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Details on Electronic Signatures

A signature is a stylized script associated with a person. It is comparable to a seal. In commerce and the law, a signature on a document is an indication that the person adopts the intentions recorded in the document. An electronic signature is any legally recognised electronic means that indicates that a person adopts the contents of an electronic message. It may be an electronic transmission of the document which contains the signature, as in the case of facsimile transmissions, or it may be encoded message, such as telegraphy using morse code. Increasingly, encrypted digital signatures are used in e-commerce. The concept itself is not new, with common law jurisdictions having recognizing telegraph signatures as far back as the mid-19th century and faxed signatures since the 1980s. In many countries, including the United States, the European Union and Australia, electronic signatures (when recognised under the law of each jurisdiction) have the same legal consequences as the more traditional forms of executing of documents.

The History of Electronic Signatures

In the 1980s, many companies and even some individuals began using fax machines for high-priority or time-sensitive delivery of documents. Although the original signature on the original document was on paper, the image of the signature and its transmission was electronic. Courts in various jurisdictions have decided that enforceable electronic signatures can include agreements made by email, entering a personal identification number (PIN) into a bank ATM, signing a credit or debit slip with a digital pen pad device (an application of graphics tablet technology) at a point of sale, and signing electronic documents online.

Legal Enforceability of Electronic Signatures in the United States

In the United States, the definition of what qualifies as an electronic signature is wide and is set out in the Uniform Electronic Transactions Act ("UETA") released by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 1999. It was influenced by ABA committee white papers and the uniform law promulgated by NCCUSL. Under UETA, the term means "an electronic sound, symbol, or process, attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record." This definition and many other core concepts of UETA are echoed in the U.S. ESign Act of 2000 46 US states, the District of Columbia, and the US Virgin Islands have enacted UETA.

ESIGN Act Sec 106 definitions

(2) ELECTRONIC- The term 'electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(4) ELECTRONIC RECORD- The term 'electronic record' means a contract or other record created, generated, sent, communicated, received, or stored by electronic means.
(5) ELECTRONIC SIGNATURE- The term 'electronic signature' means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.

UETA Sec 2 definitions

(5) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(6) "Electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.
(7) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.
(8) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

In law, if a signature on a contract or other document is contested, the signature must meet certain tests before a court will uphold them if contested. These requirements vary by jurisdiction, but various sorts of signatures, some entirely electronic Telex addresses (for example, ABC Company sends a Telex to XYZ Company making an offer at a particular price. The offer was held 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.

A central question in such cases is forgery and spoofing of assent, and in these decisions, courts have held that forgery and spoofing can be in practice ruled out. Nevertheless, it is easily possible, for many electronic methods of signature, or imputed signature, to forge or spoof assent. The rapidly rising problem of identity theft illustrates the ease of such forgeries.

Often, businesses rely on other means to attempt to ensure an electronic signature is correct, including talking with the signing person directly or over the phone before an electronic signing, having an ongoing business relationship, and receiving payment or other indications of intent to do business that do not rely solely on a signed document. This is good business practice even in the paper world, as forgeries have been common there since time immemorial. Fraud is a common issue in all signature situations, and neither type of signature (paper or electronic) provides fully effective anti-fraud protections.

None of the electronic signatures in 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. However, all are electronic signatures, and all have been found legally binding in some circumstances.

The Use of Digitally Captured Signatures

An emerging form of electronic signatures is defined as “Biometric Signature” or “Dynamic Signature”. The term stands for handwritten signatures that are digitized throughout the writing process – including static characteristics and biometric (dynamic) signals”. Instead of replacing the handwritten signature these kind of e-signing solutions seek to transfer the signing ceremony into the digital world. “Biometric Signatures” require a hardware device for signature capturing and a software which is able to combine the signature data, encrypt it and allows to detect later manipulation by creating a hash value.

At the time when the first versions of electronic signature laws were created in the mid 90s this sort of technology was almost unknown. In 1999 the European Directive about a framework for electronic signatures opened a broader technological approach to electronic signatures. Law makers are gradually reflecting “biometric signatures” now as well.

A lot of digitized signatures today are taken with a low resolution. One example is the capturing devices that courier services are using. They capture a rather pixilated image of a signature that is usually not applicable for a later verification. Signatures taken on these devices may easily be claimed to be a forgery. Non-repudiation can only be achieved when the biometric characteristics of a signature are captured too, and when this information is securely bound to the signed document. The additional verification of dynamic signals offers a higher level in security. A signature with a similar image like the reference signature may be detected as falsification because differences in their creation characteristics are discovered.

In order to understand what is necessary to trust a signature it is important to keep in mind that forensic experts rely on the holistic analysis of signatures, i.e. they look at and take into account the paper features, type of stylus, the ink flow and “visible” pressure. Most forensic experts exposed to the analysis of dynamic signatures tend to forget to apply the same principles. The equivalent holistic approach for dynamic signatures must take into account which device was used for signature capture, the device features and maybe even the signing environment and the co-relations to the signing process.

Signatures may be digitized during the signing process instead of scanning them from paper using a wide range of instruments: pen pads (with and without LC display), special pens and Tablet PCs. They allow a gradual move from paper-based documentation to electronic forms and straight-through-processing as well as upgrading the quality of signature verification in general. A proper comparison of static signature characteristics and dynamic signature signals requires a digitizing instrument that is taking a sufficient amount of time signals. It also has to be able to differentiate between various pressure levels and to provide an appropriate resolution rate. These requirements are also reflected in the standard for the interchange of biometric signature data (ISO/IEC FDIS 19794-7).

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Our Vcheck / Echeck check writing software is a perfect Online Giving, Donation and Tithing solution.

It allows you to accept check donations by phone, by fax or online.
 
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Our Vcheck | Echeck service allows you to instantly accept e-giving checks donations by phone, by fax, or echecks via the Internet. With support for recurring donations along with signature capture, our online giving solution is perfect for your church or non-profit organization.