The Digital Signatures in Global and National Commerce Act, enacted  in 2000, authorizes electronic records for virtually all purposes, including all standard business purposes, without limitation with respect to format. Further, it prohibits  both state and federal agencies from requiring maintenance of paper records  for purposes of regulatory compliance. And, it explicitly preempts any state legislation contrary. Thus, for all practical purposes, there are no restrictions in US law at this time on the maintenance of records in electronic format. The exceptions in the E–sign act have to do with some very specific situations such as for example wills and trusts, and notifications having to do with mortgage foreclosure; and the list is quite small–there are only 7 or 8 items on it. So if you're contemplating the imaging of electronic records, it's highly unlikely that there will be any restriction on so doing. Obviously, you wouldn't want to image certain kinds of things and destroy the originals–for example, negotiable instruments and things of that sort. But, for most records there shouldn't be a problem.

 here's a link to the text of the act:

http://thomas.loc.gov/cgi-bin/query/z?c106:s.761.enr:
 
Read in particular section 101  (d) and section 104. I think that these 2 provisions are dispositive of this question.


best regards,
John
John Montaña 
Montaña & Associates
29 Parsons Road
Landenberg Pennsylvania 19350
610-255-1588
484-653-8422 mobile
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www.montana-associates.com
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