Digital Evidence and Electronic Signature Law Review

from January 2004
Last Number: October 2008

Stephen Mason

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Nbr. 4, January 2007

Article

Admissibility of Computer Evidence in Tanzania

Alex B. Makulilo considers the issues accompanying the meaning of a digital document, and offers suggestions for the amendment of the Tanzania Evidence Act.

E-Commerce for Notaries in England & Wales

Michael Lightowler discusses the previous work by notaries on electronic notarization, and sets out the most recent changes that are taking place.

Electronic Signatures: Value in Law and Probative Effectiveness in Greece

Dr. Komninos Komnios sets out the law on electronic signatures in Greece and outlines how electronic signatures are evaluated in court, with reference to case law.

European Civil Law Notaries Ready to Launch International Digital Deeds

Bernard Reynis and Ugo Bechini set out the changes brought about by the adoption of technology by notaries in France and Italy.

Integrating Qualified Electronic Signatures With Password Legacy Systems

Heiko Roßnagel and Jan Zibuschka propose a method to achieve single sign on using qualified electronic signatures that can be used for all e-commerce sites.

Lorraine v Markel: Unnecessarily Raising the Standard for Admissibility of Electronic Evidence

Brian W. Esler discusses the implications of the lengthy opinion of United States Magistrate Judge Paul W. Grimm in relation to the authentication of electronic evidence.

Professionalism in Digital Forensics

Alastair Irons and Anastasia Konstadopoulou explore some of the issues that affect the emergence of a new breed of expert: the digital forensic specialist.

Telematic Land Registers: The Role Of The Civil Law Notary

Michele Nastri provides an insight into the factors to be taken into account when devising an e-conveyancing scheme, as illustrated by the Italian model.

The Creation of Qualified Signatures With Trusted Platform Modules

Frederic Stumpf, Markus Sacher, Claudia Eckert and Alexander Roßnagel argue that the new generations of computers that include a trusted platform have the capacity of providing more reliable proof for both parties when entering contracts at a distance over the internet.

The Electronic Signature in Chile

Jorge Quintanilla, Cristian Doren and Diego Hernández examine the current position of electronic signatures in Chile and outline the possibility of further changes taking place in the near future.

The German Electronic Order For Payment Procedure

Bartosz Sujecki describes the procedure to make a claim for money that is owed and not paid, including a brief overview of the history of the procedure.

The Role of the Notary in Real Estate Conveyancing

Eliana Morandi sets out the role of the civil law notary in the context of real estate conveyancing, illustrating how more effective and less costly it is when undertaken by civil law notaries.

Case Note

People's Republic of China: Rong-Shu-Xia Computer Ltd. v China Society Publisher

Digital evidence. Authenticity of e-mails. Evidential value.

People's Republic Of China: Beijing Han-Hua-Kai-Jie Technology Development Ltd. v Chen Hong

Digital evidence. Authenticity of e-mails. Employment contract. Evidential value.

Republic of Slovenia: I Up 505/2003

Electronic signature. Name typed on e-mail. Administrative appeal. Validity of electronic signature.

Denmark: U.2000.1853V

Electronic signature. PIN. Debit card. Mistake as to amount.

Denmark: U.2006.1341V

Scanned manuscript signature. Electronic signature. Mortgage redemption. Validity of scanned manuscript signature.

Germany: BGH of December 12, 2000 - XI ZR 138/00

On-line banks. Exclusion of liability for temporary restrictions and interruptions.

Germany: 10 A 11741/05

Qualified electronic signature. Electronic documents submitted to Administrative Court. Validity.

Greece: 5526/1999

Electronic signature. Bank card. PIN. Unauthorized withdrawals. Proof. Liability of bank.

Italy: Tribunale Mondovì, 7 giugno 2004, n. 375 (decr.), Giur. It. 2005, 1026

Electronic signature. Commencement of legal proceedings electronically. E-mail signed with typed name. Validity.

Russian Federation: A12-3342/05-C11

Banking. Mistake. Transfer of funds.