I didn't say PKI was required, only that it was an accepted method (in
some jurisdictions), and that I didn't know enough more to say more.
Thanks for the additions and clarifications.
Joe Hourcle wrote:
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
begin:vcard
fn:Jeffrey Barnett
n:Barnett;Jeffrey
org:Yale University Library;Integrated Library Technical Services
adr;dom:;;;New Haven;CT;06520-8240
email;internet:[EMAIL PROTECTED]
title:Sr. Research Analyst
tel;work:(203) 432-1752
x-mozilla-html:FALSE
version:2.1
end:vcard
