E-signing
catches on
Simon Hayes australianIT.com.au. AUGUST 15, 2006
COURTS are increasingly accepting typed names, and
even email addresses, as electronic signatures despite digital
signatures failing to take off for most commercial transactions.
British barrister Stephen Mason, director of digital
evidence research at the British Institute of International and
Comparative Law, told lawyers at a Sydney seminar last week the
digitisation of signatures was just another step in the evolution of
evidence.
"In the 19th century, English judges had to cope with
changes such as rubber stamps, seals and printing," he said.
"The form of a signature is irrelevant, it's the
function it performs that's critical."
In one British case a contract was amended by email
despite neither party signing the document in the traditional way.
Other judges have found that an email address alone
can constitute a signature.
"When I draft a contract now, I require a manuscript
signature," Mr Mason said. "Digital signatures are complex and not well
understood."
