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Abstract

In this new world of electronic communications and digital information technology, e-commerce is not only forcing companies to redefine the means of conducting their business, but it is also changing the basic legal infrastructure. There is currently an enormous amount of activity underway by the states to clarify the law regarding the conduct of e-commerce transactions. Though the various state legislative initiatives, including the Uniform Electronic Transactions Act, show an agreement among the states to develop a legal infrastructure that will support the use of security procedures with the public policy goal of further facilitating the growth and development of e-commerce, there is little agreement among the states on how to attain such a goal. Unlike the current state electronic signature legislation, the E-Sign Act provides three key components, uniformity, flexibility, and predictability, and will prove to be the means to successfully facilitate the growth and development of e-commerce.

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