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Federal Register Notices,
Requests for Comments
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NTIA has released its report, ELECTRONIC SIGNATURES:
A Review of the Exceptions to the Electronic Signatures in Global and National Commerce Act.
The report is also available in .pdf format
and WordPerfect 6/7/8 format.
About this proceeding:
Section 101 of the Electronic Signatures in Global and
National Commerce Act, Pub. L. No. 106-229, codified at 15 U.S.C. §§
7001 et seq. ("ESIGN" or "the Act"), preserves the legal effect, validity,
and enforceability of signatures and contracts relating to electronic transactions
and electronic signatures used in the formation of electronic contracts.
15 U.S.C. § 7001(a). Sections 103 (a) and (b) of the Act, however,
provide that the provisions of section 101 do not apply to contracts and
records governed by statutes and regulations regarding court documents and records; probate and domestic
law matters; state commercial law; consumer law covering utility services,
real property defaults and foreclosures, and insurance benefits; product
recall notices; and hazardous materials papers. Section 103 of the Act
also requires the Secretary of Commerce, through the Assistant Secretary
for Communications and Information, to review the operation of these exceptions
to evaluate whether they continue to be necessary for consumer protection,
and to make recommendations to Congress based on this evaluation. 15 U.S.C.
§ 7003(c)(1). NTIA published nine separate notices requesting comments from interested
parties for purposes of this evaluation.
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