Thus, although digital signatures ensure the security of electronic messages, the uniqueness of a private key also serves to authenticate the writing which appears to meet the purpose of requiring a signature. Until the case law is fully developed on this issue, parties who want to form contracts through electronic messages should enter general trade agreements specifying the method of authentication and its evidentiary value. A Sign Of The Times . Back to the Top . . In analyzing the potential utility of digital signatures, it is helpful to compare them with handwritten signatures.
Handwritten signatures are unique to the person signing the document.
The identity of a person signing a paper document may be verified by a public notary with photo identification of the signer. As certificate authorities become more widespread, they will likely take on the role of public notaries in cyberspace and will verify the identities of senders of electronic messages. To further compare digital and handwritten signatures, the purposes of signatures in general and the desirable attributes of signatures in achieving these purposes need to be discussed. In developing its Digital Signature Guidelines , the American Bar Association discussed four general functions of signed writings. When the signer makes a mark in a distinctive manner, the writing becomes attributable to the signer.