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any particular content at all. In this context, the word authenticate means merely the intention to represent that the signer was the sender. In common practice, e-mail among friends and close colleagues is often concluded with the initials of the sender alone. For more formal, but low-risk, electronic transactions, a more robust signature system may be desirable. This does not necessarily mean that a full-fledged public-key solution is required. For example, some business and professional online services require entry of a user name and password to access their systems. After users are on the system, they may be entitled to additional information or services, such as online dialog with an expert or authorization to view value-added proprietary documents. Here, the electronic signature is created by use of a user name and password, probably relying on access control technology far less expensive and simpler to use than public-key cryptosystems. Depending on the understanding of the parties as evidenced by contracts, disclaimers, or other conditions of use, the use of this system may authenticate the user and also by implication, or perhaps expressly, express intent to be bound by billing rates or other terms.
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Following is a description of various E-SIGN provisions:
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Technology E-SIGN requires that parties to a contract decide on the form of electronic signature technology. From a scanned handwritten signature to biometric-protected smart cards, E-SIGN allows the use of various forms of technology as long as both parties agree. Notification notification: The E-SIGN Act provides the following with regard to
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1. The consumer decides whether to use an e-signature or handwritten signature; the consumer must give consent before receiving bills and other documents only in electronic form. 2. Cancellation and foreclosure notices must be sent on paper. 3. The vendor must conduct test e-mailings before sending subsequent e-mail notifications. 4. The law does not allow e-signatures on adoptions, wills, and product safety recalls.
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Rights Consumers must be made aware of any right or option to receive a disclosure in paper form and what they must do to obtain paper copies. Furthermore, consumers must be made aware of the right to withdraw consent to have records provided electronically, including any conditions, consequences, or fees associated with doing so. The organization must describe the procedures for withdrawing consent and for updating information needed to contact the consumer electronically. Consent Consumers must be presented with and must confirm the hardware and software requirements for access and retention of electronic records and must confirm consent to the contract. Both confirmations must be visibly and conspicuously separate from all other terms and agreements. Consumer obligations The consumer is obligated to inform electronic records providers of any change in e-mail address or other location to which the electronic records may be provided. Furthermore, the consumer is obligated to notify the electronic records provider before withdrawal of consent. Enforcement The E-SIGN Act provides for its enforcement by giving authority to government agencies as needed to protect the public interest.
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Because the E-SIGN Act does not prescribe the technology that must be used to sign and verify an electronic document, an electronic signature could simply be a person s typed name on e-mail. All that is required is for both parties to agree to the technology. To the best of our knowledge, such a signature in no way fosters nonrepudiation and authentication, which have always been the foundation for commerce as we know it. Ultimately, we believe that a more solid foundation will be needed. The concepts of authentication and nonrepudiation are crucial to the operation of business transactions. To separate authorized users of information from unauthorized users, there must be a reliable way to ascertain the identity of the user. The Internet was not designed with adequate technical means to achieve this identification. In fact, without the existence of the requirements listed in Requirements for the Use of Digital Signatures, it is easy impersonate someone else.
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