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Title: Duty of Care Signatories in Digitally Signed Transactions and High Tech Theft
Authors: Somran, Pongthorn 
Issue Date: 2008
Publisher: Chulalongkorn University Printing House
University of the Thai Chamber of Commerce
Source: Pongthorn Somran (2008) Duty of Care Signatories in Digitally Signed Transactions and High Tech Theft. University of the Thai Chamber of Commerce Journal Vol.28 No.2.
Journal: University of the Thai Chamber of Commerce Journal 
Abstract: The use of technology not only creates a number of advantages, but also entails risksand liabilities. Individuals who apply the technology must realize not only the advantages,but also their shortcomings. One of many possible causes of inefficiency in digitaltechnology is the conduct of the signatories, relying parties, and certification authorities,as well as attacks by a third party. The acts of a third party, such as an impostor or ahacker, can be considered as offences in the use of digital signatures. The acts of stealingprivate key creation data may cause private key holders to sustain losses. Thefts can beinstigated by means of copying private signing key creation data, stealing a smart cardwhich contains a private key or hacking the signatoryûs computer hard-drive. Due to thehighly technical nature of cyber stealing or hacking, the act of copying or hacking privatekeys stored in the signatoryûs hard drive may not be so obviously noticed or tracked astraditional theft or intrusion. The lay signatory may be unable to realize whether hisprivate key has been copied or hacked. The standard of the reasonable man remainsapplicable in the use of digital signatures. A signatory is obliged to exercise due care aswould be expected from a reasonable man who is in the same circumstances to avoidunauthorized use, access, theft or compromise of his private signature creation data.The signatory is also required to know apparent risks that a reasonable man wouldhave known under a similar situation. High tech theft, however, is not an obviously apparentoccurrence and a reasonable man would not know about it.
ISSN: 0125-2437
Rights: This work is protected by copyright. Reproduction or distribution of the work in any format is prohibited without written permission of the copyright owner.
Appears in Collections:JEO: Journal Articles

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