Following the discussion generated in Spanish social networks regarding the use of Stamphoto, we would like to thank all the people concerned on analysing our application. In order for us to improve our services and solutions it is essential to obtain constructive criticism. In order for us to improve our services and solutions it is essential to obtain constructive criticism. So first and foremost, thanks.
Entering the debate on the use and operation of Stamphoto and in relation to the possibility of distorting mobile GPS position and thus attacking the evidence generated by Stamphoto, we must talk about the word “fake”. The application takes the position of the data provided by the mobile; therefore, the primary responsible for an incorrect location in a document issued by Stamphoto is the user who in bad faith “distorts” the information, since it is using it, illegally. We can not be responsible for the misuse of the application, just as a car manufacturer is not responsible for any negligent use of its vehicles when an accident occurs.
That being said, and although we cannot hold responsible, we do need to take all possible measures in order to minimize the risk of individuals intending to make any unlawful use of the application could somehow succeed. Thus, we are going to upgrade the application to be able to obtain such information. We are also working on a package of measures for Stamphoto version 2 (scheduled to take place next October), so that we can gradually improve the security against anti-maleficent users, those coming from the dark side ; )
Last, it is worth pointing out the difference between “validity” and “effectiveness”, as they are actually different concepts, and we need to use them properly. The “validity” as such, can not be questioned; the certificate issued by Lleida.net is an electronic document, whose definition is contained in Article 3.5 Electronic Signature Law An electronic document means any information or message presented in electronic version. It is information recorded in a manner that requires a computer or other electronic device to display, interpret, and process it. For the purposes of the Civil Procedure Law, it is a private document, and as such, it does not exist in our legal system any private document to be irrefutable. Article 326 of the LEC (Civil Procedure Law) makes provision for the dispute of private electronic documents. Henceforth, it is the court or tribunal who should evaluate at its sole discretion on the solidity of the evidence, and therefore its “effectiveness” but never its validity, since is inherent to the document.
To examine the “effectiveness”, we must assert that it is a reinforced proof as it is a document issued by a “trusted third party.” And in the case of Lleida.net, a trusted third party that is both a telecommunications’ operator, and issues a signed document signed under a process international patent protected. All this, as we say, does not mean that the certificate is absolutely irrefutable, but the evidence contained in the certificate will be evaluated or not, together with the other existing evidence. Of course, our task must be to constantly improve the solidity of the evidence, so that the assessment of the effectiveness will become much easier.
That’s always been and is our task, in order to continue working on meeting our customers’ needs.