Dispute between Digital and Legal Non-repudiation

The dispute between digital non-repudiation and legal non-repudiation stems from their differing scopes and evidentiary requirements. Digital non-repudiation focuses on providing cryptographic proof that an action (like sending a message or signing a document) originated from a specific party and that the content has not been altered. This is achieved through technical means such as digital signatures and secure logging.

Legal non-repudiation, conversely, requires proof that is admissible and defensible in a court of law. While it benefits from the technical evidence provided by digital non-repudiation, it also considers broader legal contexts, such as the intent of the parties, the integrity of the systems used, the procedures followed, and the overall chain of custody for the digital evidence. A technically sound digital signature might prove the origin of a message, but a court might still question if the signer was coerced, if their private key was compromised, or if the system used was properly managed. Thus, digital non-repudiation provides strong technical assurances, but these do not automatically translate into irrefutable legal proof without meeting additional legal evidentiary standards.

For more details, see: McCullagh A, Caelli W. Non-repudiation in the digital environment.