Extract

64 Part II: Electronic signature legislation Also the Public Access to Court Electronic Records (PACER) is available, which allows online consultation of files.178 For consumer protection purposes, E-Sign prohibits certain notifications to be served using electronic means of communication.179 Finally, the use of electronic documents is also excluded for transport documents or handling instructions of toxic or dangerous products (Section 103(b)(3) E-Sign). The underlying idea in all exceptions is that the use of the electronic form might be premature and prejudicial. Therefore, the exceptions have a protective goal and when the exceptions no longer fulfill that goal they have no reason to be. That is why a review shall be conducted by the Secretary of Commerce to assess whether the exceptions are still required (Section 103(c) E-Sign). In the report “Electronic Signatures: A Review of the Exceptions to Electronic Signatures in Global and National Commerce Act”180 the U.S. Department of Commerce concludes that it is in the consumers’ best interest that the exceptions in E-Sign be retained.181 When balancing the elimination of the exception and the effect of such removal on consumers, consumers´ interests prevail. C. Conclusions In the United States of America, electronic signatures have been regulated both by state legislatures and the US Congress. Therefore, in order to avoid divergent legislation within the United States of America, UETA and E-Sign were adopted. 178 . 179 The notices excluded are: notices of cancellation or termination of utility services, notices related to the lease of a primary...