The growth of electronic communication depends on the ability of electronic messages to be confidential and secure. The need for confidentiality and security exists in a great variety of electronic communications, including, for example, electronic contracts (both business-to-business and business-to-consumer), electronic tax declarations, and electronic medical records. As described below, the main technological tools for ensuring the confidentiality and security of electronic communications are digital signature methods and encryption. On 8 October 1997, the European Commission took a step towards establishing a European framework for digital signatures and encryption by issuing a Communication entitled “Ensuring Security and Trust in Electronic Communication: Towards a European Framework for Digital Signatures and Encryption”. 1 The Communication is divided into three sections. First, it deals with the elaboration of a framework governing the entities that issue the certificates establishing the basis for digital signatures (so-called certification authorities) and the legal recognition of digital signatures. Second, it addresses encryption, including export control measures and law enforcement requirements. Finally, the Communication discusses the legal basis for a Commission initiative in these areas and the scope and timeframe of such an initiative. After providing an introduction to the relevant technology, this article will provide a brief description and analysis of the main topics discussed by the Communication, focusing particularly on digital signatures and certification authorities.
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