The transition from a world of legal documents on paper to one of electronic documents still encounters difficulties after all these years. One of the main ones seems to be the nature of the electronic signature. I recently described the focus on e-signatures as a “fetish” for its ability to distract analysis from the real issues or to create them when none really exist.
Much of the early law that intended to remove legal barriers to electronic commerce required that valid electronic signatures needed to be as reliable as appropriate in the circumstances. This requirement is misguided. It leaves the . . . [more]