.Ibid., para. 250.

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Prior to beginning its deliberations on issues of cross border certification, the Working Group was reminded that, under the mandate it received from the Commission, the Working Group was expected to advise the Commission as to the desirability and feasibility of preparing uniform rules on digital signatures, certification authorities and related issues (see above, para. 9).

Issue 4. Witness protection