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As businesses continue to replace paper documents, contracts, and forms with more efficient and cost-effective electronic substitutes, electronic signature technology becomes an increasingly important investment. The cost and time savings of doing business electronically are evident across many sectors and industries, yet many companies are still choosing which technology or method is best suited to their needs. Creating, signing, transmitting, and storing any and all documents electronically and in such a way as to be legally-binding can seem like a daunting task. What is an electronic signature? "Electronic Signature" means data in electronic form whichare attached to or logically associated with other electronic data and which serve as a method of authentication. That means an electronic signature which meets the following requirements:
Several different methods and technologies exist for attaching "electronic signatures" to documents according to these stipulations. Two common types of signature technology that are widely available yet differ greatly in substance are PIN/Password signature stamps, PK) and digitized handwritten signatures. Why to avoid PIN/Password and PKI Signatures While companies that provide PIN signature stamps may claim that their technology is legally-compliant because it qualifi es as an "electronic sound,symbol, or process," it falls far short of the holistic requirements enumerated above. As a practical point, each and every one of these "signatures" is identical in form and composition, as if they were made with a single rubber stamp. The appearance of the signature on a document is not a record of a person's signature, but rather a result of a particular password being typed. A forensic examiner that views the signature image cannot determine its point of origin since any person could have typed the PIN or password. As such, PIN signature stamps fall short of the authentication requirements of criterion (4) listed above. Should a password become compromised, each and every document a person had ever signed with the PIN method would be questionable, since each signature appears identical and it cannot be proven which are authentic and which are fraudulent. For these reasons, businesses are advised to invest in an electronic signature technology that creates a unique electronic record for each signing instance, and not to rely on a "rubber stamp" technology. PKI digital signatures and certificates are simply a more complex version of "rubber stamp" technology, except that a larger (often 128-bit) encryption number is used, meaning it is too large to be remembered and typed. Portability is also limited because the key is permanently linked to a host computer, or a "secure" smart card which can be lost, stolen, or hacked. Using Handwritten Electronic Signatures A better choice for electronic commerce, especially with interactions involving the general public, are handwritten signature devices and software. While the use of any pen-and-tablet signature technology may seem to be the logical replacement for traditional "wet" ink-on-paper signatures, there are several issues to consider when choosing a system for your business. Signature capture hardware manufacturers have their own specifi cations, data formats, and software methodologies that affect security, authentication, and legality. Signature Security For the sake of privacy and legal enforceability, an electronic signature must remain under the "sole control of the signer" to be valid under the national ESIGN electronic commerce law. To satisfy this requirement, a signature must be placed or linked into the relevant document directly, with no interlopers or copies, and then bound to the document in such a way as to render document tampering detectable. Without these critical features, it would not be possible to prove that a signatory did indeed assent to the terms of the written agreement, or that the language in the document was dentical in form to the state in which it was initially signed. There is no substitute for an effective security policy which prevents viruses, worms and data sniffers from residing on a client or server computer. Encryption gimmicks in a signature pad connected to a PC provide a false sense of security if a rogue program or keyboard, printer, screen, memory, or usb data sniffer is also on the PC. Matters can be made worse if overly powerful and un-necessary processors and operating systems are employed in electronic signature devices, due to latent bugs and viruses or internal data storage and encryption; as these techniques further jeopardize and remove security monitoring and update capability from the hands of IT personnel. Signature Authentication An important characteristic of ink-on-paper signatures is that they can be individually studied and analyzed by forensic handwriting experts, then compared to other existing samples for authentication. Perhaps the most significant challenge to the validity of an electronic signature is the issue of authentication, since few technology providers support their technology with verifi cation tools. If a signature cannot be attributed to the purported signatory, it is worthless. Electronic signatures are no exception to this, and must be capable of authentication to be valid and binding. Insist that a technology provider have authentication tools and training in-place before selecting theirsolution. Understanding Biometrics and Authentication Another issue to consider with handwritten digitized signatures is the type of biometric data, if any, which is captured and stored in the signature file. Beware of pen pressure measurement. Pressure is an unreliable biometric measurement because of the high degree of uncertainty inherent from one signing instance to another. The level of pressure a signature pad senses for a single person will vary widely based on height and orientation of the signatory to the sensor, the person's mood, time of day, angle of the pad, size of the pen or stylus, calibration of the software, sensor age and wear, etc. As a result, a pressure-oriented primary biometric is susceptible to unnaturally high false-negative responses when automated or independent validation is attempted. In other words, when pressure is used to determine the validity of one or more signatures, it is far more likely to be a cause for rejection than for authentication, even if the signatures were created by the same user. Drastic variance makes signatures difficult to authenticate, even if they are valid. Conclusions In general, when deciding which electronic signature system best suits the needs of your business, use traditional paper-based practices as a gold standard. If a specifi c technology mimics or matches these practices closely, it is probably a safe and reliable choice. The more technical shortcuts a system employs, such as creating multiple signatures with one stroke of a pen or keypad, or saving fl at images in place of real, forensic-quality signatures, the more likely the system is to encounter diffi culties and fraud in practice. With old ink-on-paper characteristics as your guide, your electronic document solution should be a signature success. |
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Electronic signature capture is a technology for signing electronic document files with a handwritten signature. The use of this technology allows for the complete elimination of the mailing, storage, filing, copying, and retrieval of paper documents. This will save your business time and money.