Q.What is an electronic signature?

A.On June 20, 2000, Congress enacted the Electronic Signatures in Global and National Commerce Act ("ESIGN"), 15 U.S.C. § 7001 et seq. to facilitate e-commerce. ESIGN provides a uniform federal law that validates electronic signatures, effectively allowing parties to enter into a contract on the Internet. ESIGN defines an "electronic signature" extremely broadly to encompass everything from an encryption-based "digital signature" to the simple task of entering a PIN number, password, or clicking of an "I Accept" button. Consequently, a signature includes "any symbol" or "act" so long as it is "executed or adopted by a party with the intent to authenticate a writing."

California's electronic signature laws are embodied in California Civil Code Section 1633.1, et. Seq.

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