Maine Revised Statutes Title 10 Sec. 9409 – Attribution and effect of electronic record and electronic signature
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1. Attributable to person. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
[PL 1999, c. 762, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 9409
- Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Maine Revised Statutes Title 10 Sec. 9402
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Maine Revised Statutes Title 10 Sec. 9402
- Electronic record: means a record created, generated, sent, communicated, received or stored by electronic means. See Maine Revised Statutes Title 10 Sec. 9402
- Electronic signature: means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Maine Revised Statutes Title 10 Sec. 9402
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity. See Maine Revised Statutes Title 10 Sec. 9402
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 10 Sec. 9402
- Security procedure: includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption or callback or other acknowledgment procedures. See Maine Revised Statutes Title 10 Sec. 9402
2. Effect of attribution to person. The effect of an electronic record or electronic signature attributed to a person under subsection 1 is determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties’ agreement, if any, and otherwise as provided by law.
[PL 1999, c. 762, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 762, §2 (NEW).