Electronic Signature Policy Resource Page

 

The two most important pieces of legislation in the US are E-Sign, which became law nationally in the summer of 2000, and UETA, a related uniform state law passed in 38 states.  Links are provided to both, including links to negative comments by consumer organizations over the impacts.  UETA in particular has been criticized as lacking in consumer protections.  Also included is information about the international status, in particular with our largest trading partners, Canada and the EU.

 

            Millennium Digital Commerce Act      (from Tech Law Journal)

            Title 21 Code of Federal Regulations (21 CFR Part 11) Electronic Records; Electronic Signatures

            Uniform Electronic Transactions Act Home Page

                Information about:

            UETA State-By-State Comparison Table (As of July 18, 2001 37 States Have Enacted UETA)

            Standards for Security and Electronic Signatures

            National Archives and Records Administration; Records Management Guidance for Agencies Implementing Electronic Signature Technologies

            Office of Management and Budget Guidance on Implementing the Electronic Signatures in Global and

            National Commerce Act; Memorandum For the Heads of Departments and Agencies; Written by:   Jacob 

            J.  Lew

            Electronic Signature Legislation

            How the New E-Sign Act Will Affect E-Commerce; By:  Alston and Bird, LLP

            What Governors Need To Know About E-Sign:  The Federal Law Authorizing Electronic Signatures and Records

            Electronic Signatures in Global and National Commerce Act (E-Sign) Materials:  E-Sign Act; Electronic

            Signatures in Global and National Commerce Act of 2000:  Effect on State Laws; Multi-State Digital

            Signatures Summit Summary; and Digital Signatures and E-Sign:  Implications for PKIs

            E-Commerce Provisions in the UCITA and UETA; By:  Cem Kaner

 

Statements Or Positions From Other Organizations

            Letter from the President of Health Care Financing Administration commenting on the Department of Health 

            and Human Services proposed rule on "Security and Electronic Signature Standards" (HCFA-0046-P)

            E-Sign and UETA:   from the National Consumer Law Center

            Center) and Gail Hillebrand (Consumers Union)

            CPT Statement E-Sign Bill

            Comparison of Federal E-Signature Act and UETA on Key Consumer Provision

            National Conference of Commissioners on Uniform State Laws; Consumers and the New Uniform Electronic Transactions Act:  States Need Law to Ensure Level Playing Field for E-Commerce

 

From Other Countries

            Electronic Signature Directive; Directive 1999/93/EC of the European Parliament and of the Council of 13 

            December 1999 on a Community Framework for Electronic Signatures

            The European Electronic Signature Standardization Initiative

            Uniform Law Conference of Canada

            Uniform Electronic Commerce Act:  

  • Part 1 - Provision and Retention of Information
  • Part 2 - Communication of Electronic Documents
  • Part 3 - Carriage of Goods

 

Useful Articles in Various Mainstream Or Industry Media

            Legalizing Ink:  The New Electronic Signature Law; By:  Alexis D. Gutzman; July 20, 2000

            Only Available if You Have a Subscription to the New York Times Website

            The Industry Standard Magazine; The Word on E-Sign; By:  Ronna Abraham; June 30, 2000

            Digital Signature Bill Enables E-Commerce

            By Jennifer Jones and Margret Johnston; June 16, 2000

            Sign of Trouble:  The Problem With Electronic Signatures; By:  Jesse Berst, Editorial Director,  ZDNet

            Anchor Desk; July 17, 2000

 

The Foundation for Information Technology Education is grateful to Charles Oriez, a member of the Mile-High (Denver) Chapter of the Association of Information Technology Professionals, for his invaluable assistance in developing this page.

Copyright 2002, The Foundation for Information Technology Education