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Statutes, Policy, and Guidelines

eSignatures policy
procedural directive
Records Management Guidance for Agencies Implementing Electronic Signature Technologies
Computer Security Act of 1987
Federal Information Security Management Act of 2002 "FISMA", 44 U.S.C. ยง 3541
OMB Circular No. A-130 (Revised) re Management of Federal Information Resources
NIST 800-25: Federal Agency Use of Public Key Technology for Digital Signatures and Authentication
Treasury Electronic Authentication Policy
Justice: Legal Considerations in Designing and Implementing Electronic Processes

Legal Context and Precedents

Rosenfeld v. Zerneck, New York State court decision on validity of email signature
more on Rosenfeld v. Zerneck

Prior Art in the Citizen-to-Government eSignature Arena

Australian Fisheries Management Authority e-Logbooks

The Australian Fisheries Management Authority e-Logbooks initiative was designed to use Public Key Infrastructure (PKI) for electronic signature and confidentiality. The Australian Fisheries Management Authority (AFMA) developed a certification program for vendors, and currently one vendor (catchlog.com) has been certified. With some prompting from Tom Kagehiro (for which I am grateful) I contacted Dieter Bohm of catchlog.com. Dieter confirmed that AFMA is no longer depending on PKI for eSignature. Dieter told me "that didn't work". He noted that in its present state of maturity, PKI tends to authenticate a computer (the computer on which the private key is stored) and not a person. Also, he confirmed that private key storage within the browser is problematic. He told me that the direction catchlog.com finds promising is fingerprint readers. His company has demonstrated the technology to Australia and New Zealand and the reception to the demo was encouraging. Catchlog.com implementation is still under development and my impression was that these agencies have not committed to fingerprint technology at this time.

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