May an electronic signature legally be considered a wet signature?
Full Question:
Answer:
The Federal Legislation (E-SIGN Bill) effective October 1, 2000, gives
electronic signatures the same legal weight as wet ink signatures on paper.
The Federal Electronic Signature legislation is “technology neutral” and defers
to the marketplace for competitive selection of the technology variations.
The Federal Legislation confirms that states must allow the use of electronic
signatures if the two parties involved agree to this method of signing.
However, each state is empowered to legislate its own electronic signature
requirements.
For example, in California the basic elements are:
1. It is unique to the person using it.
2. It is capable of verification.
3. It is under the sole control of the person using it.
4. It is linked to data in such a manner that if the data are changed, the
digital signature is invalidated.
These elements are typical of the other states that have electronic signature
legislation that has been passed or is pending.