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Q: Electronic legally binding signature ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Electronic legally binding signature
Category: Business and Money > eCommerce
Asked by: dmaestro22-ga
List Price: $35.00
Posted: 01 Jul 2003 14:35 PDT
Expires: 31 Jul 2003 14:35 PDT
Question ID: 224008
I want to know what the simplest way is to allow a legally binding
signature for contracts and authorization forms posted on a website.

We have various contracts and authorization forms that we would like
to make available on our website for our clients, vendors, and
employees to be able to sign electronically so we don't have to go
through the laborious task of having a paper document signed and
filed.  I have seen various sites that allow someone to simply type
their name or initials in a form box and seem to accept that as a
valid signature, they do not do any kind of "signature keys" or
anything complicated.  Even the Florida Department of Revenue does
this as it allows me to just type my name in a box to indicate my
signature on an electronic payment of my sales tax.  There is no
complicated method of verifying I am the person whose name I just
typed.

We are in Florida and as of now, everyone that would be signing these
forms are in Florida so I think that is the only laws we are concerned
with.

I do not need to know the technical aspect of setting up an HTML form
to accept the signature, I just need to know if what method would be
legally binding and need references to the actual legal documentation
that supports that.

Please ask questions if this is not clear.
Answer  
Subject: Re: Electronic legally binding signature
Answered By: cynthia-ga on 01 Jul 2003 15:43 PDT
Rated:5 out of 5 stars
 
Hi dmaestro,

Seems Florida is on the ball and has passed legislation to allow
electronic and digital signatures. There are three models the states
consider for passage:

1) Digital
2) Electronic
3) Mixed

Florida chose the MIXED model. Below the next link is the exact text
you need, but I thought you might like electronic and digital defined
first:

Signing the Digital World
http://eriepa.ybn.com/ybn_external/article_view/1,3223,99%7C444%7C0,00.html
This link addresses the difference between the digital and electronic
methods:

..."Although the terms "digital signature" and "electronic signature"
are often used interchangeably, there are technical differences
between the two....an electronic signature is simply a mark, word or
other indication that the sender intended to sign an electronic
document....A digital signature, on the other hand, involves
authentication of some sort that allows a recipient to verify that the
document was actually sent from the person listed on the document and
that it was not tampered with in transit, according to King..."


E-SIGNATURES IN TODAY'S COMMERCE - [ EXCELLENT LINK ]
http://www.eafinc.org/legal_alert/e_signature.htm
..."Electronic signatures are now authorized in Florida and a new
federal law authorizing them, the Electronic Signatures in Global and
National Commence Act, went into effect on October 1, 2000..."


THE SHORT OF IT:

Electronic Signature Act of 1996

     ..."Pursuant to section 671.201(39), Florida Statutes, "signed"
includes any symbol executed or adopted by a party with present
intention to authenticate a writing.  Similarly, a "writing" is
defined by section 671.201(46), Florida Statutes, as including any
"printing, typewriting, or any other intentional reduction to tangible
form."

     Consistent with the foregoing, the Legislature enacted Electronic
Signature Act of 1996 ("the Act").  The Act clearly equates electronic
signatures with written signatures.  Section 282.73, Florida Statutes
(1997), states that "[u]nless otherwise provided by law, an electronic
signature may be used to sign a writing and shall have the same force
and effect as a written signature." Section 282.72(4), Florida
Statutes, defines an "electronic signature" as:

     [A]ny letters, characters, or symbols, manifested by electronic
or similar means, executed or adopted by a party with an intent to
authenticate a writing.  A writing is electronically signed if an
electronic signature is logically associated with such writing..."


THE ENTIRE TEXT IS AT THE NEXT LINK

The Florida Electronic Signature Act of 1996 - CLICK TO READ:
(Including Amendments to it and other Statutes in Chapters 97-241 and
98-246)
http://www.flabarrpptl.org/actionline/julsep1998/elecsig.html
..."This article concentrates on how The Florida Electronic Signature
Act of 1996 and recent amendments may set the legal basis for real
estate documents not only being prepared in a computer program but
also being signed and notarized in the computer program and then being
recorded electronically..."


These links might assist you in developing your electronic signature
program:

The Comprehensive GLOSSARY of Electronic signing (and related terms) 
http://www2.arnes.si/~rzjtopl/usa/glossary.htm

Electronic Signature Capturing Systems
http://www.orisys.com/

Electronic Pen Technology
http://www.penop.com/
I have used this technology personally. You add a splitter type
connection to the mouse cord and when you need to sign, you literally
pick up the pen and sign...

Digital Pen Tablets - examples
http://www.officezone.com/mmperiph.htm?source=google&pentablet


I hope this has been helpful. If you need any further assistance,
please don't hesitate to ask for a clarification of my answer, before
rating me, ok?

Thanks, sincerely,
~~Cynthia

Search Strategy used at Google:
Florida "electronic signature" legal
"digital vs electronic" signature
dmaestro22-ga rated this answer:5 out of 5 stars and gave an additional tip of: $5.00
Exactly what I was looking for.  Thanks!

Comments  
Subject: Re: Electronic legally binding signature
From: cynthia-ga on 02 Jul 2003 12:23 PDT
 
Thanks for the 5 star rating and the generous tip!!

~~Cynthia

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