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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.

For your state, see the table below.

State
Uniform Electronic Transactions Act Adopted
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
D.C. Code §28-4901
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N/A
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming



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