(a) Promotion of electronic signatures
(1) Required actions
The Secretary of Commerce shall promote the acceptance and use,
on an international basis, of electronic signatures in accordance
with the principles specified in paragraph (2) and in a manner
consistent with section 7001 of this title. The Secretary of
Commerce shall take all actions necessary in a manner consistent
with such principles to eliminate or reduce, to the maximum
extent possible, the impediments to commerce in electronic
signatures, for the purpose of facilitating the development of
interstate and foreign commerce.
The principles specified in this paragraph are the following:
(A) Remove paper-based obstacles to electronic transactions
by adopting relevant principles from the Model Law on
Electronic Commerce adopted in 1996 by the United Nations
Commission on International Trade Law.
(B) Permit parties to a transaction to determine the
appropriate authentication technologies and implementation
models for their transactions, with assurance that those
technologies and implementation models will be recognized and
(C) Permit parties to a transaction to have the opportunity
to prove in court or other proceedings that their
authentication approaches and their transactions are valid.
(D) Take a nondiscriminatory approach to electronic
signatures and authentication methods from other jurisdictions.
In conducting the activities required by this section, the
Secretary shall consult with users and providers of electronic
signature products and services and other interested persons.
As used in this section, the terms "electronic record" and
"electronic signature" have the same meanings provided in section
7006 of this title.