- essentialnetworksAsked on February 22, 2013 at 03:38 AM
Is signing with a mouse a legal signature ?
This is a re-post of a comment on Announcing E-Signatures for Forms
- JotForm FounderaytekinAnswered on February 22, 2013 at 03:45 AM
Yes, signing with a mouse a legal signature:
The Electronic Signatures in Global and National Commerce Act (ESIGN, Pub.L. 106–229, 114 Stat. 464, enacted June 30, 2000, 15 U.S.C. ch. 96) is a United States federal law passed by the U.S. Congress to facilitate the use of electronic records and electronic signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically. In 2010, both Houses of Congress passed a resolution at the request of industry leaders, recognizing June 30 as "National ESIGN Day."
Although every state has at least one law pertaining to electronic signatures, it is the federal law that lays out the guidelines for interstate commerce. The general intent of the ESIGN Act is spelled out in the very first section(101.a), that a contract or signature “may not be denied legal effect, validity, or enforceability solely because it is in electronic form”. This simple statement provides that electronic signatures and records are just as good as their paper equivalents, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents.
There is no difference between these two cases:
- Signing with your mouse and sending the signature electronically
- Signing with pen and then faxing it or sending a scan of it electronically