29 Jan
2014
29 Jan
'14
4:09 p.m.
On 01/29/2014 01:41 PM, Eric Smith wrote:
I don't recall the exact wording, but basically
any setup that scans a
physical document, transfers a representation over a telecommunication
system, and recreates it as s physical document again meets the US legal
definition of facsimile. There doesn't have to be a "fax machine" as you
would normally consider it, and Internet email should qualify for the
telecommunication, but if the document doesn't start and end in physical
form, it isn't a fax.
Untrue - see http://www.ecsi.net/help/help_esig.html
Electronic Signatures Act
On June 30, 2000, President Clinton signed into law the Electronic
Records and Signatures in Commerce Act (or Electronic Signatures Act).
The president signed the act both electronically and using the more
traditional pen-and-ink.
The Electronic Signatures Act (Public Law No: 106-229) went into effect
on October 1, 2000 and gives electronic contracts the same weight as
those executed on paper. The act has some specific exemptions or
preemptions, notably the provision concerning student loans (section
107, (b)(3)).
Although the act enables documents to be signed electronically, the
option to do so lies solely with the consumer. In other words, no
portion of the act requires you to sign documents electronically, you
retain the right to use 'paper & ink' documents at your discretion.
The act specifically avoids stipulating any 'approved' form of
electronic signature, instead leaving the method open to interpretation
by the marketplace. Any number of methods are acceptable under the act.
Methods include simply pressing an I Accept button, digital
certificates, smart cards and biometrics.