Cryptography Reference
In-Depth Information
profoundly question the French attitude to power, the pervasive impulse
to regulate from above. As the
Conseil
further noted, “This implies a pro-
found disruption of our modes of thinking and working: to a vertical and
centralized approach must be substituted transversal and decentralized
orientations.” Such disruption did not imply however that existing legisla-
tion was inapplicable, and the report firmly emphasized that “there does
not exist and there is no need for Internet- and network-specific laws.”
50
In spite of this declaration of faith, the report did include a new legisla-
tive proposal for evidence law reform, one that combined elements of the
working group's
avant-projet de loi
, and of the forthcoming European direc-
tive. The
Conseil d'état
went further than either proposal when it suggested
applying a
presumption of trustworthiness
to cryptographic signatures:
“When an electronic message is presented in order to establish the proof
of an act, it is presumed endowed with the probative value of a private act
if it is accompanied by a certificate delivered by an accredited certification
authority, independent of the signatory, under conditions specified by
decree, which guarantee the integrity of the message, the imputability to
the designated author, and its durable preservation.”
51
So much for France defending a “different conception of consumer
rights.” VeriSign's shareholders couldn't have been more pleased with the
apportionment of liability proposed by the
Conseil d'état
.
The Final Bill
In August 1999, a mere two years after officially embracing the Internet
age, Jospin took stock of the situation in another speech, stating that the
preceding two years had been nothing less than a “profound collective
mutation: the entry of France into the information age.”
52
Indeed, France
seemed on the brink of a profound cultural, economic, and technical revo-
lution. The miraculous healing powers of the New Economy brought a
soothing relief to a public more accustomed to its daily dose of energetic
strikes, public-health disasters, and corruption scandals. Information tech-
nologies seemed to be about not only new ways of connecting with other
people but also new ways of making, having, and spending (and eventually
losing) money. The Internet start-up was celebrated not only as an eco-
nomic triumph but also as a model that French entrepreneurs could use
to their competitive advantage, if only enough regulatory red tape were
to be removed.
