Posted 2/10/11 - The ACLU of Utah and cooperating attorney Brent V. Manning, who jointly represented independent candidate for governor Farley Anderson in the landmark case Anderson v. Bell, spoke today in opposition to a bill proposed by Senator Stephen Urquhart (SB 55, "Electronic Signatures") that would greatly restrict the ability of courts and all other "government agencies" to accept otherwise legal "e-signatures" from Utah residents and others. In an interview with Etopia News, Manning observed, "[U]nder the terms of S.B. 55, in order for a Utah court to enforce a contract sealed with an electronic signature, it would need to engage in a 'rule-making process' which, as a court, it is not able to do, since its function is to decide cases, not make rules. Thus, no electronic signature, or online purchase, or other electronically-agreed-to contract could be enforced in Utah courts. S.B. 55 'would completely invalidate all electronic transactions in Utah . . . . Every government department would have to engage in rule-making that would paralyze the process.'"
The ACLU of Utah operates through public education, legal advocacy, litigation, and lobbying at both the state and local levels to ensure the constitutional rights and freedoms of everyone living in or visiting Utah. Our work is based on those principals outlined in the Bill of Rights.
The correct link for the Etopia blog is http://etopianews.blogspot.com/2011/02/utah-senate-committee-amends-and.html
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