What is the definition of an electronic signature according to the E Sign Act?



According to the ESIGN Act, an e-signature is defined as “an electronic sound, symbol, process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record and be legally bound.”


A digital signature is a type of electronic signature. From Wikipedia, "a digital signature is a mathematical scheme for demonstrating the authenticity of digital messages or documents. A valid digital signature gives a recipient reason to believe that the message was created by a known sender, that the sender cannot deny having sent the message, and that the message was not altered in transit". Digital signatures use public key cryptography to accomplish authentication and encryption.

Depending on the setup used to collect an electronic signature, RPM Telco's electronic signature would be classified as either an electronic signature or a secure electronic signature. RPM Telco does not use any public key cryptography and thereby should not be considered a digital signature.

Use of electronic signatures is increasing due to the efficiency provided by technology and can be considered legally binding when collected using a process such as the one described below.