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Burdens of ProofCryptographic Culture and Evidence Law in the Age of Electronic Documents$
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Jean-Francois Blanchette

Print publication date: 2012

Print ISBN-13: 9780262017510

Published to MIT Press Scholarship Online: August 2013

DOI: 10.7551/mitpress/9780262017510.001.0001

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Written Proof

Written Proof

(p.93) 5 Written Proof
Burdens of Proof

Jean-François Blanchette

The MIT Press

This chapter traces the path of a parallel definitional process, that of the legal model for electronic signatures. It explains that this model made its way through a series of political, regulatory and professional bodies in the later part of the 1990s and discusses the influence of a digital signatures on the discussion of what kind of evidence an electronically signed document might provide and how that evidence might be judged reliable. It also considers the debate between academic Lawrence Lessig and Judge Frank Easterbrook over law’s proper role in taming the unruliness of information technologies.

Keywords:   electronic signatures, digital signatures, evidence, Lawrence Lessig, Frank Easterbrook, law, information technologies

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