Re: Legal entities who sign

[lynn.wheeler@xxxxxxxxxxxxx]

there may be two separate issues. there is contract with human
demonstrating that they intended to sign what was signed. Some of this is
analogous to some of the click-thru stuff ... where it is demonstrated that
there is a high probability that a human actually had to look at the T&Cs
as part of doing the click (placing the click at the bottom of long page
where the person had to scroll down thru the page to get to the click
button).  legal signature can carry with it the concept that the person
read, understood, agrees, and intended to sign what was signed.

as referenced in the past .... there is a computerized process that
involves secure hash and asymmetric cryptography that has a label "digital
signature". At the basic level ... the use of the term "signature" in
"digital signature" and the term "signature" in "legal signature" .... may
only have purely superficial relationship to each other. it is possible to
have secure hash and asymmetric cryptography that meets all the technical
specifications of a digital signature and carries with it none of the
characteristics of a legal signature.

once parties have a binding contract ... the contract can specify all sorts
of processes that can be binding for the parties ... aka a particular
automated mechanism doing something that is deemed acceptable by both
parties. the signing of something by an automated agent can be accepted on
good faith if the contract stipulates that it is to be accepted (i.e. say
in the case of a PO).



jimit@xxxxxxx net at 11/2/2002 1:44 am wrote:


In order to establish non-repudiation, I would say that you probably need
to have the CEO sign the authorized agents signature agreeing that they are
authorized under the parameters issued.  This should satisfy the
"non-repudiation" needs and still provide for statement about delegation of
authority.  I think that this solves your problem, as the only time a CEO's
key is needed would be to authorize a new agent.  The other, more
accessible people, would be available to handle day to day business.