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