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To authorize the use of electronic records and electronic signatures; to provide
for the legal effect of such usage; to provide for recovery by a person whose electronic
signature is used in an unauthorized fashion; and to limit public disclosure of
electronic signatures.
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Be it enacted by the legislature of Alabama:
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Section 1. This act shall be known and may be cited as the "Alabama
Electronic Records and Signature Act."
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Section 2. For purposes of this act, the following terms shall
have the following meanings:
- ELECTRONIC RECORD. Information that is stored in an electronic or other medium and
is retrievable in perceivable form.
- ELECTRONIC SIGNATURE. An electronic or digital method executed or adopted by a party
with the intent to be bound by or to authenticate a record, which is unique to the
person using it, is capable of verification, and is linked to data in such a manner
that if the data is changed the electronic signature is invalidated.
- PERSON. A natural person, corporation, trust, partnership, incorporated or unincorporated
association, or any other legal entity.
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Section 3. Any person, including, but not limited to, any department
or agency of the state or any of its political subdivisions, may accept or agree
to be bound by an electronic record executed or adopted with an electronic signature.
When a person accepts or agrees to be bound by an electronic record executed or
adopted with an electronic signature, the following shall apply:
- Any rule of law which requires a record of that type to be in writing shall be deemed
satisfied.
- Any rule of law which requires a signature shall be deemed satisfied.
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Section 4. A person whose electronic signature is used in an unauthorized
fashion may recover or obtain any or all of the following against the person who
engaged in the unauthorized use, provided that the use of the electronic signature
in an unauthorized fashion was negligent, reckless, or intentional:
- Actual damages.
- Equitable relief, including, but not limited to, an injunction or restitution of
money or property.
- Punitive damages as prescribed by law.
- Reasonable attorneys' fees and expenses.
- Any other relief which the court deems proper.
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Section 5. Public disclosure may not be required for records containing
information that would disclose or may lead to the disclosure of any component in
the process used to execute or adopt an electronic signature, if disclosure would
or may cause the electronic signature to cease being under the sole control of the
person using it.
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Section 6. This act shall become effective immediately upon its
passage and approval by the Governor, or its otherwise becoming law.
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The electronic records and signatures act [act 718 of 1999]
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In the last ten years Arkansas has enacted several laws to facilitate electronic
transactions in State government and to make government more accessible to its citizens.
In 1999 the Arkansas Electronic Records and Signatures Act was passed (A.C.A. 25-31-101
et seq.) to promote the development of electronic government and commerce. Following
the passage of the federal Electronic Signatures in Global and National Commerce
(E-Sign) Act (U.S. Public Law 106-229) in 2000, Arkansas passed its own Uniform
Electronic Transactions Act or UETA (A.C.A. 25-32-101 et seq.) in 2001. Act 722
of 2007 requires state agencies to permit the use of electronic signatures by June
2009. The responsibility for the adoption of standards and policies lies with the
Department of Finance and Administration and the Department of Information Systems.
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- In any written communication with a public entity, as defined in Section 811.2,
in which a signature is required or used, any party to the communication may affix
a signature by use of a digital signature that complies with the requirements of
this section. The use of a digital signature shall have the same force and effect
as the use of a manual signature if and only if it embodies all of the following
attributes:
- It is unique to the person using it.
- It is capable of verification
- It is under the sole control of the person using it.
- It is linked to data in such a manner that if the data are changed, the digital
signature is invalidated.
- It conforms to regulations adopted by the Secretary of State. Initial regulations
shall be adopted no later than January 1, 1997. In developing these regulations,
the secretary shall seek the advice of public and private entities, including, but
not limited to, the Department of Information Technology, the California Environmental
Protection Agency, and the Department of General Services. Before the secretary
adopts the regulations, he or she shall hold at least one public hearing to receive
comments.
- The use or acceptance of a digital signature shall be at the option of the parties.
Nothing in this section shall require a public entity to use or permit the use of
a digital signature.
- Digital signatures employed pursuant to Section 71066 of the Public Resources Code
are exempted from this section.
- "Digital signature" means an electronic identifier, created by computer,
intended by the party using it to have the same force and effect as the use of a
manual signature.
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O.C.G.A. 10-12-3
GEORGIA CODE
Copyright 2009 by The State of Georgia
All rights reserved.
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*** Current through the 2009 Regular Session ***
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TITLE 10. COMMERCE AND TRADE
CHAPTER 12. ELECTRONIC TRANSACTIONS
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O.C.G.A. 10-12-3 (2009)
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10-12-3. Applicability to electronic records and signatures relating to a transaction
(3)The Uniform Computer Information Transactions Act.
(c)This chapter shall apply to an electronic record or electronic signature otherwise
excluded from the application of this chapter under subsection (b) of this Code
section to the extent it is governed by a law other than those specified in subsection
(b) of this Code section.
(d)A transaction subject to this chapter shall also be subject to other applicable
substantive law.
(e)A governmental agency which is a party to a transaction subject to this chapter
shall also be further subject to the records retention requirements for state and
local government records established by state law.
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- If in the regular course of business, a financial institution possesses, records,
or generates any document, representation, image, substitute check, reproduction,
or combination thereof, of any agreement, transaction, act, occurrence, or event
by any electronic or computer-generated process that accurately reproduces, comprises,
or records the agreement, transaction, act, occurrence, or event, the recording,
comprising, or reproduction shall have the same force and effect under the laws
of this State as one comprised, recorded, or created on paper or other tangible
form by writing, typing, printing, or similar means.
- In any communication, acknowledgement, agreement, or contract between a financial
institution and its customer, in which a signature is required or used, any party
to the communication, acknowledgement, agreement, or contract may affix a signature
by use of a digital signature, and the digital signature, when lawfully used by
the person whose signature it purports to be, shall have the same force and effect
as the use of a manual signature if it is unique to the person using it, is capable
of verification, is under the sole control of the person using it, and is linked
to data in such a manner that if the data are changed, the digital signature is
invalidated. Nothing in this Section shall require any financial institution or
customer to use or permit the use of a digital signature. (Source: P.A. 90-575,
eff. 3-20-98.)
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44th legislature - state of new mexico - first session, 1999 - Introduced by pauline
b. Eisenstadt
An act relating to records; amending the electronic authentication of documents
act to clarify the purpose and change certain technical definitions.
Be it enacted by the legislature of the state of new mexico:
Section 1. Section 14-15-2 nmsa 1978 (being laws 1996, chapter 11, section 2) is
amended to read: "14-15-2. Purpose.--the purpose of the electronic authentication
of documents act is to:
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- Provide a centralized, public, electronic registry for authenticating electronic
documents by means of a public and private key system
- promote electronic commerce [and] by eliminating barriers resulting from uncertainties
over signature requirements and promoting the development of the legal and business
infrastructure necessary to implement secure electronic commerce ;C. facilitate
electronic [ information] filing of documents with government agencies and promote
efficient delivery of government services by means of reliable, secure electronic
records and document transactions; andD. establish a coherent approach to rules
and standards regarding the authentication and integrity of electronic records that
can serve as a model to be adopted by other states and help to promote uniformity
among the various states."
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The Electronic Signatures and Records Act (ESRA). Pursuant to Chapter 4, §3
of the Laws of 1999
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The Electronic Signatures and Records Act (ESRA) provides that "signatures"
made via electronic means will be legally binding just as hand-written signatures
now are. The law also enhances and clarifies the authority of government to create
and retain records in computer produced electronic form. There is now no doubt that
electronic records have the same legal force as those produced in other formats
such as paper and microfilm.
The legislation also designates the state Office for Technology as the Electronic
Facilitator responsible for promulgating rules and regulations for programs authorized
by the bill.
The legislation does not mandate the use of electronic signatures and records. It
protects citizens who wish to continue to do business with government through paper
records and forms, and requires that information exchanged electronically to determine
identity not be shared with outside parties.
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Guidelines for the Management of Electronic Transactions and Signed Records
Prepared by the UETA Task Force of the Department of Information Resources and the
Texas State Library and Archives Commission |
Executive Summary
Texas Uniform Electronic Transactions Act (UETA)
The 77th Legislature passed UETA in 2001 to help establish a legal framework for
the growing use of Internet transactions between state and local government and
citizens. As is true with the complex nature of the Internet, the new laws can seem
imposing and complicated. This Executive Summary will brief you on the uses and
risks associated with UETA. You can search the Guidelines for the Management of
Electronic Transactions and Signed Records (the Guide) to learn more detail.
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Introduction and Applicability
Information can be contained in a tangible medium such as paper, or in an intangible
form, such as electronic documents stored on a computer disk or diskette. This Guide
applies to transactions that are created, sent, received, maintained or stored electronically.
The Guide must be followed by state agencies, as defined in Texas Government Code,
Section 2054.003(12), if it applies as a rule of the Department of Information Resources.
The Guide must be followed by state agencies, and in some instances, by local governments,
if it applies as a rule of the Texas State Library and Archives Commission. Local
governments may use this Guide even if they are not required to do so by law or
by a rule of the Texas State Library and Archives Commission. Use the Guide to evaluate
transaction risks and the effectiveness of a given signature method, to match the
signature method to the degree of risk, and to formulate plans and procedures for
the management of electronic records and electronic signatures.
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SB 1058
287-21
287-22
287-23
287-24
287-25
287-26
288-1
288-2
288-3
288-4
288-5
288-6
288-7
288-8 |
Digital signature
Sec. 2A.110. DIGITAL SIGNATURE. (a) A written electronic
communication sent from within or received in this state in
connection with a transaction governed by this chapter is
considered signed if a digital signature is transmitted with the
communication.
(b) This section does not preclude any symbol from being
valid as a signature under other applicable law, including Section
1.201(39).
(c) The use of a digital signature under this section is
subject to criminal laws pertaining to fraud and computer crimes,
including Chapters 32 and 33, Penal Code.
(d) In this section "digital signature" means an electronic
identifier intended by the person using it to have the same force
and effect as the use of a manual signature. |
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Uniform Electronic Transactions Act
The following provisions contained in VA. CODE ANN. § 59.1-485 are very similar
to E-Sign:
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- A record or signature may not be denied legal effect or enforceability solely because
it is in electronic form.
- A contract may not be denied legal effect or enforceability solely because an electronic
record was used in its formation.
- If a law requires a record to be in writing, an electronic record satisfies the
law.
- If a law requires a signature, or provides for certain consequences in the absence
of a signature, an electronic signature satisfies the law.
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UETA also addresses the issue of what evidentiary weight is to be given to a particular
electronic signature. VA. CODE ANN. § 59.1-491 states that the trier of fact
shall consider whether the electronic signature is:
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- Unique to the signer,
- capable of verification,
- under the signer's sole control,
- linked to the record in such a manner that it can be determined if any data contained
in the record was changed subsequent to the electronic signature being affixed to
the record, and
- created by a method appropriately reliable for the purpose for which the electronic
signature was used.
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- State of Washington Digital Certificate Statute (RCW 19.34.010)
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This chapter shall be construed consistently with what is commercially reasonable
under the circumstances and to effectuate the following purposes: |
- To facilitate commerce by means of reliable electronic messages;
- To ensure that electronic signatures are not denied legal recognition solely because
they are in electronic form;
- To provide a voluntary licensing mechanism for digital signature certification authorities
by which businesses, consumers, courts, government agencies, and other entities
can reasonably be assured as to the integrity, authenticity, and nonrepudiation
of a digitally signed electronic communication;
- To establish procedures governing the use of digital signatures for official public
business to provide reasonable assurance of the integrity, authenticity, and non-repudiation
of an electronic communication;
- To minimize the incidence of forged digital signatures and fraud in electronic commerce;
- To implement legally the general import of relevant standards; and
- To establish, in coordination with states and other jurisdictions, uniform rules
regarding the authentication and reliability of electronic messages. [1999 c 287
§ 1; 1996 c 250 § 102.]
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Effective date -- 1999 c 287: "This act is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately [May 13, 1999]."
[1999 c 287 § 20.] |
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Code on Electronic Transactions
The West Virginia Legislature adopted Senate Bill 204 on April 14, 2001, effective
90 days from passage. It replaced the provision of previous electronic transactions
law adopted in 1999. The bill created Chapter 39A, Electronic Transactions, and
amended Chapter 46A, the West Virginia Consumer Credit and Protection Act, and Chapter
55, relating to actions on contracts. The complete text of S. B. 204 is included
below.
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Chapter 39A. Electronic Commerce
Article 1. Uniform Electronic Transactions Act
Article 2. Consumer Protections and Responsibilities in Electronic Transactions
Article 3. Digital Signatures; State Electronic Records and Transactions
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39A-1-7. Legal recognition of electronic records, electronic signatures and
electronic contracts.
- A record or signature may not be denied legal effect or enforceability solely because
it is in electronic form.
- A contract may not be denied legal effect or enforceability solely because an electronic
record was used in its formation.
- If a law requires a record to be in writing, an electronic record satisfies the
law.
- If a law requires a signature, an electronic signature satisfies the law.
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Chapter 15 : Connecticut uniform electronic transactions act
Sec. 1-272. Legal recognition of electronic records, electronic signatures and electronic
contracts.
- A record or signature may not be denied legal effect or enforceability solely because
the record or signature is in electronic form.
- A contract may not be denied legal effect or enforceability solely because an electronic
record was used in the formation of the contract.
- If a law requires a record to be in writing, an electronic record satisfies the
law.
- If a law requires a signature, an electronic signature satisfies the law.
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The Electronic Signatures and Records Act (ESRA). Pursuant to Chapter 4, §3
of the Laws of 1999
The Electronic Signatures and Records Act (ESRA) provides that "signatures"
made via electronic means will be legally binding just as hand-written signatures
now are. The law also enhances and clarifies the authority of government to create
and retain records in computer produced electronic form. There is now no doubt that
electronic records have the same legal force as those produced in other formats
such as paper and microfilm.
The legislation also designates the state Office for Technology as the Electronic
Facilitator responsible for promulgating rules and regulations for programs authorized
by the bill.
The legislation does not mandate the use of electronic signatures and records. It
protects citizens who wish to continue to do business with government through paper
records and forms, and requires that information exchanged electronically to determine
identity not be shared with outside parties. |
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