But using the UETA or E-sign, we can accept scanned signatures through e-mail.
It's not even a close question.

There are even a couple of court decisions out there suggesting that if someone
says "I agree" during a digitally recorded conversation, it can be a valid
signature under the UETA.

Prior to the UETA and E-sign and similar statutes, it wasn't the fax of the
signature that was considered valid, but the original signature presumably still
at the other end of the faxing process. If the person in possession of the
original signature refused to produce the document or shredded it, the fax could
be used as evidence that the original signature had, in fact, existed. For many
purposes this was perfectly acceptable. Of course, the same concept will apply
to a scan of a real signature.

Regards,

- Warren Agin
_____________________________________
Warren E. Agin
Swiggart & Agin, LLC
197 Portland Street
Boston, MA 02114
617.742.0110 x203 fax 617.723.2830
direct: 617.517.3203
WEA@...
http://www.swiggartagin.com
_____________________________________

For more information about Swiggart & Agin, LLC, please visit
http://www.swiggartagin.com. for topical legal information, please visit
www.lawtrove.com.

----- Original Message -----
From: Drew Lehman
To: CYBERIA-L@...
Sent: Tuesday, June 03, 2008 10:44 AM
Subject: Fax vs Scanned Signatures


These ia an interesting article by Bruce Schneier about why we accept
faxed signatures through unsecured pots lines and why we can't accept
scanned signatures through email.

"Aren't fax signatures the weirdest thing? It's trivial to cut and paste
-- with real scissors and glue -- anyone's signature onto a document so
that it'll look real when faxed. There is so little security in fax
signatures that it's mind-boggling that anyone accepts them. Yet people
do, all the time. I've signed book contracts, credit card
authorizations, nondisclosure..."

http://www.schneier.com/blog/archives/2008/06/fax_signatures.html

Slashdot post - http://it.slashdot.org/it/08/06/03/1317221.shtml


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