Author
Electronic Signatures in Law (Tottel, 2nd edition, 2007) 652pp
For a brief discussion of the different forms that an electronic signature can take, please see further below, together with some cases from across the world. You are welcome to download the preface and list of contents. You will find more detail about the different forms of electronic signature here
The second edition aims to provide a practical yet comprehensive guide to understanding electronic signatures. It begins with an overview of the concept and history of signatures, and offers an in-depth analysis of: what constitutes an electronic signature, what forms electronic signatures can take, how new legislation affects the reliability of a particular type of electronic signature and issues relating to evidence, formation of contract and negligence.
The text covers 98 jurisdictions including case law from Argentina, Australia, Brazil, Canada, China, Colombia, Czech Republic, Denmark, Dominican Republic, England & Wales, Estonia, Finland, France, Germany, Greece, Hungary, Israel, Italy, Lithuania, Netherlands, Papua New Guinea, Poland, Portugal, Singapore, South Africa, Spain, Switzerland and the United States of America.
Contents
1 The signature
2 The form of a signature
3 International initiatives
4 European Union Directive on electronic signatures
5 Canada, by Anila Srivastava, Valerie C. Mann and Thomas S. Woods
6 England & Wales, Northern Ireland and Scotland
7 Germany, by Dr Martin Eßer
8 United States of America, by Thomas M. Dunlap
9 International comparisons
10 The form of an electronic signature
11 Parties and the risks
12 Contractual liability
13 Non contractual disclaimers and negligence
14 Evidence
15 Digital signatures
16 Data protection
Appendix 1 International Statutes
Appendix 2 UK Orders
Appendix 3 Standards
Appendix 4 Correspondents
Appendix 5 Resources
You may download a scanned copy of chapter 16 of the first edition
Reviews
Debbie Stringer, Senior Lecturer in Law, Open University reviewed this edition in Communications Law , Volume 13, number 1, 2008, 25 – 26, and commented that:
‘As the internet does not recognize international boundaries, this book covers almost every jurisdiction which has a law on electronic signatures …… The author has attempted to take a comparative approach to the law, though the book has a strong international flavour its primary objective is a consideration of the law in England and Wales. It is this element that makes the book stand out as, as the author rightly points out a failure of electronic signatures between jurisdictions may lead to unnecessary costs in the event of a dispute. Reference to this book will mean you avoid such a costly, as well as embarrassing, pitfall.
Do not however feel that this book is not for you if you are a high street practitioner. You would be wrong. Electronic signatures have crept into every aspect of our daily lives and as such this book is relevant and pertinent in all areas of practice. The structure of the book is helpful as it clearly delineates between national and international law, making it invaluable as a referencing tool whether advising a family client or international corporations who have come to rely heavily on technology in communicating, negotiating and contracting across international borders.’
Benjamin Wright has added his comments about the second edition of the book to his web site
Ian Grigg of Financial Cryptography has also reviewed the text, and it is avalable on his web site
Further reviews by Phillip Taylor MBE Barrister-at-Law, Abbey & Richmond Chambers and Mark O’Connor, Partner & Location Head, Technology, Media and Commercial, DLA Piper UK LLP here
Eduardo Ustaran of Field Fisher Waterhouse, reviewed the first (2003) edition of this book in Computers & Law Volume14 Issue 6 February/March 2004 10 – 11. Below are some of the comments he made:
‘From a legal perspective, one of the most engaging chapters of the whole book is chapter 8, which addresses the evidence issues to electronic signatures. Whilst the admissibility of electronic signatures in evidence was confirmed by the Electronic Communications Act 2000, the statutory shift in the burden of proof is a crucial aspect of the book – as brilliantly highlighted by Stephen’s analysis of the Jitsuin, an eight century Japanese system of authentication.’
…. ‘In fact, one of the most impressive things about the book is the comparative analysis between different jurisdictions. You may not become an expert in Argentinean e-commerce law by buying this book, but you may be able to impress a client by confirming that a digital signature is valid in Argentina provided that a digital certificate has been issued by a licensed certification authority.’
‘In summary, Electronic Signatures in Law is superbly researched, clearly written and incredibly useful. Let me put it this way, if you have a question concerning electronic signatures, the chances are that you will find the answer in this book.’
Niels J Bjergstrom reviewed the first (2003) edition of this book in Information Security Bulletin Volume 9 Issue 3 April 2004, 119 – 120. Below are some of the comments he made:
‘Electronic Signatures in Law by barrister Stephen Mason is perhaps not the most typical victim of an ISB review. However, it was written by one of the few people I know, who is a legal practitioner and has a really good grasp of technology as well. This is one of the factors making it worth while taking a closer look.
Another factor making this an interesting piece of literature for an infosec pro needing legal knowledge is that, whereas the book is written in precise legal terminology and the issues subjected to precise judicial analysis and presentation, it is also written so that somebody without a legal degree can understand it – and believe me, that is no mean feat. When you read law books you could be excused if you come to think that the legal profession depends on obfuscation for their livelihood. Not Stephen Mason, though. His line of thought is clear and penetrating, and he includes enough background information of the type he would not need to include if only writing for the legal profession, to make his work accessible to lay folks.
This is an extremely well researched and highly relevant tome containing many observations and ideas which can be used to further the industry as well as the legal debate if applied and implemented.’
