This week's episode of Ted Lasso provides a great opportunity to discuss eSignatures. *Slight* SPOILER WARNING for Season 3, Episode 3.
Rebecca: "We do have a signed contract, don't we?"
Higgens: "Of course, we have an eSignature, that's legally binding...I think"
eSignatures are increasingly a part of every day life, yet the above exchange from the episode is an all too common concern. Are eSignatures legal? In most jurisdictions including the United States, the answer is yes. Moments later, the exchange continues:
Higgens: " So I just talked to legal about REDACTED'S contract and an eSignature is 100% binding. Tiny wrinkle, instead of signing his name he signed 'You're welcome.' "
This funny quip actually highlights a significant issue - while eSignatures are legally acceptable, they may not be forensically reliable at determining authorship. Transaction data alone such as IP Address, email addresses, one time pins, and other such data are not capable of actually establishing who clicked the button or typed a name. Not all eSignatures are equal in this respect.
In this example, depending on whether the eSignature "You're welcome" was typed or a digitally captured handwritten entry could provide all the difference on whether or not it would be possible to determine if the contract was signed by REDACTED.
When in doubt about the reliability of an eSignature, it's crucial that you reach out and discuss it with an expert who understands these intricacies.
#forensics #eSignatures #handwriting #TedLasso