Electronic writing, signatures

Richard Clayton richard at highwayman.com
Mon, 31 Dec 2001 14:19:10 +0000


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In article <5.1.0.14.0.20011231115634.00ac8950@mail.cix.co.uk>, Peter
Sommer <hcorn@cix.co.uk> writes

>Nicholas Bohm says:
>>The Law Commission, to my surprise, conclude that even without the
>>Electronic Communications Act 2000 the law already recognises e-mail and
>>websites as being in writing within the usual statutory meaning, and
>>recognises typed names or the clicking of "sign now" buttons as signatures.

to avoid confusion: this was the England & Wales Law Commission

>>  The use of PKC or other technical methods for signatures affects the
>>weight to be given to the evidence in the case of a dispute, nothing more.
>
>The Law Commission's conclusions are what I had hoped for - there was in 
>fact almost no need for ECA, 2000 - other than to make the Government feel 
>it was doing something to promote electronic commerce.

I believe that it will make a substantial difference in Scotland because
of the "Requirements of Writing (Scotland) Act 1996".

        not that I disagree with Peter's conclusion - it's more that
        they may have done some good by accident :)

- -- 
richard                                              Richard Clayton

They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety.         Benjamin Franklin

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