Consumer protection is a political issue remarkable for a unified state considering adoption of ETA. To understand the problem, it is important to have some familiarity with the federal Electronic Signatures in Global and National Commerce Act (E-Sign), which generally became effective on October 1, 2000. 15 USC § § 7001 to 7031. E-Sign is unified like ETA, in many respects and has been adopted to resolve the inconsistency between the laws of the State and to ensure the enforceability of electronic signatures and contracts in trade, regardless of whether States adopt unified ETA. Seeking to preserve states rights, E-Sign includes complex and restrictive exemption to "preemption" provisions, which allow states to "opt-out" of a large part of the e-Sign. States may " opt-out 'by adopting the version of the UETA uniforms or other procedures and requirements, which are compatible with the E-Sign. 15 USC § 7002 (a). Oregon's status has been carefully crafted to fall into this exemption, in adopting the uniform of ETA and unified additional provisions compatible with E-Sign.
One of the important distinctions between E-Sign and ETA is that E-Sign includes detailed provisions of consumer protection is not in unified ETA. See 15 USC § 7001 (c). Because of the exemption from preemption mentioned above, a statement of the uniform adoption of the Unified ETA undoubtedly prevail E-Sign provisions of consumer protection. The Oregon Legislature made a policy decision to adopt the provisions of consumer protection E-Sign in Oregon law. Therefore, Oregon Laws 2001, Chapter 535, Section 24 contains the provisions of consumer protection can be found in E-Sign without substantive changes. These provisions contain a number of criteria which must be met before various statutory notice requirements can be satisfied by electronic means and exclude the use of electronic means for actions such as the cessation of the use of residential services or " expulsion.
It should be noted that ETA does contain more unified the general requirements for the submission of electronic documents. According to Article 8, if certain information is required by law to be provided, transmitted, or delivered in writing, an electronic record must be able to be retained by the consignee at the time of receipt to satisfy that right. Capable of holding includes the ability to print or store the electronic record. Any specific format or presentation of the requirements specified in a law must also be respected when the electronic record. If a sender inhibits the ability of a recipient of a store or print an electronic document, the case is not against the recipient.
In reviewing "electronic signatures", it should be noted the important distinction between this term and "digital signatures". As mentioned, all his electronics, symbol or process can be seen as an electronic signature, if the intention is to sign this. Digital signatures, however, are specific forms of technology of the electronic signature, which offer additional benefits such as authentication and encryption. Currently implemented with digital signatures offer a greater guarantee of the signer's identity and are more difficult to modify and build.
Prior to the adoption of the laws of 2001, Oregon, chapter 535, Oregon passed a law on electronic signatures, which slightly touched the enforceability of electronic and digital signatures and provides an infrastructure for business registration which issue digital signatures (Certification Authorities). Articles 31 to 36 of the Laws of 2001 in Oregon, Oregon Chapter 535 significantly change the law on electronic signature by renaming it the "Digital Signature Act" and to reconcile with UETA. The amendment limits of the Digital Signature Act at the request only digital signatures and referred to the appropriate ETA Unified newly enacted provisions governing the enforceability of electronic signatures.
One of the important distinctions between E-Sign and ETA is that E-Sign includes detailed provisions of consumer protection is not in unified ETA. See 15 USC § 7001 (c). Because of the exemption from preemption mentioned above, a statement of the uniform adoption of the Unified ETA undoubtedly prevail E-Sign provisions of consumer protection. The Oregon Legislature made a policy decision to adopt the provisions of consumer protection E-Sign in Oregon law. Therefore, Oregon Laws 2001, Chapter 535, Section 24 contains the provisions of consumer protection can be found in E-Sign without substantive changes. These provisions contain a number of criteria which must be met before various statutory notice requirements can be satisfied by electronic means and exclude the use of electronic means for actions such as the cessation of the use of residential services or " expulsion.
It should be noted that ETA does contain more unified the general requirements for the submission of electronic documents. According to Article 8, if certain information is required by law to be provided, transmitted, or delivered in writing, an electronic record must be able to be retained by the consignee at the time of receipt to satisfy that right. Capable of holding includes the ability to print or store the electronic record. Any specific format or presentation of the requirements specified in a law must also be respected when the electronic record. If a sender inhibits the ability of a recipient of a store or print an electronic document, the case is not against the recipient.
In reviewing "electronic signatures", it should be noted the important distinction between this term and "digital signatures". As mentioned, all his electronics, symbol or process can be seen as an electronic signature, if the intention is to sign this. Digital signatures, however, are specific forms of technology of the electronic signature, which offer additional benefits such as authentication and encryption. Currently implemented with digital signatures offer a greater guarantee of the signer's identity and are more difficult to modify and build.
Prior to the adoption of the laws of 2001, Oregon, chapter 535, Oregon passed a law on electronic signatures, which slightly touched the enforceability of electronic and digital signatures and provides an infrastructure for business registration which issue digital signatures (Certification Authorities). Articles 31 to 36 of the Laws of 2001 in Oregon, Oregon Chapter 535 significantly change the law on electronic signature by renaming it the "Digital Signature Act" and to reconcile with UETA. The amendment limits of the Digital Signature Act at the request only digital signatures and referred to the appropriate ETA Unified newly enacted provisions governing the enforceability of electronic signatures.
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