Title: E-SIGN Modernization Act of 2020
Policy area: Finance and Financial Sector

Summary:
E-SIGN Modernization Act of 2020
This bill repeals certain requirements regarding the use of electronic records in commerce. Specifically, the bill repeals the requirement that consumers must demonstrate their ability to access information electronically in order to consent to the use of electronic records.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4159 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4159

To amend the Electronic Signatures in Global and National Commerce Act 
                 to accommodate emerging technologies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 2, 2020

   Mr. Thune (for himself, Mr. Moran, and Mr. Young) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the Electronic Signatures in Global and National Commerce Act 
                 to accommodate emerging technologies.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``E-SIGN Modernization Act of 2020''.

SEC. 2. REQUIREMENTS FOR CONSENT TO ELECTRONIC DISCLOSURES.

    (a) In General.--Title I of the Electronic Signatures in Global and 
National Commerce Act (15 U.S.C. 7001 et seq.) is amended--
            (1) in section 101(c) (15 U.S.C. 7001(c))--
                    (A) in paragraph (1), by striking subparagraphs (C) 
                and (D) and inserting the following:
                    ``(C) the consumer, prior to consenting, is 
                provided with a statement of the hardware and software 
                requirements for access to and retention of the 
                electronic records; and
                    ``(D) after the consent of a consumer in accordance 
                with subparagraph (A), if a change in the hardware or 
                software requirements needed to access or retain 
                electronic records creates a material risk that the 
                consumer will not be able to access or retain a 
                subsequent electronic record that was the subject of 
                the consent, the person providing the electronic record 
                provides the consumer with a statement of--
                            ``(i) the revised hardware and software 
                        requirements for access to and retention of the 
                        electronic records; and
                            ``(ii) the right to withdraw consent 
                        without the imposition of any fees for such 
                        withdrawal and without the imposition of any 
                        condition or consequence that was not disclosed 
                        under subparagraph (B)(i).'';
                    (B) by striking paragraph (3); and
                    (C) by redesignating paragraphs (4), (5), and (6) 
                as paragraphs (3), (4), and (5), respectively; and
            (2) by striking section 105 (15 U.S.C. 7005).
    (b) Rule of Construction.--Nothing in this section, or the 
amendments made by this section, may be construed as affecting the 
consent provided by any consumer under section 101(c) of the Electronic 
Signatures in Global and National Commerce Act (15 U.S.C. 7001(c)) 
before the date of enactment of this Act.
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