Tech Neutrality in Australian Signature Law

Abstract

Throughout civilisation, people have used various methods to signify or evidence their intent, from oral agreements to the symbolic passing of dirt. Widespread literacy has enabled signatures to become the de jure method of evidencing this intention. As technology has improved, the methods for giving one’s signature have become widely varied. What is the definition of a ‘signature’, and how is that reflected in the current state of technology? What about the future? Should specific technology be incorporated into law? This paper explores those questions to examine the flexibility of Australia’s signature laws, and suggests issues for reform.

Keywords: Evidence, Signature, Technology

JEL Classification: K12, K22