The Meddin Law Firm

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.