La firma electrónica en el Ecuador: Los estándares internacionales de firma electrónica y el principio de neutralidad tecnológica

Abstract:

There is a clear tendency to dematerialization, because of all the advantages that the system has to offer. This advantages can turn into a risk factor due to the fact that most of the times, without the right system, it is impossible to identify the signer of the document and no way to link the signature to a person and thus to the will of that person to the document signed. Due to the amplitude of the network, the information contained in it is easily accessible for non-authorized third parties. This is why the protection of the information, is imperative. There are minimum requirements that an informatics program has to fulfill to guarantee the security of the information, these are: confidentiality, authentication, integrity and non-repudiation. The digital signature satisfies these requirements. Within the countries that are more developed in this subject are the United States of America, Spain and Argentina. They regulate about the digital signature without detracting from the possibility of using others that use different types of technology. In Spain they regulate about the electronic recognized signature, it is the same but with another name. Ecuador regulates what is known as an electronic signature, which contradicts the principle of technological neutrality, described and defended by the Model Law of the United Nations Commission for International Trade Law. This is why the thesis that unfolds is that the digital signature is the functional equivalent of a handwritten signature, as it ensures the identification of the signer, it is possible to verify that the message has not been altered, the message becomes confidential by the usage of an asymmetric cryptography system which contains the signature and also ensures non-repudiation of the signature and the text signed with it. Additionally, electronic signatures violate the principle of technological neutrality, since it discriminates against other types of technology that can be used for signing. In accordance with the thesis described, the intention of this paper is to propose a reform of the Ecuadorian regulatory body so that it can meet not only international standards but also the national reality and thus encourage the use of digital signature.

Año de publicación:

2016

Keywords:

• Derecho Informatico
• DOCUMENTO ELECTRÓNICO
• Firma Digital
• TECNOLOGIAS DE LA INFORMACIÓN Y COMUNICACIÓN

Fuente:

rraae