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Page 1 of 7 At the previous stages of development of computer facilities at creation of the document the computer was used as "the big typewriter", and the perceived image on the screen was to adequately electronic document. Therefore the analogy between traditional (the text on a paper) and electronic technology of display of the document, between traditional and electronic interaction, was justified. But already now, especially in the long term, adequacy of electronic document and its visual reflection more likely exception, than a rule: submitted on the screen or the printed out document cardinally differs from initial electronic though it is generated by a computer on his basis.
It is available structural, qualitative shift, transition to higher step of abstract display - the document earlier being an exclusive prerogative of the person, loses subjectivity, becomes impersonal, in any sense not dependent on will and consciousness of subjects. Alienation of the electronic document from the person grows unprecedented rates: information interaction of people is replaced by interaction of the COMPUTER. The electronic document ceases to be perceived by the person, but should answer the rigid determined standards of the machine interface. To a computer the sense of the document, for "information" - the subset of binary symbols only marked with special image is indifferent. The electronic information loses the contents, sense, the knowledge inherent in it in the human environment.
The person ceases to form documents, and is limited to creation of rules of formation and transformation of the electronic document by a computer. Already now we have huge amount of situations when the computer independently, without any intervention of the person, creates new electronic documents. The sanction of bank to reception by the client of money from a cash dispenser is given by machine, not the person, thus a computer, instead of the person, creates, requests, receives, processes, transfers, stores more than ten Electronic document on each transaction. Almost all documents of credit and financial sphere will be never claimed and-or seen by the person. Only from time to time the computer on the basis of huge amount kept Electronic document forms, besides without direct participation of the person, the summary document which is analyzed by the conceiving subject.
The mankind faces with the crisis comparable to the invention of writing.
The local scale of separate problems) and questions, characteristic for traditional (analog) document circulation, develops into problems at electronic interaction. We shall note only two major and, as it is possible to show, closely connected problems: the first has public - social character - the subjects, caused by use of the electronic document; the second has technical character - protection of electronic document circulation. For their decision it is necessary it is system coordinated, full enough, from the applied point of view, the theory of the electronic document.
1. An inaccuracy of similarity of the traditional (analog) and electronic (digital) document
Within many centuries display and recognition of the information was carried out on an analog, figurative basis - were transferred, accepted and images were primarily processed. The person perceives and reads not letters, and words, phrases, hears not separate harmonics of a spectrum, and a sound as a whole. The analog world - the world of approximations, "similarity", and consequently "recognitions" of images. In a macrocosm of the person laws of analog interaction operate, the alive world is based on recognition of images, but not figures. Again, not casually digital information the person - the maximum step of evolution can perceive analytical thinking only.
The traditional documents named further analog, are created and used only in the analog world of the person. And if only a typewriter, that, really, the electronic document it is possible to examine a computer as analog, only "printed" on original "paper" the machine carrier. But this period comes to an end; electronic documents operate independently in new, digital world. They're other "game rules": a priori known, determined, exact. Ignoring of qualitative difference of essence of the electronic document at the decision of large tasks in sphere of electronic interaction can lead to large mistakes, and even to make the decision impossible.
By way of illustration to what absurd conclusions it is possible to come if to lean(base) on similarity of electronic and traditional documents, we shall result only three examples from the laws published in an open seal and developed bills of the state level. It not separate result which it would be possible to explain any subjective reason, for example, unsuccessfully chosen word-combination for a statement as a whole of correct position. These are paradoxes in the initial concepts, laying on a surface, instead of captious opponents. Only in documents quoted below it is possible to specify ten more incorrect positions and if to involve bills on the Internet the quantity of obvious mistakes grows repeatedly. It is the whole series of the facts as documents of so high status are developed, discussed, pass numerous examinations and are reviewed not by students, and experts.
Let's not speak, that, by definition, the original is unique and cannot exist in several copies. More important practical aspects. It is difficult to imagine, that will take place in credit and financial sphere if these laws will be strictly observed. The payment order written down on several diskettes or transferred some times, entitles to the same number of payments. Kohl soon one of copies Electronic document is the basis for reception of money refusal to give out money on the second is illegal: copies are identical and have (under the law!!!) an identical validity.
The marked paradox is investigation of likening of the electronic document traditional (analog - the Andes). It is possible to speak about a copy of the Andes is a real object, but it is impossible to allocate "copy" Electronic document is the virtual concept, made active Electronic document it is impossible to fix. Whether is "copy" the staff on the screen of the monitor? And 10 staff? And intervals between change of the staff? Whether it is possible to specify, in what point of space there is "copy" Electronic document during the fixed moment of its transfer? The arising collision has the same character, as a collision between a macrocosm of analogues, subjects, and a microcosm of elementary particles: it is possible to fix a subject, but it is impossible "to stop" electron , existing only in movement.
1.2. Developed domestic bills of a federal level in sphere of electronic interaction also contain incorrect positions. In a bill [3, an item 2] the subject of lawmaking, the electronic document, is defined as “ … the data submitted in the form of a set of conditions of elements of computer facilities, … able to be transformed in the form, suitable for unequivocal recognition the person ”.
What person can in time, commensurable with authorization the facsimile signature, is unequivocal apprehend the electronic digital signature representing sequence from thousand of zero and units? If to be guided by the quoted definition it is necessary to count, that ELECTRONIC DIGITAL SIGNATURE is not a part of the electronic document. ELECTRONIC DIGITAL SIGNATURE it is intended for a computer, not for the person, and it is wrongful to make to it(her) "human" demands. The requirement of recognition of the document the person fairly, and that in part, only for a stage of transformation of the electronic document in analog if, certainly, such it is provided by technology of information interaction. Senselessly to impose on Electronic document , being inquiry of a cash dispenser about the account of the client, the requirement of unequivocal recognition the person is, enough, that the program of a computer distinguished the inquiry. Even listing does not reflect the initial electronic document in the printer, it is the analog document having, the truth, the certain relation to initial.
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