Abstract:

In the digital age, the E-signature has replaced the handwritten signature. Since 1995, there have been three generations of E-signature law: the first mandated use of the digital signature, the second recognized the legal validity of all types of E-signatures, and the third recognizes all types of E-signatures, but gives preferred status to the digital signature. Mongolia’s Electronic Signature Law (ESL) is third-generation; it recognizes all types of E-signatures but favors the use of the digital signature. Accreditation requirements are specified for Certification Service Providers (CSP), the issuers of certificates and verifiers to third parties that a digital signature is that of a specific subscriber. The CSP is responsible for maintaining the security of information that it receives from its subscribers. The CSP must inform the subscriber of any limitations on the use of the certificate. If a CSP issues a certificate, it must meet stringent security requirements which can only be achieved with a digital signature. CSPs must maintain a publicly accessible repository of certificates and the public keys which relying third parties can use to decrypt a subscriber’s message. A CSP may incur legal liability for publishing a certificate with inaccurate information or for not issuing a private key to the subscriber corresponding to the public key in the repository. The ESL recognizes the legal validity of certificates issued by CSPs in foreign countries. The author recommends reformation of Mongolia’s E-commerce law by adding: (1) consumer protections for E-commerce participants; (2) several new computer crimes; (3) information technology courts; (4) mandatory E-government; and (5) explicit long-arm jurisdiction.