On Fri, 9 Mar 2007, Jeffrey Barnett wrote:
> I wasn't even at the conference (sigh), but I'm surprised that no-one
> has mentioned that *electronically* signed (encrypted) forms have been
> formally recognized and legalized for some time (and typed text email
> has not). Surely one of the wizards in the group knows the mechanics of
> the process (PKI). I've used it too rarely to be an instructor myself.
To the best of my knowledge, neither the Uniform Electronic Transactions
Act, nor the E-SIGN act require PKI. (After all, the credit card
companies don't make you use PKI when you by something on the internet)
UETA: (note, I don't think all states have this one, and some made
modifications to it)
http://www.law.upenn.edu/bll/ulc/fnact99/1990s/ueta99.pdf
Section 2(8) :
"Electronic signature" means an electronic sound, symbol, or
process attached to or logically associated with a record and
executed or adopted by a person with the intent to sign the
record.
Section 2 Comment 7, last paragraph :
A digital signature using public key encryption technology would
qualify as an electronic signature, as would the mere inclusion of
one's name as a part of an e-mail message -- so long as in each
case the signer executed or adopted the symbol with the intent to
sign.
And for the few states that haven't passed UETA, E-SIGN:
http://www.cio.noaa.gov/itmanagement/pl106229.pdf
(however, E-SIGN is more for electronic commerce, I'm not a
lawyer, so I don't know if there's anything in it that says it's
not for contracts. (UETA specifically includes contracts, E-SIGN
specically excludes wills and a few other legal documents)
-----
Joe Hourcle
