Exercise 7
Digital Signatures and Authentication Laws For Electronic Commerce in the U.S. and Abroad
New technology is adopted and used in commerce because it is better suited and more efficient than the systems they replace. The legal issues confronting use of the new technologies are not very different from those that arose with the introduction of the telegraph, telephone, and telex. . . .But due to the considerable benefit afforded by computer technology, it is highly likely that businesses will be compelled to adopt policies and procedures before answers to legal uncertainties arrive from courts or legislatures. CyberLaw (1996)
One such "legal uncertainty" is inextricably bound with the Statute of Frauds--viz., the requirement of a "signed" writing. Digital technology has required the law to once again color outside its original lines.
Since E-Commerce is a global activity, the current law is best understood by a comparison of approaches. Read An Analysis of International Electronic and Digital Signature Implementation Initiatives (http://www.ilpf.org/groups/analysis_IEDSII.htm) which provides, inter alia, background information about digital signatures and the various state approaches to authenticate use; it then places the subject in a global context.
Read GigaLaw text pp. 273-278.
Using only the internet, research only the status of your home-state's position on digital signature authentication--is it effective? Explain what you find.
Send me an e-mail with your reasoned response (200-300 words).
Send to:ajbolla@edusites.net This is the e-mail I use to receive your work product.
Use "subject" line: ilaw2signature
Include your personal identification information in any answer you "attach" to e-mail, otherewise you may not get full credit for your answer.