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Avv. Andrea Buti ADR CENTER Parts Identification and attribution of legal acts in ODR systems. 2009 Workshop International on ADR/ODRs (Alternative / Online.

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Presentation on theme: "Avv. Andrea Buti ADR CENTER Parts Identification and attribution of legal acts in ODR systems. 2009 Workshop International on ADR/ODRs (Alternative / Online."— Presentation transcript:

1 Avv. Andrea Buti ADR CENTER Parts Identification and attribution of legal acts in ODR systems Workshop International on ADR/ODRs (Alternative / Online Dispute Resolution) "Construint ponts: marc jurídic i principis" Barcelona, Espanya, 15 de setembre 2009

2 Avv. Andrea Buti ADR CENTER 1.Identification of the provider and disputants Identify the provider of the service and verify the correctness of any information eventually yield - Article 2 letter e) Directive 2000/31/EC How to verify if really either fictitious digital identity of ODR services provider: phishing (fishing) ? Same problem on e-commerce either - given the sensitive nature of the service rendered - is desirable to use a higher standard to identify?

3 Avv. Andrea Buti ADR CENTER 2.1 Electronic signatures in the ODR. Is electronic signatures circulation enough ? Different circulation beetwen professionals and consumers Obstacle either guarantee ?

4 Avv. Andrea Buti ADR CENTER 2.2 Typology and interoperability problems Simple or advanced electronic signatures ? (Digital Signature in Italy) PKI: exclusive availability of the holder of the signature and a public part released and made available by a Certifier Other problems due to different standard, software, typefaces

5 Avv. Andrea Buti ADR CENTER 3.Identification and authentication Simple signatures does not wor how personal identify: “data in electronic form attached to or logically associated with other electronic data and used as a method of authentication" Advanced: “an electronic signature which meets the following requirements: be uniquely linked to the signatory; capable of identifying the signatory; be created using means that the signatory can maintain under his sole control; be linked to which it relates in order to allow the identification of any subsequent change of the data”. PKI: exclusive availability of the holder of the signature and a public part released and made available by a Certifier Other problems due to different standard, software, typefaces

6 Avv. Andrea Buti ADR CENTER 3.The attribution of the acts In absence of identification, to whom should be charged any statement or expressions of will, or trading online? (A) the information made automatically by computer systems and (B) knowledge of certain information, data or circumstances that may be known only to certain subject. Civil or criminal liability: can you use IP address (to identify someone) in any case? Using (B) to try to reach assunptions test or evidence (there is some new judiciary ruling in this way)

7 Avv. Andrea Buti ADR CENTER Thank you for your attention


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