11 LA EQUIVALENCIA FUNCIONAL, LA NEUTRALIDAD ...

La equivalencia funcional, la neutralidad tecnológica y la libertad informática.
Leoncio Landáez Otazo; Nelly Landáez Arcaya
se requiere para oponerse a las diferentes violaciones a la intimidad de los
ciudadanos producto de la informática y la telemática.
Palabras clave: comercio eléctrónico; equivalencia funcional; neutralidad
tecnológica; libertad informática.
THE FUNCTIONAL EQUIVALENCE, THE NEUTRALITY OF THE
TECHNOLOGY AND THE SOFTWARE FREEDOM
12
Abstract
The three most important aspects regarding E-Commerce and its intimacy
with people are going to be treated in this essay. The FUNCTIONAL
EQUIVALENCE object is to give the data message and the E-Signatures
the same value as evidence that law gives to written documents. The
principle of the Functional Equivalence of the juridical acts which take
place thru electronic ways in comparison with those which take place by
regular writing, even in verbal deals, is the main base of the E-Commerce.
It is about a sine qua non request which with out it, it is not possible to
exist a proper juridical trust requested by society. The Neutrality of the
Technology is a principle that is taken by the Venezuelan Legislation and
is basically that the law does not take a specific technology for the E-
Signatures and the E-Certificates, quite the opposite, it includes present
and futures Technologies. This principle means that the E-Commerce
regulations could embrace the Technologies which conceive them and
also those Technologies that are been developing and those which are
going to be Developer. The principle of the SOFTWARE FREEDOM, which
shows up as a new right in the software identity; it means, the right to
control (to know, to correct, to take out or add) the personal data in a
software. In other words, it is the freedom that is required in order to
protect the citizens´ identity.
Key words: e –Commerce; functional equivalence, Neutrality of the
Technology; software freedom