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  • From: thomas <thomas AT tbeckett.com>
  • To: "Internetworkers: http://www.ibiblio.org/internetworkers/" <internetworkers AT lists.ibiblio.org>
  • Subject: Re: [internetworkers] Digitally Signing documents
  • Date: Tue, 08 Mar 2005 10:39:11 -0500

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An electronic signature is different from a legal signature. The former
is an authentication that a document originated with you (or with
someone who has access to your private key). A legal signature is a
"manifestation of intent to be bound" to a contract.

Theoretically -- I haven't researched this lately -- the electronic
signature can serve as a legal signature if you use it for that purpose.
~ Theoretically you can mark an X and be bound if you show that you
intend it for that purpose.

The bottom line is whether the signature or mark or whatever can be used
as evidence in court to prove that the signing party intended to be
bound to a contract. A faxed signature can be used as evidence, but
usually only if the original ink signature is unavailable. A .pdf of a
signed document is in the same category as a fax, I reckon.

Clear as mud?

TaB

Ian Meyer wrote:
| I am sending a Promissory Note to a relative for a loan, and have gotten
| it all done up nice on an RTF file, and want to just "print" it to a
| PDF, and post that online where she can download it, instead of having
| to mail or fax it to her.
|
| However, I was wondering about signing it with a legally binding
| signature. Can I just type my name on the "Signature" line with some
| comment about "signed electronically on 3/7/2005 by Ian Meyer" or what?
|
| Also, if that's not enough, I was thinking that using a GPG signature of
| the document should work, but how to implement it? Type my name on the
| line, and add a clause about "please refer to the accompanying
| signature.asc file for a GnuPG-generated digital signature. for more
| information on GnuPG, http://url"; or something?
|
| Any advice would be greatly appreciated.
|
| Thanks,
| ~ian
|
| --
| /---------------------------------\
| | Ian Meyer - http://frijole.info |
| | ianmeyer AT mac.com or @gmail.com |
| \---------------------------------/
|
| ---
| Come and play at the InterNetWorkers Web site!
| http://www.ibiblio.org/internetworkers/
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|
|
|

- --
- ------------------------------------------------------------------------
Thomas A. Beckett, JD & MBA Business Law and Consulting
828-713-1668 <http://www.tbeckett.com> 919-824-5696
Authentication instructions: <http://www.tbeckett.com/verification.html>
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