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Secure e-sign
solutions,
The E-Sign Act
resolves this problem by preempting state laws and establishing a
nationwide standard of acceptance, while taking into account the
interests of the states.
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Secure e-sign solutions,
It gives the states flexibility by deferring to UETA, as enacted at the
state level. UETA has already been enacted in some 18 states, and a
half-dozen others may enact something before the end of the year. Under
the E-Sign Act, if a state has enacted a "clean" version of UETA as
approved by NCCUSL last summer, the preemption provisions do not apply.
The E-Sign Act thus contains strong preemption tied to UETA as reported
by NCCUSL. It includes blockage of the so-called "UETA Section 3(b)(4)
loophole" under which a state that enacts UETA may exempt from UETA
specific transactions governed by particular laws identified by the
state when it enacts UETA. -Secure e-sign solutions
Secure e-sign
solutions and efficient digital xml software
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This Secure e-sign solutions problem has been a particular concern to advocates of a uniform
nationwide standard because some states, such as California, have
enacted versions of UETA that contain numerous departures from the
version of UETA approved by NCCUSL. Such laws should now be preempted to
the extent they are inconsistent with the Secure e-sign solutions Act. In practice,
preemption may ultimately have to be decided in the courts.
Consistent with the principle of technology neutrality contained in
UETA, the E-Sign Act or
xml signature requires that any state law not preempted by the
Act be technology neutral. This provision thus would preempt any state
law to the extent that it mandates specific technologies, such as the
Utah electronic signatures law (which requires the use of digital
signature technology), and it would allow for the development and
implementation of biometrics, Secure e-sign solutions and other alternatives to Public Key
Infrastructure (PKI) technology.
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