International Journal of Communications Law & Policy

TO SIGN OR NOT TO SIGN ON THE ELECTRONIC DOTTED LINE:
THE UNITED STATES, THE RUSSIAN FEDERATION, AND INTERNATIONAL SIGNATURE POLICY
By Lyombe Eko and Natasha Tolstikova

Download the Paper in PDF Format: IJCLP Web-Doc 5-10-2005

Abstract

This article compares the regulation of electronic signatures (e-signatures) in the United States and the Russian Federation as unique forms of communication that are the subject of international policy transfer through the framework of the United Nations Commission on International Trade Law (UNCITRAL). The aim was to determine the extent to which American and Russian legislation on e-signatures adhere to, or incorporates e-signature principles set forth in, the UNCITRAL Model Law on Electronic Signatures. It was found that the U.S. has embraced UNCITRAL e-signature principles and actively promotes their globalization. In contrast, the Russian Federation adopted a posture that is at variance with UNCITRAL’s globalist principles, opting for a closed, home–grown e-signature system. The e-signature policies of the U.S. and the Russian Federation are consistent with each country’s historical, political, and economic realities. Thus, even in an age of globalization, nation states succeed in putting their national imprint on the Internet in general, and on e-commerce in particular.

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