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Defence e-business  

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Contents | Foreword | Introduction | The Law | Document Management | PKI & ES | DECS
e-Purchasing | Collaborative Working | e-Tendering | Reverse Auction
Government Procurement Card | The e-Business Revolution | Conditions & Guidance
Contact Details | Glossary of Terms | Acknowledgements


Section Links:



What is this Chapter About?
Key Points
Detail
The Law & PKI
Public Key Infrastructure
Message Assurance Requirements
Means to achieve electronic message assurance
Electronic Signatures
The European Electronic Signatures Directive


The UK Electronic Communications Act
Liability
UK- PKI & Trust Models
MOD Situation
DECS Situation

US Situation
Summary
Who should I contact if I want to find out more?


What is this Chapter About?

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This Chapter is about identity management – how, in an environment where information is being accessed or shared across organisations, each organisation can be confident that the people involved are who they say they are. Without this, there is no basis for trust. Organisations need the ability to prove employees’ trustworthiness to be able to conduct e-Business securely in a sound commercial and legal manner.

Key Points

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  • Electronic signatures are legally admissible and, when backed by Public Key Infrastructure, provide a high degree of assurance;

  • CAs and RAs are liable for proving the identify of users of their certificates, but not for the data content of messages;

  • MOD has established its own Root Authority for MOD employees within Government networks, but requires the use of a commercial Root Authority, CAs and RAs for interactions with its Industrial partners.

Detail

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The Law & PKI

 


English law permits any parties involved in a commercial arrangement to use almost any mutually agreed form of signature to signify intent in an electronic or written form. However, the advent of widespread and international electronic business is demanding a standard mechanism for trusted identification, managed at the corporate level, or higher. The most common approach is a Public Key Infrastructure (PKI), which encompasses the means of proving identity and the cross-organisational management mechanisms for ensuring that the means of proving identity remain trustworthy at all times.

Public Key Infrastructure

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A private key authenticated by a digital certificate generated within a PKI can be considered as the electronic equivalent of a passport. Both establish identities for persons who have met the requisite identity checks. The community accepts the validity of the holder's identity because it trusts the issuer. The identity can be used to authenticate the holder in subsequent transactions without directly involving the issuer.

With PKI, the holder's identity is contained in a digital certificate, and the issuer is called the Certificate Authority (CA). The Trust Level of a certificate can range between 1 and 10; with 1 being the lowest trust level and 10 being the highest. The higher the degree of trust, the more rigorous the verification method to which a person is subjected by the Registration Authority (RA) before a certificate is issued. All certificates in a PKI community of trust originate from the Root Authority. In certain circumstances, it is possible to cross-certify PKI communities of trust, using Trust Bridges – particularly important in multinational programmes.

The digital certificate on which the private key is based acts like a passport to prove an identity to other organisations. However, a digital certificate also contains:

  • An individual’s Public Key, and is signed with the Private Key. These key pairs can be used for:


o Authentication. To prove the person’s identity.
o Non-Repudiation. To prove that a person received Information.
o Encryption. To protect the information from being read.
o Integrity. To prove that the information or message content has not been tampered with or read by an unauthorised third party.

  • A reference to Certificate Policy (CP), which contains the permissions that individual has to access certain systems, applications and data.

Message Assurance Requirements

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In general, the recipient of an electronically sent message wants to know who sent it (authenticity), and whether the content has been deliberately or inadvertently altered after leaving the sender (integrity). Depending upon the nature of the communication, the sender may also want assurance of the recipient's identity before sending the message, and evidence that the message was successfully delivered which the recipient cannot later deny (non-repudiation).

For postal mail, the sender's hand-written signature can be taken as message authenticity. The difficulty in making an undetected change to hardcopy provides sufficient assurance of integrity. The use of registered mail, to collect the recipient's own signature as confirmation of delivery, provides non-repudiation.

Parties should also be able to communicate reliably with each other, with confidence that their identities are established, with neither party being impersonated, and with an assurance that communication cannot be repudiated after it has occurred.

Means to achieve electronic message assurance

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Industry have been exchanging data by electronic communications for years using Electronic Data Interchange (EDI) connected over Value Added Networks (VANs). These member-only networks provided message assurance by behaving as the equivalent of a trusted, courier service. Whilst major Industrial corporations adopted EDI, it has not found favour with smaller Industrial organisations mainly on cost grounds. Conversely, the Internet has a comparatively low entry cost, but provides none of the value-add implicit in VANs. Alternative mechanisms to provide message assurance are required.

Electronic Signatures

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An electronic signature can be considered as the digital equivalent of a hand-written signature. If an electronic signature can be inextricably bound to a message, it can provide an assurance of authenticity. Furthermore, if that signature is bound to the message, i.e. integrated with the message in a way that any changes to the message will result in the signature verification failing, an assurance of integrity of the message can also be provided.

Multiple technologies exist to create an electronic signature of this sort. The European Electronic Signatures Directive, which provides a common framework for electronic signatures, is technology neutral. However, the Directive is largely based on the use of asymmetric encryption (using Public and Private Key pairs) and certificate-based verification, which are characteristics of Public Key Infrastructure (PKI) - the most common example of electronic signature technology.

The European Electronic Signatures Directive

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The European Electronic Signatures Directive (submitted by the European Commission in May 1998, in law from July 2001) provides a common framework for electronic signatures. This includes a legal framework. As a general principle, the Directive states that Member States may not deny the legal effect of an electronic signature merely because of the electronic form of the signature.

A second principle of the Directive is that Member States are obliged to recognise certain types of electronic signature as having the same legal effect as they would give to hand-written signatures. This second guarantee only applies to "advanced" electronic signatures which are based on a "qualified" certificate and which are created by a "secure" signature creation device. For qualified certificates, the Directive is not technology neutral: it mandates certificate-based asymmetric cryptography and CAs.

The Directive thus provides two levels of legal certainty for electronic signatures depending on the level of technical security relating to the signature. On the first level, electronic signatures in general cannot be denied legal effect. On the second level, electronic signature filling certain technical security requirements (as defined in the Directive) will have same legal effect as hand-written signatures.

The Directive also establishes a minimum liability regime for certificate services providers (CSPs) issuing qualified certificates to the public. Member States are obliged to ensure that CSPs are liable for damage caused to a person who reasonably relies on the certificate. The Directive allows CSPs to indicate limits on the uses of certificates and the value of transactions for which the certificates can be used. The CSP is not to be liable for damages arising from contrary use of a qualified certificate which includes limits on its use.

The UK Electronic Communications Act

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In May 2000, the UK Electronic Communications Act (ECA 2000) was passed. This defines any electronic signature as anything in electronic form incorporated into a communication or data to establish the authenticity or integrity of the communications or data. An electronic signature is admissible in evidence in relation to any question as to the authenticity of the communication or data or as to the integrity of the communication or data.

ECA2000 does not however fully implement the Electronic Signatures Directive in that it does not deal with:
a) The enhanced protection for advanced electronic signatures as defined in the Directive or;
b) Certificate Services Providers (service provision based on CAs and RAs), and in particular the provisions of the directive relating to the liability of CSPs who issue qualified certificates.

Instead, the Government's preference for self-regulation has resulted in the Alliance for Electronic Business setting up a voluntary self-approvals scheme (the tScheme) for CSPs. The tScheme publishes Approval Profiles describing how CSPs should operate in order to attain accreditation status.

Liability

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A CSP takes responsibility for issuing digital identities to individuals who have met authentication pre-requisites, and for revoking (blacklisting) users on receipt of valid notification. Its liability covers failure of the registration and issuing processes within its control which result in either the certificate contents being incorrect, or that the holder identified in the certificate does not hold the corresponding signature creation data.

Importantly, the CSP does not warrant the data/information secured using a certificate - the ECA 2000 does not require this. The lack of case law in this area however results in a corresponding lack of clarity regarding what is a reasonable level of liability in the event of damage caused by an incorrectly issued certificate being used as part of a high value transaction.

UK- PKI & Trust Models

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A PKI provides the capability to register and securely issue identities to users. It doesn't actually "do" anything with the certificates. To use certificates, business software, capable of signing and verifying certificates is required. Ideally, all business software would provide these functions as a matter of routine, but this is currently not the case - although it is improving.

The initial requirement for PKI on DECS is for the authentication of users accessing DECS over the internet. The PKI "aware" software for authentication is Novell's iChain product set. ChamberSign, an initiative of the British Chambers of Commerce, has been selected as the preferred CSP for DECS authentication certificates.

Use of certificates for message assurance (e.g. e-Procurement, e-Tendering) will be implemented as the specific business drivers are articulated, and the PKI-aware application software becomes available.

Other European nations have emerging Government PKI initiatives for internal use. Chambersign is perhaps the most relevant commercially available PKI as it is backed by most European Chambers of Commerce, membership of which is mandatory in several European countries, e.g. Italy and France. ChamberSign is an initiative set up by Chamber of Commerce organisations of 10 European countries and Eurochambres, which aims at creating a comprehensive architecture for secure business-to-business electronic commerce across international borders. ChamberSign is starting to make digital signature technology widely available to the business community and achieving international recognition and interoperability of digital certificates issued by Chambers of Commerce. ChamberSign covers the territories of Austria, Belgium, France, Germany, Italy, Luxembourg, the Netherlands, Spain, Sweden and the United Kingdom. Further expansion of the network is being planned to include nations worldwide. Involvement with the USA is an early goal.

MOD Situation

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To avoid potential issues of liability, the MOD has adopted the strategy that Industrial partners should use certificates issued by commercial CAs, whereas MOD personnel should use certificates issued by public -sector CAs. To this end, the MOD has created a top-level CA (known as a Root CA) under which subordinate CAs can be created to issue certificates to MOD personnel.

DECS Situation

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DECS trading partners will use commercially issued certificates, whilst MOD users will be using both MOD certificates internally and commercially issued certificates externally. Realisation of the MOD policy therefore creates a minimum of two separate communities of DECS users. Conceptually, to establish trust between these communities there are two options: global trust in which a direct relationship is established at CA level (for example cross-certification in which CAs establish parity of trust) or local trust in which each business application is configured with the list of CAs which it should trust. The former option is primarily suited to internal CAs within hierarchical organisations. The latter option is more suited to inter-organisational trust, and is the intended approach for DECS.

US Situation

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The PKI situation in the USA is both the most advanced and most complex. Many corporations have identity management initiatives. Exchanges are starting to offer various types of identity management services including PKI. However, it is the US Federal community that is most advanced:

§ US DOD External Certificate Authorities (ECA) provides certification services for industry. http://www.disa.mil/infosec/pkieca/documents.html
§ US Federal Bridge Certificate Authority (FBCA) programme is in the early stages of providing a bridging mechanism for all Federal departments. One of the options being considered is to link the ECA into the FBCA thus providing a trust path between industry and the Federal environment. If this is agreed, then there may also be an opportunity for approved US/UK corporate PKI communities to be linked to the Federal Bridge. http://www.cio.gov/fbca

Summary

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Any organisation that wants to engage in cross-organisational information sharing or e-Business will need to address identity management. Public Key Infrastructure is an essential tool for the electronic conduct of commercial activities, providing for authentication, non-repudiation and electronic signatures.

Who should I contact if I want to find out more?

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For further Information contact the MOD’s PKI Management Authority:

Anne MacFarlane
Room 843
St Giles Court
London
WC2H 8LD Tel: 020 721 80603
E-Mail: Info-EnabSvcsAD@defence.mod.uk


Are there any background documents?


Planning for PKI: best practices guide for deploying public key infrastructures. Housley & Polk. Wiley. ISBN 0471397024

The European Electronic Signatures Directive –
http://europa.eu.int/information_society/topics/ebusiness/ecommerce/8epolicy_elaw/
law_ecommerce/legal/documents/1999_93/1999_93_en.pdf


Electronic Communications Act 2000 http://www.hmso.gov.uk/acts/acts2000/20000007.htm


Further information on ChamberSign is available from Eurochambres at http://www.eurochambres.be/whatwedo/chambersign.htm

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