Article | REF: TR850 V1

Traceability of electronic exchanges and the law

Authors: Eric A. CAPRIOLI, Isabelle CANTÉRO, Pascal AGOSTI

Publication date: November 10, 2006

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AUTHORS

  • Eric A. CAPRIOLI: Doctor of law, attorney-at-law - Caprioli & Associés law firm

  • Isabelle CANTÉRO: Lawyer, Head of Privacy and Personal Data Department - Caprioli & Associés law firm

  • Pascal AGOSTI: Doctor of law, attorney-at-law - Caprioli & Associés law firm

 INTRODUCTION

The identification of individuals is a sine qua non for the security of exchanges on digital networks. The same applies to authentication (verification of origin) of a message or request. Indeed, in law, an act or fact must be imputable – in principle – to a specific person. The right to anonymity is therefore only enshrined in certain strictly limited hypotheses (childbirth under X, defense of freedom of expression, connection data after a time limit, "relative" anonymity of individuals who publish content on the web, etc.) [1] . It should be remembered here that the right to anonymity must be measured against the yardstick of an essential legal responsibility of the individual: that of accounting for his or her actions in the course of social life.

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Traceability of electronic exchanges and the law