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Re: Legality of faxed signatures.

daemon@ATHENA.MIT.EDU (Steve Bellovin)
Fri Jan 16 14:44:44 1998

To: "James A. Donald" <jamesd@echeque.com>
cc: cryptography@c2.net
Date: Fri, 16 Jan 1998 14:19:01 -0500
From: Steve Bellovin <smb@research.att.com>

	     --
	 I believe that there is case law or legislation that a faxed
	 signature is worthless if it is bit for bit identical with
	 another signature, which of course it usually is these days.
	 
	 Can anyone with a spot of legal knowledge give me something
	 impressive sounding to scare people who rely on those
	 signatures.
	 
I've never heard of this theory.  And there's a lot of case law that
would suggest that you're wrong.  For a good example, have a look
at opinion B-238449 from the Comptroller General, 19 June 1991 -- they
cite all sorts of precedents for why digital signatures are legal.
What matters is the *intent* behind the signature.

If folks are interested, I'll post the opinion.  (I'm going to regret
saying that, I suspect; these days, mailing lists are large enough
that enough folks are interested in *anything*...)

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