Literature and Web Research
A Discussion About S-Signatures With Examples
Author Unknown, A Discussion About S-Signatures With Examples. Patentably Defined. The Law Office of Michael E. Kondoudis. March 31, 2010. Retrieved on October 17, 2013. http://patentablydefined.com/2010/03/31/a-discussion-about-s-signatures-with-examples/
S-signatures have been used by the U.S. Patent Office for several years according to this article. An S-signature is an e-signed document whereas the signee's name is written after forward slashes (/).
Example:
/John T. Smith/
John T. Smith
This is listed as a second level of security method according to the included article, How to Make Sure that Digital Signature is Legit. Examples are listed in the article.
Key Terminology:
S-Signatures: an electronic signature between forward slashes and includes any signature made by non-handwritten means (i.e., electronic or mechanical)
Adobe EchoSign Security Overview
https://acrobat.adobe.com/us/en/sign.html. Retrieved October 21, 2013.
Adobe EchoSign is one vendor of e-signature software that provides a secure system for safe digital transactions. This particular document provides an overview of the software's procedures in order to assure the client of its security and reliability.
A Primer on E-Commerce Law in Florida
Green, David A., Esq., Fox Rothschild LLP, A Primer on E-Commerce Law in Florida, South Florida Chapter FOCUS Newsletter 2Q12, pg. 4. Retrieved on October 17, 2013. http://www.foxrothschild.com/publications/a-primer-on-e-commerce-law-in-florida/
This article outlines Florida's electronic commerce statutes. It also indicates that the "S signature" on a document does not constitute as an electronic signature which is contradictory, however, to the two articles (ADiscussion About S-Signatures With Examples and S-Signature Examples, 37 CFR 1.4(d)(2) effective September 21, 2004) listed in this summary of reference materials.
Key Terminology:
Electronic Signature: any letters, characters or symbols manifested by electronic or similar means
Contracts and Electronic Signatures
Author Unknown. Contracts and Electronic Signatures. FindLaw.com. Retrieved on October 17, 2013. http://smallbusiness.findlaw.com/business-operations/contracts-and-electronic-signatures.html
This article represents an overall summary of e-signatures and contracts including information on Cryptography (scrambling information from the sender and allowing the receiver to unscramble it). It also includes syntax data for programmers. Finally, it includes a list of documents that cannot be done electronically. This list is consistent with other articles found in this summary.
Key Terminology:
Electronic Contract: a document that is created, transmitted and signed, all in electronic form.
Cryptography: the means of scrambling information from the sender and allowing the receiver to unscramble it. Example: Public Key Infrastructure (PKI).
Digitally Encrypted Electronic Signatures
Johnson, Gregory C. and Van Portfliet, Randy R., Michigan Department of Transportation. (February 28, 2012) Office Memorandum: Digitally Encrypted Electronic Signatures. Retrieved October 21, 2013.
http://www.michigan.gov/documents/mdot/MDOT_IM12-02_378056_7.pdf
This Office Memorandum issued by the Michigan Department of Transportation outlines the use of Digitally Encrypted Electronic Signatures. It outlines the validation process to assure the signature is considered valid. One interesting aspect of this memo is the utilization of digital electronic signatures for any document that requires multiple signatures (such as contract revisions). Finally, it includes instructions for signing e-documents in Adobe Acrobat, Signature Validation, and Setting up New Digital Electronic Signature for the First Time.
Key Terminology:
Document Certification: allows the document creator to ensure that no changes will be made to the document after signing. If any changes are made to a certified document after a certifying signature they will be very apparent and prevent anyone else from validating said document. The option of document certification should only be used when there is only going to a single signature on a form or document.
Signature Validation: verification by the recipient of an electronically signed document to confirm the identity of the signer/sender before the electronic signature may be considered valid. The first (and typical) method is verification of the identity of the signer. If the was supposed to be signed by a certain person and their name appears, then this requirement has been met. Secondly, it is common to identify the method/source of delivery. If the document arrives from the signer's unique email address then the second validation method criterion has also been met.
Digital Signatures at LaDOTD
Ward, Hollis. (September 28, 2009). Digital Signatures at LaDOTD. 2009 IHEEP Conference. Retrieved on October 21, 2013. http://www.dot.state.tx.us/iheep2009/presentations/0G3_Digital_Signatures_Panel_LaDOTD_HollisWard.pdf
This presentation delivered at the 2009 IHEEP Conference in San Antonio, Texas on September 28, 2009 by Hollis Ward, DOTD Design Automation Manager. The Louisiana Department of Transportation uses the Silanis ApproveIt Signature Verification software to approve plans and outlines the process for retrieving e-signatures.
Key Terminology:
Digital Signature: an electronic authentication process attached to or logically associated with an electronic document. The digital signature must be:
DocuSign for Real Estate
https://www.docusign.com/industries/real-estate. Retrieved on October 21, 2013.
DocuSign is another e-signature provider. This document outlines the benefits of e-signature in the real estate world. They are the "official and exclusive electronic signature provider to the National Association of REALTORS®, under the REALTOR Benefits® Program.
E-signatures: The complete guide to paperless signing
Null, Christopher (April 26, 2013). E-signatures: The Complete guide to paperless signing. PC World Magazine. Retrieved on: October 21, 2013. http://www.pcworld.com/article/2035744/e-signatures-the-complete-guide-to-paperless-signing.html
This guide to electronic signatures from PC World Magazine discusses the legality of e-signed contracts and includes a link to ESIGN Act which gives e-signatures the same legal weight as manual signatures. The article also includes their version of the most popular vendors of e-signature options to include DocuSign, Adobe EchoSign, Sertifi, and Right Signature. Silanis is not listed in this particular article.
Electronic Signatures and Online Contracts
Author Unknown. Electronic Signatures and Online Contracts. NOLO.com. Retrieved on October 17, 2013. http://www.nolo.com/legal-encyclopedia/electronic-signatures-online-contracts-29495.html
The information included in this article includes the basics of e-signatures to the types of signatures obtained through the process. These include Cryptographic Signatures (PKI) which scramble and unscramble data. This Public Key Infrastructure is believed to be the most secure and reliable method of signing contracts online. It also outlines XML-Based signatures which offer a method of a digitally-recorded fingerprint and hardware that electronically records a signature. This article also includes a list of documents that must be on paper and the site includes a two-minute video on how to make an electronic agreement.
Key Terminology:
Electronic Contract: an agreement created and "signed" in electronic form – in other words, no paper or other hard copies used.
Cryptography: the science of securing information.
Electronic Signatures in Global and National Commerce Act
Federal Trade Commission. (June 27, 2001). Electronic Signatures in Global and National Commerce Act. Retrieved on October 17, 2013. https://www.ftc.gov/news-events/press-releases/2001/06/joint-ftccommerce-department-report-released-reasonable
This article provides information regarding "interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically." It discusses benefits to the consumer as well as the merchant and includes a list of benefits and burdens of e-signatures.
Key Terminology:
Electronic Signatures in Global and National Commerce Act (ESIGN): An act that went effective in October 2000, outlining the use of electronic records and contracts entered into electronically.
Electronic Signature Pilot Project by Volpe National Transportation System Center
Volpe National Transportation Systems. Electronic Signature Pilot Project. (2007)
In 2007, the Volpe National Transportation Systems Center Planning Collaboration Initiative issued findings from their Electronic Signature Pilot Project. The purpose of the pilot project was to better serve customers, to improve internal processes, and to reduce the time and expenses associated with the handwritten signature process.
Key Terminology:
Electronic Signature: A digital mechanism for identifying the signer or sender of an electronic document. This term most commonly refers to a digital illustration of a person's handwritten signature, inserted as a graphic element to mimic a hand-signed document. It can also refer to email headers and facsimile origination numbers. They do not provide proof that the person represented has actually "signed" the document or that the document hasn't changed since the signature was inserted.
Digital Signature: An electronic and tamperproof seal that can be used to authenticate the identity of the person who "signed" a document or to indicate that the document has not been changed since the signature was added. All digital signature systems use some type of cryptography to prevent falsification of signatures.
Electronic Transactions Act Summary
Uniform Law Commission. Electronic Transactions Act Summary. Retrieved on October 16, 2013. http://uniformlaws.org/ActSummary.aspx?title=Electronic Transactions Act
The Uniform Electronic Transactions Act (UETA) is included with this summary. The summary discusses the enactment of UETA in 1999 and outlines the basic rules governing the act. UETA's objective is to assure that an electronic signature (record) is given the same legal equivalency as a paper record with a manual signature.
Key Terminology:
Uniform Electronic Transactions Act (UETA): the first comprehensive effort to prepare state law for the electronic commerce era.
Transaction: an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
Electronic Commerce: persons doing business with other persons with computers and telephones or television cable lines.
Electronic Agents: computer programs that are implemented by their principals to do business in electronic form.
Field Guide to Electronic Signatures
National Association of Realtors Library. (December 2012). Field Guide to Electronic Signatures. Retrieved on October 21, 2013.
This National Association of Realtors web page provides various links regarding the use of electronic signatures in real estate including the impact of e-signatures over a 10-year period, legal aspects and more. The National Association of Realtors uses DocuSign Electronic Signature Service to accelerate real estate transactions. This article also provides links to organizations and their usage of e-signatures, such as Bank of America, Fannie Mae, and Freddie Mac.
How to Make Sure that Digital Signature is Legit
West, Angela. (April 11, 2012). How to Make Sure that Digital Signature is Legit. Business and Finance Software; PC World Magazine. Retrieved on October 21, 2013. http://www.pcworld.com/article/253523/how_to_make_sure_that_digital_signature_is_legit.html
This article, also out of PC World Magazine, discusses ways to certify that e-signed documents will stand up in court. One method mentioned is to include several check boxes throughout a contract or document acknowledging the terms of the agreement. The article says, "A user who checks those boxes will have a hard time arguing later that they didn't understand what they were signing." It also lists the three security levels of e-signing and when not to use an e-signature.
S-Signature Examples, 37 CFR 1.4(d)(2) effective September 21, 2004
https://www.uspto.gov/web/offices/pac/dapp/opla/preognotice/sigexamples_alt_text.pdf
U.S. Patent Office. (October 27, 2004). S-Signature Examples. Retrieved October 17, 2013.
Another publication of the U.S. Patent Office, this lists proper and improper usages of an S-signature.
Silanis: Government
https://www.esignlive.com/industries/government/. Retrieved on October 21, 2013.
Silanis is an e-signature provider with many government contracts including the U.S. Army, U.S Air Force, U.S. Navy, U.S. Joint Chiefs of Staff, and the U.S. Treasury. More applicable to Task 3, Kansas Department of Transportation and the Louisiana Department of Transportation both use Silanis for their e-signature needs. The article also provides a list of transactions for government entities including, but not limited to, e-Contracting, procurement contracts, and licensing and permits for citizens and business.
Silanis: Louisiana Department of Transportation & Development Chooses Silanis for Web-based Electronic Signing
Silanis. Louisiana Department of Transportation & Development Chooses Silanis for Web-based Electronic Signing. News Releases. Silanis. Retrieved October 21, 2013. https://www.esignlive.com/about-us/news/louisiana-department-of-transportation-development-chooses-silanis-for-web-based-electronic-signing/
This news release from June, 2008, announces that Silanis has secured a contract to provide e-signature solutions to the Louisiana Department of Transportation.
Terminology from the South Dakota State Legislature regarding Electronic Transactions
South Dakota State Legislature. 53-12-1 Definition of Terms. Accessed October 16, 2013. http://sdlegislature.gov/statutes/PrinterStatute.aspx?Type=Statute&Statute=53-12-1
Key Terminology:
Agreement: the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules and procedures given the effect of agreements under laws otherwise applicable to a particular transaction
Automated transaction: a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction
Computer program: a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result
Contract: the total legal obligation resulting from the parties' agreement as affected by
this chapter and other applicable law
Electronic: any technology using electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities
Electronic agent: a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual
Electronic record: a record created, generated, sent, communicated, received, or stored by electronic means
Electronic signature: an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record
Governmental agency: an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state
Information: data, text, images, sounds, codes, computer programs, software, databases, or the like
Information processing system: an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information
Person: an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity
Record: information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form
Security procedure: a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures
State: a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state
Transaction: an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs
Uniform Electronic Transactions Act – States who have adopted UETA
National Conference of State Legislatures. Uniform Electronic Transactions Act. Retrieved on October 17, 2013. http://www.uniformlaws.org/Act.aspx?title=Electronic%20Transactions%20Act
Information included in this article provides a map of the states who have adopted the UETA as well as a list of the year enacted and links to each state's statutory citation.
