Fair Warning:Preemption and Navigating the Bermuda Triangle of E-Sign, UETA, and State Digital Signature Laws


Renard Francois


VOL. XIX • Winter 2001 • NO. 2 (table of contents)

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Problems with authenticity, integrity, and repudiation can create a barrier for both individuals and businesses using the Internet for transactions and negotiations. To help address these issues, the federal government enacted E-Sign. This statute protects consumers and ensures no signature will be denied legal effect. E-Sign is sometimes in conflict with state adopted statute, UETA. E-Sign has preemption provisions that are inconsistent with the goals of creating legal uniformity. This comment suggests amending E-Sign so that it is clear that any modification to UETA will cause the state’s version of UETA to be completely preempted.

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