The Electronic Signatures in Global and National
Commerce Act, signed by President Clinton on June 30, 2000, will
likely have far-reaching effects in our industry. In essence, this
act gives electronic signatures the same legal status as those written
on paper in ink.
Although e-signatures are already legal in most states, differences
in what constitutes a legal e-signature in each state have kept
industries from supporting them. Now, that all may have changed.
What Constitutes an E-signature?
In reality you have probably already used an e-signature of some
sort. An e-signature is whatever two entities agree it is. The act
states: "The signature may be an electronic sound, symbol,
or 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."
Since you log onto your e-mail account with a password known only
by you, your signature at the end of the e-mail is legally one type
of e-signature. Another example would be a PIN number that you are
asked to provide after placing an order or when using an automatic
teller machine. By the fact that you inserted your card, which has
your identity embedded, and entered your PIN, the bank can be confident
that you are who you say you are. A third example is a digitized
image of your actual handwritten signature that is somehow embedded
into the electronic document.
The above three examples are the simplest forms of e-signatures
in use today. When it comes to affixing your e-signature to an engineering
drawing, whereby you are held liable for the engineering contained
on that document, a much more sophisticated means is required, especially
since any number of people may have access to a CADD drawing that
could be altered and reprinted after you have approved it. More
on this later.
E-Commerce has Increased the Need for E-security
The explosion of the Internet and the ability to purchase goods
and services online (i.e., e-commerce) have been the two major changes
that have led to the need to ensure a customer's identity. In turn,
customers wants to be certain that no one else can use their credit
cards or other personal or confidential information.
In person-to-person transactions, security is based on physical
cues. Consumers have come to accept the risks of using credit cards
in places like department stores because they can see and touch
the merchandise and make judgments about the store. On the Internet,
without those physical cues it is much more difficult to assess
the safety of a business. Also, serious security threats have emerged
that have led to electronic security measures, including digital
certificates, encryption and smart cards.
Digital Certificates. In today's business world, many transactions
are made via the Web and the concept of digital certificates has
become an integral part of most security policies. Digital certificates
are electronic credentials that identify parties over the Internet
and enable certifiable digital signatures for online transactions
and communications.
Recently the Commonwealth of Pennsylvania selected VeriSign to provide
managed digital certificate services to enhance the security of
its online Justice Network (JNET) criminal records application.
Leveraging VeriSign's services, the Commonwealth will issue digital
certificates to authenticate authorized state, county and local
government officials who access offender records and other criminal
justice information over the Internet. This move enables participating
agencies to access electronic information securely, thereby reducing
errors in data keeping and decreasing the costs of managing criminal
records. I present this example because soon our clients may be
accessing our engineering documents via the Internet!
Encryption. Online banking is an industry that has become
very popular and, because it involves people's bank accounts, the
need for a higher level of security is required. The software, such
as MS Money or Quicken, uses encryption technology not only to identify
you, but also to ensure that someone else doesn't intercept your
transmission and steal your vital information.
Smart Cards. Recently, Steve Ballmer, Microsoft's CEO, predicted
that in 18 months all new PCs would contain a slot whereby you would
insert your personal smart card to identify who you are. A smart
card is the size of a credit card, only slightly thicker. They are
read/write cards that contain all your vital information. When you
sit down at a PC you would insert the card, be prompted for a PIN
or some other form of identification, and that identification would
be used for all transactions from that PC until you removed your
card.
Engineering Drawings and E-Signatures
State boards that oversee the issuance of professional engineering
licenses are struggling with the issue of electronic signatures
on engineering drawings. Some plan sets contain hundreds of drawings.
By law, each must be plotted on mylar or some other reproducible
material and signed and sealed by the licensed professional engineer
responsible for each. Because most engineering drawings are now
produced using CADD, some engineers would like to be able to sign
the drawings electronically after they have reviewed and approved
them.
However, if the electronic file is turned over to the client, how
is the professional engineer assured that no one alters the drawing
after it leaves his or her office? Of course the same could have
been said years ago for ink on mylar drawings-what was to prevent
someone from making changes to the mylar? The problem exists in
both cases, but CADD makes it a little easier to make such changes
and harder to trace them.
To protect the engineer, in the future we will see digitized signatures
that are linked to mathematical algorithms that verify the authenticity
of a drawing. If someone were to change the drawing after "e-signing,"
the signature would be broken and rendered invalid.
Conclusion
In summary, there are many different types of electronic security
methods either already in place or evolving. In the future, expect
to be using them daily, both at work and at home. They will go a
long way in saving you time and preventing inconvenience. More importantly,
do your best to understand the basics of the technology to put your
mind at ease that your vital information is secure. |