Electronic Signatures-Esign Origins, Understanding Laws, and the Affects

30 June 2000 President Clinton signed “signatures in global and national Commerce (ESIGN) Act using his signature subject to the validity of electronic signatures for international and Interstate Commerce and electronic ID.

Legs, spent the year before this law, through dozens of similar state laws and guidelines for specific activities of the State and in the five years since the adoption of the law of other States further than laws and similar regulations. What this means for everyone, and at the end how can companies, individuals and the world or nation?

the best way to respond to a question that is take a look at the origin of the law and understand the reasoning behind its passage and approval of specific State law.

the birth of electronic signatures – fax

in the years 80 and even some progressive individuals began to use the fax to the foreground or sensitive delivery of paper documents. Today, the fax is a staple of the business world. Most people considered not even original hedges this new medium created, nor considered the impact on the speed of communication and the advantages of its use. However in the beginning many of the same issues surrounding electronic communications and electronic signatures should be resolved when used the


When the first contract has been signed and sent by fax and created the basis for the discussion of the validity of electronic signatures. After all, it was the first time that someone could sign something, put in a car, send from a phone to the other and deliver a signature reproduced digitally. The path that took this signature was not controllable or traceable and in the majority of cases that crossed miles of wire before reaching its destination, then how could be considered a valid signature? The firm intentions were clear to all, but beloved companies know could rely on the validity of the signature and if the person does in fact he attended the action of an individual or a company as a company would put any faith in it? This of course caused a stir, and quickly, the judge ruled that the validity of the signature of the door as if matches are conducted across the room. This has become standard operating procedure in the world fax.

The courts are

validity of this method of signing and acquisition of business also relied on this method. A leap of faith, given the complications caused by fax at the beginning. Many people don’t realize that the original document from the fax ink would disappear after a certain time and that had to make another copy of the fax using a photocopier, if you want to keep permanently. Image quality was too often poor or little clear, but companies include the intention and will understand that you signed although there was only a partially legible signature. Basically you had a copy of a copy of a digital image and with many loopholes for corruption and crimes, still working the fax and Commerce flourished.

the logic behind this thinking was easy to defend. Before the fax, the contract may have been concluded orally between the seller and the customer, and then somewhere in the way a paper copy was allegedly signed and sent. Many sales before the fax were consumed by a simple comment “OK” are going to do over the phone. This unit of business and turning wheels is more vital point in an electronic communication in the world, or in another place in a digital world with no physical contact direct, is that most companies can work on trust. They offer a service to a client and customer confidence will offer these services satisfactorily, while confidence in the service provider that the client will pay for services rendered.

Trust is not something new in the company; often is shown shaking hands or “having an affair”, and was everything you need to reach an agreement. would that change today? I think the answer is no, but what about the judges and their opinion about the validity of electronic signatures? Once its goal of all courts is not just to keep the wheels turning and generate income, so trust this type of signature, and what was the legal problem that this signature respond? This line of thinking we n
This was posted on : Electronic Signatures-Esign Origins, Understanding Laws, and the Affects