Limiting Identity Theft in an E-Commerce World

Abstract

The author recounts the pre-E-SIGN history of statutory treatment of electronic transactions, outlines the central features of E-SIGN, and compares the consumer protection aspects of E-SIGN to the Uniform Electronic Transactions Act (UETA). The paper then turns to the subject of identity theft and shows why E-SIGN is deficient, not only because it failed to address the problem, but because it created additional opportunities for identity theft and related security problems for consumers.

Keywords: E-SIGN, ESIGN, electronic signatures, consumer protection, consumer rights, UETA, Uniform Electronic Transactions Act, identity theft, e-commerce