In particular, the United States Congress enacted the Electronic Signatures in Global and National Commerce Act in 2000 specifying that no court could thereafter fail to recognize a contract simply because it was digitally signed. The law is very permissive, making essentially any electronic character in a contract sufficient. It is also quite restrictive in that it does not force the recognition of some document types in electronic form, no matter what the electronic character might be. No restriction is made to signatures which are adequately cryptographically tied to both the document text (see message digest) and to a particular key whose use should be restricted to certain persons (eg, the alleged sender). There is thus a gap between what the cryptographic engineering can provide and what the law assumes is both possible and meaningful.
Several states had already enacted laws on the subject of electronic legal documents and signatures before the U.S. Congress had acted, including Utah, Washington, and California to name only a few of the earliest. They vary considerably in intent, coverage, cryptographic understanding, and effect.
Several other nations and international bodies have also enacted statutes and regulations regarding the validity and binding nature of digital signatures.
To date, the variety (and inadequacy) of the definitions used for digital signatures (or electronic signatures) have produced a legal and contractual minefield for those who may be considering relying on the legality and enforceability of digitally signed contracts in any of many jurisdictions. Adequate legislation adequately informed by cryptographic engineering technology remains an elusive goal. That it has been fully, or adequately, achieved (in any jurisdiction) is a claim which must be taken with considerable caution.
WIPO ASSIGNS PATENT TO PRAMATA FOR "LEGAL INSTRUMENT MANAGEMENT PLATFORM WITH TRANSACTION MANAGEMENT" (AMERICAN INVENTORS)
Oct 07, 2010; GENEVA, Oct. 8 -- Publication No. WO/2009/137788 was published on Nov. 12. Title of the invention: "LEGAL INSTRUMENT MANAGEMENT...
Explanation of Vote on Agenda Items 27 (B) and (C) on "Towards a Comprehensive and Integral International Legal Instrument to Promote and Protect the Rights and Dignity of Older Persons" in the Third Committee of the General Assembly, November 27, 2012
Nov 27, 2012; NEW YORK, NY -- The following information was released by the U.S. Mission to the United Nations: Teri Robl United States Deputy...