THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT

President Clinton today will sign S. 761, the "Electronic Signatures in Global
and National Commerce Act." After the signing the bill in the traditional
manner, the President will make brief public remarks and demonstrate the kind
of new electronic signature technology that Americans will be able to use to
sign legally binding contracts on-line. The Act will:

Eliminate legal barriers to using electronic technology to form and sign
contracts, collect and store documents, and send and receive notices
and disclosures;
Require that consumers affirmatively consent to doing business on-line
and benefit on-line from consumer protections equivalent to those in the
paper world; and
Ensure that government agencies have authority to enforce the laws,
protect the public interest, and carry out their missions in the electronic
world.

ELIMINATING LEGAL BARRIERS TO ELECTRONIC
COMMERCE

Today, companies may be deterred from doing business on-line because of
uncertainty about whether their on-line contracts will be legally enforceable.
Laws on the books sometimes require that contracts documents be written on
paper and signed with pen-and-ink signatures. Too often, firms have to
memorialize their transactions on paper and send hard copies back and forth
for signature, slowing down the pace of business. But the new law will
overcome these barriers by:

Preempting Paper Requirements: The Act provides that no contract,
signature, or record shall be denied legal effect solely because it is in
electronic form.
Establishing Technology Neutrality: The Act precludes, in most
cases, requirements that one type of technology be used instead of
another.
Ensuring Accuracy of Electronic Records: The Act provides that
most electronic contracts and records are only legally enforceable if they
are in a form that is capable of being retained and accurately reproduced
for later reference by relevant parties.

PROVIDING CONSUMER CHOICE AND EQUIVALENT
CONSUMER PROTECTION

If we are to achieve the full potential of electronic commerce, American
consumers need to have confidence that they have the same protections on-line
that they have in the paper world.

Preserves Consumer Protections: The Act makes clear it does not
effect existing requirements, other than those requiring paper. Thus,
existing consumer protection laws, including those establishing the
content and timing of notices and disclosures and prohibiting fraud and
deception, will continue to apply.
Requires Consumer Choice: The Act makes clear that it does not
require any consumer or other person to agree to use or accept
electronic records, signatures, or contracts.
Protects Consumers from Confusion or Deception: The Act requires
that consumers affirmatively consent to use of electronic notices,
records, and contracts. Prior to consenting, the consumers must be given
notice of their rights and the firm must verify that the consumer will be
able to access electronically the information they will be provided. Too
many Americans have received emails with attachments that cannot be
opened. This provision will protect consumers from predators who might
confuse or coerce them into agreeing to receive electronic notices they
have no capacity to access or retain.

PROTECTING TAXPAYERS AND ENFORCING THE LAWS

Today, government requirements mandate that companies sometimes keep or
generate voluminous paper records, documenting their transactions. Record
retention requirements serve an important public purpose - allowing agencies to
monitor for program compliance, protect taxpayers from waste, fraud, and
abuse, and enforce the law. In many cases, these same goals can be met using
digital technologies through:

Electronic Record Retention: The Act requires that agencies allow
most records to be retained electronically, but government may establish
appropriate performance standards for the accuracy, integrity, and
accessibility of records retained electronically, to ensure that compliance
with laws can be determined, taxpayers can be protected, and agency
mission can be accomplished.
Electronic Filing: The Act also allows government to establish
standards and formats for government filings.

THE BENEFITS OF E-COMMERCE FOR AMERICAN
BUSINESS, AMERICAN CONSUMERS, AND THE AMERICAN
ECONOMY

Our Nation has benefited dramatically from the onset of the digital age.

The Commerce Department reports that information technology
industries (IT) have contributed 30 percent of U.S. economic growth
since 1995.
Economists have consistently found that IT accounts for half or more of
the recent acceleration in U.S. productivity growth: from 1.4 percent per
year from 1973 through 1995 to 2.8 percent per year since 1995.
IT accounts for two thirds of the growth in overall business investment in
recent years.
The potential benefits of the IT revolution reach beyond the IT industry
itself to improve the productivity of all segments of our economy.

But still there are barriers - especially legal uncertainty - to the use of
technology for business-to-business and business-to-consumer commerce. This
legislation will help us to achieve the full benefits of electronic commerce.

Companies will be able to contract online to buy and sell products worth
millions of dollars.
Businesses will able to collect and store transaction records that once
filled up vast warehouses on servers the size of a laptop.
Consumers will have the option of buying insurance, getting a mortgage,
or opening a brokerage account on-line, without waiting days for the
paperwork to be mailed back and forth.