The Legal Aspects of Attribution of Data Message in Electronic Communications

Attribution of data message, defined as appointing data message to the originator, which is a portion of the security provision of electronic communication transactions has widely attracted attention of Electronic Commerce Act 1382, UNCITRAL Model Law on Electronic Commerce, United Nations Convention on the Use of Electronic Communications in Internet Contracts 2005 and many other similar ones. From the articles 18 to 21, Iran's Electronic Commerce Act, which are inspired by the article 13 of UNCITRAL Model law on Electronic Commerce, clarify the content of attribution of data message in several cases, Act works on attribution of data message subject and only determines criteria for distinguishing the conditions of attribution of data message from the originator, for instance, according to the article 19 of Iran’s act, despite of not sending the data message by originator, and also the principle of non-attribution of data message, it is attributed to the originator, and in this path, it benefits from concepts that there are some ambiguities about them. In this regard, it has used concepts that either there are some ambiguities about their exact concept or their application. In this research, attempts have been made to analyze the articles 18 to 21 of Electronic Commerce Act of Iran and also obviating ambiguities of them.