H.R. 1320 provides that state governments are free to enact electronic commerce laws consistent with its terms, and those states that adopt the UETA proposal are considered to have met the criterion.
The purposes of HR 1320 are:
- To permit and encourage the continued expansion of electronic commerce through the operation of free market forces rather than proscriptive governmental mandates and regulations
- To promote public confidence in the validity, integrity, and reliability of electronic commerce and online government under Federal law
- To facilitate and promote electronic commerce by clarifying the legal status of electronic records and electronic signatures in the context of writing and signing requirements imposed by law
- To facilitate the ability of private parties engaged in interstate transactions to agree among themselves on the terms and conditions on which they use and accept electronic signatures and electronic records
- To promote the development of a consistent national legal infrastructure necessary to support of electronic commerce at the Federal and state levels within existing areas of jurisdiction.
The bill consists of four key components:
- Proof of an electronic signature shall be determined by intent, content, and surrounding circumstances.
- Evidence of an agreement, record, or signature may not be excluded merely because it is in electronic form.
- A freedom-of-contract provision, allowing parties to agree to whatever terms they wish; variations of provisions of the law may be made through agreement.
- The federal rule will not preempt state law that covers electronic agreements. In other words, if a state should adopt the UETA, that measure would govern.
Some of the other Federal legislation that''s either already enacted or still in the works include:
Government Paperwork Elimination Act; 1998 Senate Bill 2107
Internal Revenue Restructuring and Reform Bill; 1997 House Bill 2676
The Millennium Commerce Act (1999 Senate Bill 761)
Health Care Personal Information Nondisclosure Act of 1999 or Health Care PIN Act(1999 Senate Bill 578)
Electronic Securities Transaction Act (1999 Senate Bill 921)
Digital Signature Act of 1999 (1999 House Bill 1572)
Internet Growth and Development Act of 1999 (1999 House Bill 1685)
Electronic Signatures in Global and National Commerce Act (1999 House Bill 1714)
The Patients'' Bill of Rights Act (1999 Senate Bill 326)
The Patients'' Bill of Rights Act (1999 Senate Bill 300)
The Medical Information Privacy and Security Act (1999 Senate Bill 573)
The Medical Information Privacy and Security Act (1999 House Bill 1057)
Security and Freedom through Encryption (SAFE) Act (1999 House Bill 850)
Patient Protection Act of 1999 (1999 House Bill 448)
Paperwork Elimination Act of 1999 (1999 House Bill 439) (Talent)
Digital Signature and Electronic Authentication Law (SEAL) of 1998; 1997 Senate Bill1594
Computer Security Enhancement Act of 1997; 1997 House Bill 1903
Electronic Financial Services Efficiency Act of 1997; 1997 House Bill 2937
Electronic Commerce Enhancement Act; 1997 House Bill 2991
The (Digital) Writing Is On The Wall
At the Chicago law firm of
McBride, Baker & Coles, the Information Technology and Electronic Commerce (ITEC) Law Department hosts a Web-based listing of state, federal, and international legislative activities in digital signature law.
