Clerk session vote number: 133
Description: A bill to regulate interstate commerce by electronic means by permitting and encouraging the continued expansion of electronic commerce through the operation of free market forces, and for other purposes.
Bill summary: Electronic Signatures in Global and National Commerce Act -
Title I: Electronic Records and Signatures in Commerce
- Prohibits a rule of law from denying the legal effect of certain transactions in interstate or foreign commerce on the ground that: (1) the signature, contract, or record of such transaction is in electronic form; and (2) with respect to a contract, an electronic signature or electronic record was used in its formation. Defines "transaction" to mean the sale, lease, exchange,
licensing, or other disposition of personal or real property and services between two or more persons.
(Sec. 101) Provides that this Act shall not: (1) limit, alter, or affect the rights and obligations of persons under law other than a requirement that such contracts or other records be written, signed, or in nonelectronic form; or (2) require a person to agree to use or accept electronic records or signatures (other than a governmental agency with respect to a record other than a contract to which it is a party).
Cites circumstances in which an electronic record (or signature) satisfies any statute, regulation, or other rule of law mandating: (1) availability to a customer of information in writing; (2) retention of a contract or record; (3) that contract or record be in writing; and (4) that record or signature be notarized.
(Sec. 102) Cites circumstances in which a State statute or rule of law may alter or supercede the general rule of validity governing transactions in electronic commerce under this Act if it: (1) constitutes an enactment or adoption of the Uniform Electronic Transactions Act as approved by the National Conference of Commissioners on Uniform State Laws in 1999 (except that any exception to this Act by a State statute shall be preempted to the extent it is inconsistent with the provisions of this Act); or (2) specifies alternative procedures or requirements for the use or acceptance (or both) of electronic records or electronic signatures to establish the validity of contracts or records that are consistent with this Act.
(Sec. 103) Excludes from the purview of this Act certain: (1) testamentary instruments; (2) matters of family law; (3) instruments under the Uniform Commercial Code; (4) judicial documents; (5) credit-related proceedings; and (6) hazardous materials-related documents.
(Sec. 104) Declares that nothing in this Act shall limit or supercede any Federal or State regulatory agency requirement that records be filed with them in accordance with specified standards or formats.
(Sec. 105) Directs the Secretary of Commerce to conduct inquiries and report to Congress on: (1) the effectiveness of the delivery of electronic records to consumers using electronic mail as compared with delivery of written records via the United States Postal Service and private express mail services; and (2) the benefits and burdens with respect to consumer consent to the use of electronic records.
Title II: Transferable Records
- Sets forth certain requirements with respect to the control of electronic transferable records.
Title III: Promotion of International Electronic Commerce
- Requires the Secretary to promote the acceptance and use of electronic signatures in interstate and foreign commerce.
Title IV: Commission on Online Child Protection
- Amends the Child Online Protection Act to authorize the Commission on Online Child Protection to accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, to aid the work of the Commission.
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Bill titles: A bill to regulate interstate commerce by electronic means by permitting and encouraging the continued expansion of electronic commerce through the operation of free market forces, and for other purposes.
Links for more info on the vote: congress.gov