GOVERNMENT TECHNOLOGY/Federal law allows electronic signatures
As recently as three years ago, local government Web sites were as rare as rain in the desert. But residents demanded to be served electronically – at the time and place of their choosing. They insisted on access to information and services online, not in line. They wanted the improved speed and availability that only the Internet could supply.
Local governments responded. The first Web sites served as repositories of information – everything from how to contact local administrators to council meeting minutes. Then, sites became interactive, providing 24-hour access so residents could check the status of business license applications and building permits from the comfort of their own homes.
In short, the Web became an essential channel for government agencies to distribute information and services to residents. Residents could receive digital documents online, but they had to submit the completed applications and permits back to government agencies in paper form.
The federal Electronic Signature in Global and National Commerce Act, or E-Sign Act, which went into effect Oct. 1, changes that practice. Residents who are early adopters of new technology will demand the convenience of electronic signatures. And, just as governments provided Web sites, so, too, will they have to offer electronic signatures.
What is an electronic signature? According to the E-Sign Act, it is “an electronic sound, symbol, or process” that is “logically associated with a contract or other record.” Agencies can offer various e-signature options, including personal identification numbers and smart cards. Or, they can use electronic signatures as part of a Public Key Infrastructure (PKI) – technology that confirms the identity of Internet users.
PKI technology uses cryptography to literally transform electronic messages. Residents who want to take advantage of PKI technology use special software, or private keys, to create unintelligible forms of their documents, which they send over the Internet. The encrypted documents are the users’ electronic signatures of the document. The receivers of the encrypted documents use special software, or public keys, to decode the documents.
Electronic signatures ensure that the original content of the document that travels through the Internet is unchanged. Additional benefits are that electronic signatures travel easily through the Internet, are easily verified, are difficult to duplicate, and can be automatically time-stamped.
The bottom line is that local governments now are required by law to accept documents in either paper or digital form. The E-Sign Act states that, if a government agency requires residents to submit a document, the agency must have the capability to accept that document in digital form along with the electronic signature of the person or entity submitting the document.
There are exemptions, however. The act specifically exempts wills, and adoption and divorce records. Other documents that must still be delivered on paper include official court documents, health or safety recalls, warnings of repossessions or foreclosures, lapses in health insurance or life insurance, electricity cutoffs and evictions.
The level of security required for agencies’ electronic documents should correspond to the significance of the documents. For example, electronic signatures could be used for online voting and other documents that require the strongest authentication.
The United States is a digital society, and e-government is becoming a critical component of that society. The E-Sign Act will take local governments beyond the era of merely providing an electronic means for constituent contact. It will move them more closely into an era of e-governing.
