Adopting General Rules to Regulate Writer with Traditional Justice in Organizing the E-Certification Body in Contemporary Iraqi Legislation

The legal and legal necessity in electronic and third-party legal transactions dictates, and keeps abreast of modern developments in this field, The Iraqi legislature, according to the Electronic Signature and Electronic Transactions Law No. (78) Of 2012, created the electronic authentication body, and set out the conditions for its establishment, scope of work, terms of reference and mechanisms for carrying out its activities, to be -from a functional point of view -an extension of the writer with traditional justice, organized under the provisions of the Notary Book Law No. (23) for the year 1998, However, the texts regulating the work of the first are not at the level of the legislative organization of the work of the second, which necessitates researching the extent of the success of the adaptation of the general rules regulating the writer with traditional justice, in completing the aspects of organizing the electronic documentation body in contemporary Iraqi legislation, to ensure the achievement of the goal for which this body was established , The study showed the possibility of adapting texts related to the substantive aspect, which do not contradict the default nature of the documentation side, and the impossibility of this with regard to the functional aspect, related to the nature and entity of each of them.

Electronic Identification, Signature and Trust Services

The generalization of the use of electronic communications in all spheres of human activities brings along a need for a new legal perspective. This need is particularly felt at European Union level with the assumed aim of building a trustable Digital Single Market. Regulation 910/2014 was set as the main European legal framework aimed at harmonizing the understanding of instruments such as electronic identification, electronic authentication, electronic services, and other trust services of information society, such as electronic seals, electronic time stamps, electronic registered delivery services and website authentication. In the whole, Regulation 910/2014 is intended to establish a common legal framework allowing European citizens to take full advantage of digital services in a technically and legally secure environment.

The German Electronic Identity Card

Authentication is an important aspect of e-government applications, as in many cases the identity of a citizen has to be established before provision of a service. Germany is among the countries that have established an electronic identification and authentication infrastructure, based on an electronic identity card. The card enables both local and remote authentication to service providers and authorities. While privacy-enhancing technologies have been used to a large extent in its design and there are no known attacks on its security protocols, the eID card has been harshly criticized. Less than a third of the citizens requesting an identity card choose to activate the eID function. Using the example of Germany, this chapter discusses whether the establishment of an electronic authentication infrastructure makes sense and presents possible reasons for the German eID card's lack of success. In addition, the author considers electronic signatures and their integration in an electronic authentication infrastructure.

Electronic identity (eID) and electronic signature (eSig) for eGovernment services – a comparative legal study

Purpose This paper aims at providing an overview of different approaches toward identity management pertaining to citizen to government (C2G) eGovernment applications. Design/methodology/approach The paper adopts a comparative law methodology. It asks how different legal systems deal with the same problem. The different legal frameworks of Austria, Germany, Liechtenstein and the Swiss Canton of Zug are analyzed and compared pertaining to identification and authentication. The process of comparison involves three phases: the descriptive phase (describing and analyzing the legislation to be compared), the identification phase (identifying the differences and similarities between the systems compared) and the explanatory phase (attempting to explain the resemblances and similarities between the systems). Findings Each of the four countries adopted different legal solutions. This is due to the different legal culture and the existing legal framework in which the legislator, in most cases, seeks to fit in the respective eGovernment solution, rather than adopting a completely new solution. Originality/value This study reveals different possibilities for legislatures to regulate electronic C2G procedures, ranging from a combination of electronic identity (eID) and electronic signature to pragmatic eID models in combination with further electronic authentication functionalities. The focus of the study is the legal framework and not the technical solution.

The German Electronic Identity Card

Authentication is an important aspect of e-government applications, as in many cases the identity of a citizen has to be established before provision of a service. Germany is among the countries that have established an electronic identification and authentication infrastructure, based on an electronic identity card. The card enables both local and remote authentication to service providers and authorities. While privacy-enhancing technologies have been used to a large extent in its design and there are no known attacks on its security protocols, the eID card has been harshly criticized. Less than a third of the citizens requesting an identity card choose to activate the eID function. Using the example of Germany, this chapter discusses whether the establishment of an electronic authentication infrastructure makes sense and presents possible reasons for the German eID card's lack of success. In addition, the author considers electronic signatures and their integration in an electronic authentication infrastructure.