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Frequently asked questions
How do you make a document that has an electronic signature?
How do you make this information that was not in a digital format a computer-readable document for the user? "
"So the question is not only how can you get to an individual from an individual, but how can you get to an individual with a group of individuals. How do you get from one location and say let's go to this location and say let's go to that location. How do you get from, you know, some of the more traditional forms of information that you are used to seeing in a document or other forms. The ability to do that in a digital medium has been a huge challenge. I think we've done it, but there's some work that we have to do on the security side of that. And of course, there's the question of how do you protect it from being read by people that you're not intending to be able to actually read it? "
When asked to describe what he means by a "user-centric" approach to security, Bensley responds that "you're still in a situation where you are still talking about a lot of the security that is done by individuals, but we've done a very good job of making it a user-centric process. You're not going to be able to create a document or something on your own that you can give to an individual. You can't just open and copy over and then give it to somebody else. You still have to do the work of the document being created in the first place and the work of the document being delivered in a secure manner."
How to make a document where a client can esign?
"The best way of getting a document signed is by a real lawyer, but if they are unavailable we can often work it out. In addition to getting your lawyer involved, I'll want to know who is handling it for you. Do you trust a real estate lawyer to do the signature work for you, or do you need to do the work yourself (and get a professional to make sure it's done well)?
"Do you want to get all the documents in one fell swoop ( all your insurance paperwork) or do you want to get some small bits and pieces in there?
"Will you need an escrow account or do you already have one? "
If you can't get your signature or your lawyer is unwilling to take care of it, you can have the client send back and tell the attorney that they want the document signed. If the attorney doesn't sign it, you can ask for a refund.
I've found that a good way to handle the paperwork is to start with an original copy. Make a note of where you got it — your computer, your mobile, wherever makes sense. Then make your signature in a new envelope and hand it to the lawyer. When the lawyer gets it, send it back to the original address. This is a good idea to start with, so you aren't in trouble if any of the other information (like the signature) is missing or incorrect.
Once the document is in the attorney's possession, let her know that it's not complete, so they can start working on the paperwork. You'll want the attorney to start the process over again, this time sending the signed document back to you...
What's an electronic signature?
An electronic signature is basically just a message to someone who can't read that message. So, if you send somebody a message using email or something like that, you have a digital signature. And this isn't the only way you can get a signature. For instance, in a court case in the state of New York, the defendant, who is a bank or a credit union, can have a third party do a court-approved electronic signature that verifies the information on the electronic signature. But you can also get a signature that is completely automated, like when you sign your tax return."
But what's even more confusing than the concept of electronic signatures is that there's no legal mechanism to verify their contents. The fact that a digital signature is a digital message means that it's not easily verified. And the problem isn't that people can just print out digital signatures; it's that they can't validate them.
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What is it really like to receive your digital signature? "The thing is, if you receive the original signature, you can verify it. If I give you a copy of it on a computer, there are many ways to do that," says Wainwright. "The only way I know that I can verify a digital signature is by taking the digital signature and putting it into a digital camera. And a digital camera has a very, very, very simple method to determine if there's tampering or not—if the signatures really are there."
What's worse, the verification process doesn't actually matter, because, as I was...
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