The Tender For Law

Volume 5

Feb 14, 2014 8:20 PM

Cara Small

Maybe now would be a great time to discuss electronic signatures a little more? It seems to be coming up a lot in the discussion of smart contracts.

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Pete Daoust

Digital Signatures

The computer and Telecommunications have changed how work is done and how it is exchanged. Both business and the legal system have begun to explore ways of using the Internet and other forms of electronic communication to transact work. Court systems cannot permit the electronic filing of legal documents, however, unless the documents have been authenticated as coming from the sender. Similarly, businesses will not enter into contracts using the Internet or E-Mail unless they can authenticate that the other contracting party actually made the agreement. Computers and digital scanners can reproduce handwritten signatures, but they are susceptible to forgery.

A solution has been the legal recognition of "digital signatures." The majority of states have enacted statutes that allow digital signatures in intrastate transactions. In 2000, President bill clinton signed into law the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464, also called the E-Sign Act, which essentially validates electronic contracts in interstate and foreign commerce. The act does not apply to certain types of documents, including wills, Divorce notices, and documents that are associated with court proceedings.

A digital signature is based on cryptography, which uses mathematical formulas, or algorithms, to scramble messages. Using encryption and decryption software, the sender can scramble the message and the recipient can unscramble it. To affix a digital signature to an electronic document, a signer must obtain electronic "keys." The keys are assigned in pairs: a private key and a public key.

A person creates his keys using a software program. The digital signature is affixed to the electronic document using the private key. The "signer" types in a password, similar to a personal identification number for an automatic teller machine. The private key then generates a long string of numbers and letters that represent the digital signature, or public key. The recipient of the message runs a software program using this public key to authenticate that the document was signed by the private key and that the document has not been altered during transmission.

It is mathematically infeasible for a person to derive another person's private key. The only way to compromise a digital signature is to give another person access to the signature software and the password to the private key.

Cara Small

We can call it a digital signature if you think that is more accurate. I am wondering HOW a digital signature is witnessed to be from the party that the other party is intending to contract with. Scott did say that a digital signature is not the same as a wet ink signature and I am wanting to discuss the difference and where the line is between whether or not a digital signature is substantial. I see that in the definition you posted- The "act" does not apply to wills, divorce, notices, and documents that are associated with court proceedings. I want to know why.

Maximus Legis

My research has lead me to understand that a SIGNATURE is the mark made by a living man/woman. Apparently the word is derived/composed from the phrase SIGN(OF)NATURE. A facsimile of a signature suggests fraud to me. I may be wrong but my research leads to my opinion.

Cara Small

No. I was speaking of digital signatures way back when we were discussing how birth certificates are formed. I was looking through the .gov site and saw that you could now register babies "online" and I know I signed the registration forms and sent them in. It then occurred to me that they must be accepting a signature online somehow. Then I thought how could they know it is the mother?

Cara Small

Yes. That is how I felt about it. They are definitely not the same thing and I want to know where/how it can be applied. Where IS a digital signature acceptable and where isn't it? To better understand, I want to know why.

Maximus Legis

The digital signatures you are thinking about are a mouse click from an i.p address. Ethereum is a whole other ball of wax which I'm not qualified to explain in detail but I do comprehend the difference. The Admiral would be the one to elaborate.

Maximus Legis

If you don't know who you're dealing with you shouldn't be dealing with them. I think you're getting confused between currency transactions and contracts. Contracts "know with whom you are dealing" Currency transactions = WHO GIVES A FUCK AS LONG AS THE TRADE GOES THROUGH !

August le Blanc

Ah, Band Camp� :-) This one of the private electronic signatures, held in trust, and used as er wines of the shareholder = King, administered by the board of Directors ( Admiral), enforced by the Officer = Vice President, as The CEO Office is the ultimate surety Issuing orders = General. Kings = We Wish.= Shareholder Admirals Command = The Board of Directors. General's Order =Vice President. This is notice that accompanies some business:

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T?lis B?auns

"Any mark made with the intent of recording assent to a proposition is a signature. ..intent and assent are elements distinguishing a signature froman ordinary writing."

Journal of Criminal Law and Criminology - Volume 27 Issue 3 September-October / Article 5 / Fall 1936 Fingerprint Signatures (A Word of Caution Concerning Their Use) _George Tyler Mairs

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