Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-m6dg7 Total loading time: 0 Render date: 2024-11-14T19:17:25.773Z Has data issue: false hasContentIssue false
This chapter is part of a book that is no longer available to purchase from Cambridge Core

6 - The form of an electronic signature

Stephen Mason
Affiliation:
Chambers of Stephen Mason
Get access

Summary

While it is possible for an electronic signature to perform the same functions as a manuscript signature, the document to be signed does not exist as a physical object in the same way as the content of a document rendered onto a paper carrier. It is not necessarily intended that an electronic signature should be manifest in a physical form, which leads to the conclusion that the quality and extent of the evidence to provide intent becomes vitally important in the event it is disputed that an electronic signature was affixed to a document or communication.

Information relating to the carrier

When a manuscript signature is affixed to a physical carrier, two changes occur. First, the signature alters the carrier physically with the addition of a substance, such as ink, to the surface. Second, the signature increases the amount of information about the carrier, and thereby the document. An electronic signature, on the other hand, only tends to alter the information relating to the digital data. It does not necessarily alter the carrier in the same way as a manuscript signature, although an inline Pretty Good Privacy signature, for instance, is read with the message. The information associated with the carrier is termed the metadata. The metadata refers to the data about data. It is a digest of the structure and subject matter of a resource. For instance, the metadata in relation to a piece of paper may be:

  1. Explicit from perusing the paper itself, such as the title of the document, the date, who wrote it, who received it and where the document is located.

  2. Implicit, which includes such characteristics as the types of type used, such as bold, underline or italic; perhaps the document is located in a coloured file to denote a particular type of document; labels may also act as pointers to allow the person using the document to deal with it in a particular manner, such as a confidential file, for instance.

With digital documents, the implicit data needs to be made explicit if it is to be used to help interpret the purpose of the document. Such data can include, and be taken automatically from, the originating application software, or supplied by the person that originally created the record. As a result, a digital record will normally contain two main types of information, the content of the document and its internal structure, and the metadata, which describes the record and each of the constituent parts.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Mason, StephenElectronic EvidenceLondonLexisNexis Butterworths 2010Google Scholar
Campbell, Dennise-Commerce and the Law of Digital SignaturesNew YorkOceana Publications 2005Google Scholar
Srivastava, AashishBusinesses’ Perception of Electronic Signatures: An Australian StudyDigital Evidence and Electronic Signature Law Review 6 2009 45Google Scholar
Adams, CarlisleLloyd, SteveUnderstanding PKI Concepts, Standards, and Deployment ConsiderationsAddison-Wesley 2002Google Scholar
U.2001.1980/1HDigital Evidence and Electronic Signature Law Review 6 2009 232
Chasse, KenThe Admissibility of Electronic Business RecordsCanadian Journal of Law and Technology 18 2011Google Scholar
Esler, Brian W.Schwerha, Joseph J.Foundations of Digital EvidenceAmerican Bar Association 2008Google Scholar
Kasirer, NicholasFrom Written Record to Memory in the Law of WillsOttawa L. Rev 29 1997Google Scholar
Snail, SizweHall, NicholasElectronic Wills in South AfricaDigital Evidence and Electronic Signature Law Review 7 2010Google Scholar
Ross, Chad Michael v. : The Tennessee Court of Appeals Allows a Computer Generated Signature to Validate a Testamentary WillUniversity of Memphis Law Review 35 2005Google Scholar
Bing, JonDigital Evidence and Electronic Signature Law Review 5 2008
Erfurt, AGDigital Evidence and Electronic Signature Law Review 2 2005
Picot, HenrietteKast, MarleneDigital Evidence and Electronic Signature Law Review 5 2008
Trofimovs, SergejsDigital Evidence and Electronic Signature Law Review 5 2008
Trofimovs, SergejsDigital Evidence and Electronic Signature Law Review 6 2009
2009
Fylla, AnastasiaDigital Evidence and Electronic Signature Law Review 4 2007
2007
Rabel, E.The Statute of Frauds and Comparative Legal HistoryL.Q.Rev 63 1947Google Scholar
2008
Lord, Richard A.Williston on ContractsThompson West 1990Google Scholar
2009
Freedman, CliveHardy, Jake v. : A 21st Century Email Meets a 17th Century StatuteComputer Law and Security Report 21 2007Google Scholar
Lang, Ter KahHave You Signed Your Electronic Contract?Computer Law and Security Review 27 2011Google Scholar
Rachavelias, Michael G.Digital Evidence and Electronic Signature Law Review 3 2006
Skouma, GeorgiaDigital Evidence and Electronic Signature Law Review 1 2004
Coppola, Gian PaoloCase NoteDigital Evidence and Electronic Signature Law Review 4 2007Google Scholar
Leng, Ter KahConcluding Leases by E-mailComputer Law and Security Report 21 2005Google Scholar
Vandendriessche, JohanAn Overview of Some Recent Case Law in Belgium in Relation to Electronic SignatureDigital Evidence and Electronic Signature Law Review 7 2010Google Scholar
2007
2007
Anderson, Ross J.Security EngineeringWiley 2008Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×