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NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION (NTIA)

The National Telecommunications and Information Administration (NTIA) is the President's principal adviser on telecommunications and information policy issues, and in this role frequently works with other Executive Branch agencies to develop and present the Administration's position on these issues.

In addition to representing the Executive Branch in both domestic and international telecommunications and information policy activities, NTIA also manages the Federal use of spectrum; performs cutting-edge telecommunications research and engineering, including resolving technical telecommunications issues for the Federal government and private sector; and administers infrastructure and public telecommunications facilities grants.

A REVIEW OF THE EXCEPTIONS TO THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT

ELECTRONIC SIGNATURES:

A Review of the Exceptions to
the Electronic Signatures in
Global and National Commerce Act

June 2003

National Telecommunications and Information Administration

U.S. DEPARTMENT OF COMMERCE

1401 Constitution Avenue, N.W.
Washington, D.C. 20230
(202) 482-7002

www.ntia.doc.gov

ELECTRONIC SIGNATURES:
A Review of the Exceptions to the Electronic Signatures in Global and National Commerce Act

National Telecommunications and Information Administration
Nancy J. Victory
Assistant Secretary for Communications and Information

Kathy D. Smith, Chief Counsel
Milton Brown, Deputy Chief Counsel
Josephine Scarlett, Senior Attorney-Adviser
Jeffrey Joyner, Senior Attorney-Adviser
Stacy Cheney, Attorney-Adviser
Derrick Owens, Special Assistant
to the Associate Administrator
Office of Spectrum Management

Acknowledgments

We would like to acknowledge Teresa Goode, Josephine Johnson, Ranjit De Silva, Clyde Ensslin, Mary Smith, Denise Lenkiewicz and Charles Franz of NTIA, Dan Cohen and Peter Robbins of the Office of General Counsel, Sabrina Montes of the Economics and Statistics Administration, Eric F. Harbert, Karen Henein, Danielle Jafari, Kathleen Jarmiolowski, Laura Lee and Julie Parks, (NTIA Interns) for their contributions to this report.

TABLE OF CONTENTS

EXECUTIVE SUMMARY

A. BACKGROUND

B. THE IMPACT OF FEDERAL ELECTRONIC SIGNATURE LAW: A VIEW OF STATE AND INDUSTRY PRACTICES

1. Overview of Computer and Internet Usage
2. The ESIGN Exceptions
3. State Electronic Transaction Laws

C. ANALYSIS - ARE THE EXCEPTIONS STILL NECESSARY TO PROTECT CONSUMERS

1. Wills, Codicils, and Testamentary Trusts
2. Domestic and Family Law Exception
3. Uniform Commercial Code
4. Court Documents
5. Utility Cancellation Notices
6. Housing Default and Foreclosure Notices (My Article)
7. Health and Life Insurance Cancellation Notices
8. Product Recall Notices
9. Hazardous Materials

D. CONCLUSION AND RECOMMENDATIONS

APPENDIX A [pdf format] - Electronic Signatures in Global and National Commerce Act (PrivaSign compliance to E-SIGN Act)

APPENDIX B - ESIGN Report Federal Register Notices

1. Court Documents

   • pdf html

2. Domestic and Family Law

   • pdf html

3. Hazardous and Dangerous Materials Papers

   • pdf html

4. Health and Life Insurance Cancellation

   • pdf html

5. Housing Default and Foreclosure

   • pdf html

6. Housing Default and Foreclosure Correction
   

   • pdf html

7. Product Recall

   • pdf html

8. State Uniform Commercial Code

   • pdf html

9. Utility Cancellations

   • pdf html

10. Wills, Codicils, and Testamentary Trusts

    • pdf html

APPENDIX C - List of Commenters

1. Court Documents

Administrative Office of the United States Courts (AOUS)
Consumer's Union (CU)
Consumer Federation of America (CFA)
National Consumer Law Center (NCLC)
United States Department of Justice
Executive Office for United States Attorneys (DOJ)
U.S. Public Interest Research Group (PIRG)

2. Domestic and Family Law

None

3. Hazardous and Dangerous Materials Papers

Air Transport Association (ATA)
California Department of Toxic Substances Control (CDTSC)
Dangerous Goods Advisory Council (DGAC)
Institute of Makers of Explosives (IME)
James T. O'Reilly, Professor, University of Cincinnati
United States Environmental Protection Agency (EPA)
Office of Prevention, Pesticides and Toxic Substances

4. Health and Life Insurance Cancellation

None

5. Housing Default and Foreclosure

American Land Title Association (ALTA)
Credit Union Affiliates of New Jersey (CUANJ)
Credit Union National Association (CUNA)
Electronic Financial Services Council (EFSC)
Mortgage Bankers Association of America (MBA)
National Consumer Law Center, Inc.
Navy Credit Union (Navy FCU)
Ohio Credit Union League (OCUL)

6. Product Recall

James T. O'Reilly, Professor, University of Cincinnati

7. State Uniform Commercial Code

American Business Association Business Law Section
Association of the Bar of the City of New York
Boeing Employee's Credit Union (BECU)
California Credit Union League
Credit Union National Association
Electronic Check Clearing House Organization
Electronic Financial Services Council
Federal Reserve Bank of Atlanta
Federal Reserve Bank of New York
Fry Brumfield, Patricia
Illinois Credit Union League
J.D. Edwards
National Association of Manufacturers
National Conference of Commissioners on Uniform State Laws
Ohio Credit Union System
University of Hawaii Federal Credit Union
U.S. Central Credit Union

8. Utility Cancellations

Iowa Utilities Board
National Consumer Law Center, Inc.

9. Wills, Codicils, and Testamentary Trusts

Dr. Lee A. Hollaar, Professor, University of Utah

APPENDIX D - List of Federal Agencies that Participated in Preparing the Report

Administrative Office of the United States Courts

Federal Communications Commission

United States Consumer Product Safety Commission

United States Department of Health and Human Services, Centers for Medicaid and Medicare Services

United States Department of Health and Human Services, Food and Drug Administration

United States Department of Housing and Urban Development

United States Department of Justice

United States Department of Transportation, National Highway Safety Administration

United States Environmental Protection Agency

APPENDIX E - State Electronic Transactions Laws (listing of State E-Sign laws available here)