Electronic writing, signatures

[Nicholas Bohm]

At 14:19 31-12-2001 +0000, Richard Clayton wrote:
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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

Quite right:  the advice is as to the law of England & Wales

>>>  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".

For those searching, it's in fact the Requirements of Writing (Scotland)
Act 1995, not 1996.

I'm not a Scots lawyer; but I cannot see anything in this Act that affects
what is or isn't writing; and the provisions of the Interpretation Act 1978
defining "writing" apply to the whole of the UK; so I doubt if the ECA does
more in Scotland than anywhere else.  But it would be interesting to hear
from someone qualified.

>        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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