Method and system for using electronic communications for an electronic contract

• US 7,200,749 B2
• Filed: 08/06/2001
• Issued: 04/03/2007
• Est. Priority Date: 08/04/2000
• Status: Expired due to Term

• Current Assignee: First Data Corporation (Fiserv Incorporated)
• Original Assignee: First Data Corporation (Fiserv Incorporated)
• Inventors: Wheeler, Lynn Henry, Wheeler, Anne Mcafree
• Primary Examiner(s): Barron; Gilberto
• Assistant Examiner(s): Nalven; Andrew L
• Application Number:
  US10/312,164
• Publication Number:
  US 20030177361A1
• Time in Patent Office: 2,066 Days
• Field of Search: 713/170, 713/176, 713/180, 713/181, 705/51, 705/1, 705/80
• US Class Current: 713/170
• CPC Class Codes: G06F 21/32 using biometric data, e.g. fingerprints, iris scans or voiceprints
• CPC Class Codes: G06F 2221/2113 Multi-level security, e.g. mandatory access control
• CPC Class Codes: G06Q 20/00 Payment architectures, schemes or protocols apparatus for performing or posting payment transactions G07F7/08, G07F19/00; electronic cash registers G07G1/12
• CPC Class Codes: G06Q 20/02 involving a neutral party, e.g. certification authority, notary or trusted third party [TTP]
• CPC Class Codes: G06Q 20/04 Payment circuits
• CPC Class Codes: G06Q 20/0855 involving a third party
• CPC Class Codes: G06Q 20/12 specially adapted for electronic shopping systems
• CPC Class Codes: G06Q 20/341 Active cards, i.e. cards including their own processing means, e.g. including an IC or chip
• CPC Class Codes: G06Q 20/3558 Preliminary personalisation for transfer to user
• CPC Class Codes: G06Q 20/3674 involving authentication
• CPC Class Codes: G06Q 20/3676 Balancing accounts
• CPC Class Codes: G06Q 20/382 insuring higher security of transaction
• CPC Class Codes: G06Q 20/3821 Electronic credentials
• CPC Class Codes: G06Q 20/3823 combining multiple encryption tools for a transaction
• CPC Class Codes: G06Q 20/3825 Use of electronic signatures
• CPC Class Codes: G06Q 20/3829 involving key management
• CPC Class Codes: G06Q 20/385 using an alias or single-use codes
• CPC Class Codes: G06Q 20/388 using mutual authentication without cards, e.g. challenge-response
• CPC Class Codes: G06Q 20/4014 Identity check for transactions
• CPC Class Codes: G06Q 20/40145 Biometric identity checks
• CPC Class Codes: G06Q 20/403 : Solvency checks
• CPC Class Codes: G06Q 20/40975 : using encryption therefor
• CPC Class Codes: G06Q 50/188 : Electronic negotiation
• CPC Class Codes: G07F 7/0886 : the card reader being portable for interacting with a POS or ECR in realizing a payment transaction
• CPC Class Codes: G07F 7/1008 : Active credit-cards provided with means to personalise their use, e.g. with PIN-introduction/comparison system
• CPC Class Codes: G07F 7/1016 : Devices or methods for securing the PIN and other transaction-data, e.g. by encryption arrangements for secret communication, see H04L9/00
• CPC Class Codes: H04L 2209/42 : Anonymization, e.g. involving pseudonyms
• CPC Class Codes: H04L 2209/56 : Financial cryptography, e.g. electronic payment or e-cash
• CPC Class Codes: H04L 63/0428 : wherein the data content is protected, e.g. by encrypting or encapsulating the payload
• CPC Class Codes: H04L 63/0442 : wherein the sending and receiving network entities apply asymmetric encryption, i.e. different keys for encryption and decryption cryptographic mechanisms or cryptographic arrangements for public-key encryption H04L9/30
• CPC Class Codes: H04L 63/062 : for key distribution, e.g. centrally by trusted party cryptographic mechanisms or cryptographic arrangements for key distribution involving a central third party H04L9/0819
• CPC Class Codes: H04L 63/0823 : using certificates cryptographic mechanisms or cryptographic arrangements for entity authentication involving certificates H04L9/3263
• CPC Class Codes: H04L 63/083 : using passwords cryptographic mechanisms or cryptographic arrangements for entity authentication using a predetermined code H04L9/3226
• CPC Class Codes: H04L 63/12 : Applying verification of the received information cryptographic mechanisms or cryptographic arrangements for data integrity or data verification H04L9/32
• CPC Class Codes: H04L 9/321 : involving a third party or a trusted authority
• CPC Class Codes: H04L 9/3247 : involving digital signatures

Abstract

A method and system for digitally signing an electronic contract document. An electronic communication contains an identifier, a message, which includes the document, and a digital signature generated with a private key of an asymmetric key pair (247). The identifier may be used to retrieve a corresponding public key (287) and account information pertaining to the sender of the message. The public key may be used to authenticate the sender and the message. A device containing the private key may be used to protect the privacy thereof. The device may also generate a verification status indicator corresponding to verification data input into the device. The indicator may also be used as evidence that the sender of a contract document performed an overt act in causing the electronic communication to be digitally signed. A security profile linked to the public key in a secure database indicates security characteristics of the device.

Claims

1. A method for establishing an electronic contract between a first party and a second party, comprising the steps of:

(i) initially, establishing an account of the first party, the account being maintained by the second party, wherein the step of establishing the account comprises;

(a) assigning an identifier to the account;

(b) receiving a public key of a public/private key pair directly from the first party, the private key of the public/private key pair being stored securely within a device of the first party, the device being adapted to generate digital signatures using the private key;

(c) associating the public key with the identifier in a database of the second party; and

(d) associating a security profile of the device with the account, the security profile indicative of the security level of the device;

(ii) thereafter,

(a) the first party formulating an offer associated with the electronic contract;

(b) the device generating a verification status indicator based on a comparison of verification data provided to the device with verification data of the first party pre-stored within the device;

(c) the first party using the device to generate a digital signature of the offer and the verification status indicator;

(d) the first party communicating an electronic communication to the second party, the electronic communication including the identifier, the offer, the digital signature, and the verification status indicator;

(e) in response to receipt of the electronic communication and based on the identifier obtained therefrom, the second party authenticating the digital signature with the public key associated with the account and accessing the security profile of the device from the database; and

(f) if the digital signature authenticates, the second party determining a response to the offer as a function of the security level of the device and as a function of the verification status indicator obtained from the electronic communication.

2. The method of claim 1, wherein the identifier is the public key associated with the account.

3. The method of claim 1, wherein the security profile is maintained by a third party independently of the first and second party.

4. The method of claim 1, wherein the security profile indicates the likelihood that the device can be compromised.

5. The method of claim 1, wherein the verification data comprises a PIN, a password, or a biometric characteristic.

6. A method for establishing an electronic contact between a first party and a second party, comprising the steps of:

(i) initially, setting up an account of the first party with the second party, wherein the step of establishing the account comprises;

(a) storing a public key of a public/private key pair of the first party in a database of the second party, the private key of the public/private key pair being stored securely only within a device of the first party, the device being adapted to generate digital signatures using the private key;

(b) associating an identifier with the account of the first party;

(c) associating the public key with the account such that the public key is retrievable based on the identifier; and

(d) associating a security profile of the device with the account, the security profile indicative of the security level of the device;

(ii) thereafter,

(a) the first party formulating an offer associated with the electronic contract;

(b) the device generating a verification status indicator based on a comparison of verification data provided to the device with verification data of the first party pre-stored within the device;

(c) the first party using the device to generate a digital signature of the offer and the verification status indicator;

(d) the first party communicating an electronic communication to the second party, the electronic communication including the offer, the identifier, the digital signature, and the verification status indicator;

(e) in response to receipt of the electronic communication and based on the identifier obtained therefrom, the second party authenticating the digital signature with the public key associated with the identifier and accessing the security profile of the device from the database; and

(f) if the digital signature authenticates, the second party determining a response to the offer as a function of the security level of the device and as a function of the verification status indicator obtained from the electronic communication.

7. The method of claim 6, wherein the identifier is the public key associated with the account.

8. The method of claim 6, wherein the security profile is maintained by a third party independently of the first and second party.

9. The method of claim 6, wherein the security profile indicates the security features of the device.

10. The method of claim 6, wherein the verification data comprises a PIN, a password, or a biometric characteristic of the first party.

11. A method for creating an electronic contract between a first party and a second party, comprising the steps of:

(i) initially, establishing an account of the first party with the second party, wherein the step of establishing the account comprises;

(a) assigning an identifier to the account;

(b) storing a public key of a public/private key pair of the first party in a database of the second party, the private key of the public/private key pair being stored securely within a device of the first party, the device being adapted to generate digital signatures using the private key; and

(c) associating the public key with the identifier;

(ii) thereafter,

(a) the first party formulating an offer associated with the electronic contact;

(b) the device generating a verification status indicator based on a comparison of verification data provided to the device with verification data of the first party pre-stored within the device;

(c) the first party using the device to generate a digital signature of a message, wherein the message contains the offer and the verification status indicator;

(d) the first party communicating an electronic communication to the second party, the electronic communication including the message and the digital signature;

(e) in response to receipt of the electronic communication and based on the identifier obtained therefrom, the second party authenticating the digital signature with the public key associated with the identifier and accessing the security profile of the device from the database; and

(f) if the digital signature authenticates, the second party determining a response to the offer based on pre-stored verification status indicator-related business rules maintained by the second party.

12. The method of claim 11, wherein the offer comprises an electronic message, and further comprising the step of inputting the offer into the device.

13. The method of claim 11, wherein the steps of formulating the offer and inputting the offer into the device make use of a secure input device separate from the device of the first party.

14. The method of claim 11, wherein the secure input device displays information relating to the terms of the offer.

15. The method of claim 11, wherein the verification data is provided to the device using a secure input device separate from the device of the first party.

16. The method of claim 11, wherein the message further includes the identifier.

17. A method for creating an electronic contract between a first party and a second party, comprising the steps of:

(i) initially, establishing an account of the first party with the second party, wherein the step of establishing the account comprises;

(a) assigning an identifier to the account of the first party;

(b) storing a public key of a public/private key pair of the first party in a database of the second party, the private key of the public/private key pair being stored securely within a device of the first party, the device being adapted to generate digital signatures using the private key;

(c) associating the public key with the identifier; and

(d) associating a security profile of the device with the account, the security profile indicative of the security level of the device;

(ii) thereafter,

(a) the first party formulating an offer associated with the electronic contract;

(b) the device generating a verification status indicator based on a comparison of verification data provided to the device wit verification data of the first party pre-stored within the device;

(c) the first party using the device to generate a digital signature of the offer and the verification status indicator;

(d) the first party communicating an electronic communication to the second party, the electronic communication including the offer, the identifier, and the digital signature;

(e) in response to receipt of the electronic communication and based on the identifier obtained therefrom, the second party authenticating the digital signature with the public key associated wit the identifier and accessing the security profile of the device from the database; and

(f) if the digital signature authenticates, the second party determining a response to the after based on pre-stored security-profile-related business rules maintained by the second party.

18. The method of claim 17, wherein to second party uses another device that generates digital signatures for responding to the first party.

19. The method of claim 17, wherein the security profile is stored in a security profile database maintained by a third party.

20. The method of claim 19, further comprising the step of the first party requesting the security profile from the security profile database of the third party.