UETA, e-sign, e-filing, and Local Governments November 20, 2014

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Dominic Poole
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1 UETA, e-sign, e-filing, and Local Governments November 20, 2014 Peter S. Vogel, Adjunct Copyright, Peter S. Vogel,

So when a contract is made by telegraph, which must be in writing by the statute of frauds, if the parties authorize their agents either in writing or by parol, to make a proposition on one side and

4 So when a contract is made by telegraph, which must be in writing by the statute of frauds, if the parties authorize their agents either in writing or by parol, to make a proposition on one side and the other party accepts it through the telegraph, that constitutes a contract in writing under the statute of frauds; because each party authorizes his agents, the company or the company's operator, to write for him; and it makes no difference whether that operator writes the offer or the acceptance in the presence of his principal and by his express direction, with a steel pen an inch long attached to an ordinary penholder, or whether his pen be a copper wire a thousand miles long.

authorizes his agents, the company or the company's operator, to write for him; and it makes no difference whether that operator writes the offer or the acceptance in the

8 Federal e-sign Act (2000) S Electronic Signatures in Global and National Commerce Act Effective October 2000 Permits the use of digital signature for authentication of transactions Empowers the use of online contracting and provision of notices

Effective October 2000 Permits the use of digital signature

9 Texas UETA SB 393 -Uniform Electronic Transactions Act Effective January 1, 2002 Applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.

10 Chapter 332 Texas Business & Commerce Code

22 TexasOnline

27 DIR UETA Guidelines

29 Entrust.com

41 Verisign

45 1996

46 ABA 1996

47 Digital signature verification The Figure below describes the process of digital signature creation. To sign a document or any other item of information, the signer first delimits precisely the borders of what is to be signed. The delimited information to be signed is termed the message in these Guidelines. Then a hash function in the signer s software computes a hash result unique (for all practical purposes) to the message. The signer s software then transforms the hash result into a digital signature using the signer s private key. The resulting digital signature is thus unique to both the message and the private key used to create it. Message Message Hash Function Hash Result Signing Function Digital Signature To Verifier Only Private Key Holder Can Sign Private Key create.vsd

48 Verification of a digital signature Verification of a digital signature, as illustrated in below, is accomplished by computing a new hash result of the original message by means of the same hash function used to create the digital signature. Then, using the public key and the new hash result, the verifier checks: (1) whether the digital signature was created using the corresponding private key; and (2) whether the newly computed hash result matches the original hash result which was transformed into the digital signature during the signing process. The verification software will confirm the digital signature as verified if: (1) the signer s private key was used to digitally sign the message, which is known to be the case if the signer s public key was used to verify the signature because the signer's public key will verify only a digital signature created with the signer's private key; and (2) the message was unaltered, which is known to be the case if the hash result computed by the verifier is identical to the hash result extracted From Signer Message Hash Function Hash Result Digital Signature Verify Function Valid Y/N? sigver.vsd Anyone Can Verify Public Key

76 Judicial Committee on Information Technology (JCIT)

97 Buckholts, Texas Buckholts, Texas

100 Dallas County Clerk John Warren Paperless Court Electronic Filing -- e-filing November 20, 2014

101 UETA, e-sign, e-filing, and Local Governments November 20, 2014 Peter S. Vogel, Adjunct Copyright, Peter S. Vogel,

Moving Towards an Electronic Real Estate Transaction

Moving Towards an Electronic Real Estate Transaction The Electronic Signature Legal Overview (U.S.) August 2010 1 Introduction Every real estate transaction involves the parties to the transaction putting