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Electronic signature



         


In recent years, the terms electronic signature and digital signature have come into widespread, and somewhat confused, use. The situation is unsatisfactory in many respects, and will remain so until usage, especially in statutes and regulations, becomes more standardized. This article is about electronic signatures and not digital signatures.

In law, if a signature on a contract or other document is contested in court, the signature must meet certain tests. These requirements vary by jurisdiction, but various sorts of signatures, some entirely electronically conveyed, have been found to be valid and binding. They include Telex addresses (for example, ABC Company sends a Telex to XYZ Company making an offer at a particular price. The offer was found to be binding when the 'signature' was challenged.), telegrams (for example, "I ACCEPT, SMITH" even though Smith never actually touched the telegraph key), and faxes of documents, even in some cases where the original was not signed by the sender.

None of these examples are digital signatures in that there is no cryptographic assurance of the sender's identity and no integrity check on the text received, but all are electronic signatures, and all have been found legally binding in some circumstances.

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