From: "Perry E. Metzger" <perry@piermont.com>
Date: Wed, 5 Jun 1996 08:27:52 +0800
To: Ben Holiday <ncognito@gate.net>
Subject: Re: Electronic Signature Act Of 1996
In-Reply-To: <Pine.A32.3.93.960604102759.21416A-100000@navajo.gate.net>
Message-ID: <199606041511.LAA09110@jekyll.piermont.com>
MIME-Version: 1.0
Content-Type: text/plain



Ben Holiday writes:
> Florida now recognizes electronic signatures as legal and binding. In
> other words - its okay to sign it by modem.
[...]
> California and Utah are the only other states that have laws recognizing
> electronic signatures.

The lawyers here can correct me if I am wrong, but I get the
impression that under the common law, an ink signature is merely a
demonstration that a party assented to a contract, and except for
certain contracts (which usually require witnesses etc.) there is no
requirement in the law that a contract even be on paper. Given this, a
digital signature could probably, under existing common law, be used
as evidence of intent in a contract dispute just as a paper and ink
signature could be, except in cases like real estate transfers which I
already mentioned.

Perry