The secure e-sign act incorporates certain party autonomy
principles by stating that it does not require any person to agree to
use or accept
electronic records or electronic signatures. At the request of
Microsoft, the E-Sign Act provides that a contract or other record
relating to a transaction may not be denied legal effect solely because
its formation, creation or delivery involves the action of an electronic
agent, provided the action of the electronic agent is legally
attributable to the person to be bound. An
xml digital
signature is a computer program or other automated means used to
initiate an action or respond to secure e-sign records or
performances without review or action by an individual.
Secure e-sign
interaction with state laws
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The secure e-sign act is also important because it gives
recognition and effect to
electronic
signatures, contracts and records uniformly throughout the United
States. Over the years, dozens of states have enacted differing laws
governing the use of electronic signatures, and no two of the laws are
the same. The patchwork quilt of differing legal protections, commercial
standards and levels of security has confused both businesses and
consumers, and has slowed the development of secure e-sign and
Internet commerce.
A uniform state law, the Uniform Electronic Transactions Act (UETA), was
approved by the National Conference of Commissioners on Uniform State
Laws (NCCUSL) to address this concern, but state adoption is not
mandatory and could take several years. Furthermore, states are not
bound to adopt the NCCUSL version of UETA, nor is there any certainty
that if and when they do adopt UETA, that preexisting and possibly
conflicting state laws on secure e-sign will be overridden at the
same time.
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