Ebook Electronic Signatures in Law Stephen Mason 9781911507000 Books
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This fourth edition of the well-established practitioner text sets out what constitutes an electronic signature, the form an electronic signature can take, and discusses the issues relating to evidence – illustrated by analysis of relevant case law and legislation from a wide range of common law and civil law jurisdictions.
Stephen Mason is a leading authority on electronic signatures and electronic evidence, having advised global corporations and governments on these topics. He is also the editor of Electronic Evidence and International Electronic Evidence, and he founded the international open-source journal Digital Evidence and Electronic Signature Law Review in 2004.
Ebook Electronic Signatures in Law Stephen Mason 9781911507000 Books
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Electronic Signatures in Law Stephen Mason 9781911507000 Books Reviews :
Electronic Signatures in Law Stephen Mason 9781911507000 Books Reviews
- excellent
- A WELL-ESTABLISHED AND CELEBRATED WORK OF REFERENCE ON ELECTRONIC SIGNATURES –
NOW IN A NEW FOURTH EDITION
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
A quick perusal of this book should convince you that signatures are not as simple as many may think. They can manifest themselves in any number of forms, which means that the term ‘signature’ can be either loosely or precisely defined to the point where it almost defies definition.
Thus, says the author Stephen Mason, ‘judges have been required to exercise their powers to test the definition of a signature and what is acceptable in the legal context.’
Signatures past and present, medieval and modern are therefore discussed in detail in the first chapter of this new fourth edition of what has become a long-established practitioner text on this often vexed subject, thus putting the matter of electronic signatures into perspective.
Published by the Institute of Advanced Legal Studies (IALS), this edition deals with the different forms of electronic signatures, giving each a separate chapter now that the case law has significantly increased.
An acknowledged authority on electronic signatures, Mason, who has published widely on the subject, reminds us of the differences between the digital and physical worlds -- and that some forms of electronic signatures may not be considered, strictly speaking, as ‘signatures’.
Nevertheless, he adds that ‘it is a convenient shorthand to refer to some forms of agreeing to enter a contract as an “electronic signature†– at least we can all understand the meaning behind their words even if the form is not quite what we expect.’ Is a PIN, for example, an electronic signature? The author argues that it is a form of one, as it provides verification and authorisation of a transaction.
From here the book becomes progressively more detailed and more technical, covering, for example, electronic sound, typing a name into an electronic document and in an email address. Then there are the issues relating to PINs and passwords and there are also chapters on liability, evidence, digital signatures and data protection and of course, much more, including a chapter on international initiatives.
Distinguished by its clarity, the book reveals the complexities and the possible and probable pitfalls inherent in the usage of electronic signatures, explaining and analyzing relevant case law from an amazingly broad range of jurisdictions. As the internet knows no boundaries, neither does the matter of electronic signatures.
With a view to the needs of practitioners, the book is logically structured with numbered paragraphs, a detailed index -- and a wealth of references via the extensive footnoting. The tables of cases and of legislation comprise about 60 of the book’s pages, indicating if anything, the continually changing realities in this area of law which have come about in response to rapid changes in electronic technologies.
Commercial and international lawyers will doubtless be keen to add this latest edition of this long-established work of reference to their professional libraries. Also, as you might expect, the book is available online.
The publication date is cited as at September 2016. - CHEQUE TIME IS UP THE RISE OF THE ELECTRONIC SIGNATURE
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Stephen Mason, in the second edition of his work ‘Electronic Signatures in Law’, sums up the balance between his work and the long established and companion of renowned, ‘Byles on Bills of Exchange and Cheques’ (28th edition), when he writes that a colleague once referred to electronic signatures as the ‘burning branch of obscurity.
Mason’s friend was “indicating, indirectly, that although electronic signatures in their many forms are used daily by millions of people millions of timesâ€, the understanding surrounding the topic (like bills of exchange) was negligible! This work by Mason is a particular relevance to those who study the formation of contracts in an electronic age where the old rules tend to be changing by reason of modern necessity.
Mason succeeds here with his aim to bring the topic of electronic signatures into focus with students, lawyers and non lawyers in an age where the common law notion that it ‘never had much truck with technological objections’ could not be more unfortunate as the global market place dominates.
Mason’s book, itself, is an excellent exposition of practices across the world with 16 detailed chapters, five appendices and a glossary.
He provides an in-depth analysis of
• what constitutes an electronic signature
• the form an electronic signature can take
• issues relating to evidence, formation of contract and negligence; and
• guest authors writing chapters to cover Canada, Germany and the USA.
THE INTERNATIONAL PERSPECTIVE
As the global economy takes full control this century, ‘Mason on Electronic Signatures’ reviews these ‘electronic signature acts’ throughout the world and investigates how they have been amended by examining a number of important cases which have been reported in the following jurisdictions which may be of interest to your firm.
They are Argentina, Australia, Brazil, Canada, China, Colombia, Czech Republic, Denmark, Dominican Republic, England & Wales, Estonia, Finland, France, Germany, Greece, Hungary, Israel, Italy, Lithuania, Netherlands, Papua New Guinea, Poland, Portugal, Singapore, South Africa, Spain, Switzerland and the United States of America.
This second edition is very timely giving a practical and whilst comprehensive guide to the understanding of what an electronic signature is.
The book starts with a clear overview of the concept and history of all forms of signature and provides a fantastic insight into the way the world now views this method of asset exchange since Victorian times and is very much a book for the twenty-first century.
