Chris wrote:
<Can you sign a legal document with an "X"? Yea, you can.>
This I know something about.  Signatures by "mark" (for example an "X")
were always witnessed and the witnesses signed with their names.  Often
a notary was used for this purpose. Both the witnesses and the notary
attested that the "mark" was made by the person who claimed to be the
person named in the document and under the "mark." In many cases the
name of the individual signing by "mark" was printed or typed under the
signature.  There are a number of counties in the southwest that have
mining claims and deeds signed in this manner.  Were they accurate or
possibly fraudulent signatures or attestments?  Possibly.  The point is
a specific name can be associated as owner or signer.

Ginny Jones
(Virginia A. Jones, CRM)
Records Manager
Information Technology Division
Newport News Dept. of Public Utilities
Newport News, VA
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-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Chris Flynn
Sent: Tuesday, February 15, 2005 1:33 PM
To: [log in to unmask]
Subject: Electronic Signatures

Keep in mind with all this, fraud is fraud. As we move to electronic,
and yes we are unfortunately still moving there (were that we were there
now), we have the opportunity to re-engenier someof our current
realities. Is a one digit pin legal? Yea, it probably is. Can you sign a
legal document with an "X"? Yea, you can. Should you do these thing? I
don't recommend it. Should we argue over it? Wait till Friday.

Should we define digital signature? Electronic signature? How a
signature should be associated with a record? Yea, we should. As a
profession, the one most concerned with records and record integrity, we
must define these things. We cannot allow any other body to do this. By
this I mean, IT does not determine any of these things, lawyers do not
define anything, business managers do not define these things. If we are
to be the professional body we claim to be, we have to stand up and
clearly and with a unified voice declare the reality. Short of that....


Chris Flynn

Sunny and 20 on the Palouse

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