My understanding was that it was much easier to form a legal contract with an email than that:
"Digital signatures, scanned manuscript signatures, typing one's name (or initials), and clicking on a website button are, in our view, all methods of signature which are generally capable of satisfying a statutory signature requirement," wrote the Law Commission.
Hence our disclaimer (see below).
More detailed discussion at
http://www.out-law.com/page-6839
Ian Litterick
Executive Chairman
www.iansyst.co.uk
www.dyslexic.com
www.re-adjust.co.uk
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 13 February 2008 15:05
To: [log in to unmask]
Subject: Re: [LIS-LINK] Electronic interlending
ID and password alone is not enough. The e mail system must have a high level of authentication and encryption along the lines of PGP (Pretty Good Privacy) to be legally considered "signed". It's all in Clause 7 of the Electronic Communications Act 2000. Check with your technical staff if the e mail system abides by the requirements of that Clause, but my understanding is that only those ultra secure e mail systems used in Government and some private sector firms qualify.
Charles
Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509 223053
e mail [log in to unmask]
-----Original Message-----
From: O'Leary, Simon [mailto:[log in to unmask]]
Sent: 13 February 2008 15:00
To: [log in to unmask]; [log in to unmask]
Subject: RE: Electronic interlending
Dear Charles,
Does that still apply if users have to use a secure individual login and PIN to get to a web form used for ordering an ILL?
Many thanks,
Simon
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 13 February 2008 14:49
To: [log in to unmask]
Subject: Re: Electronic interlending
Sorry to be a party pooper, but....current e mail systems in use in Universities are not secure enough to allow their use for ordering ILLs.
Personal handwritten signatures should be used. In law, a standard e mail is not considered to be "signed", and therefore a library fulfilling an ILL request received in such a way is in the same position as one fulfilling a request on a form which has not been signed, i.e., working outside library privilege.
There are also potential copyright issues in delivering copies in electronic form - they should only be used on a stand alone non-networked PC.
Publishers are very hot on this topic and I strongly advise not going down this route unless you are fully satisfied that all copyright and related issues are addressed.
Charles
Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509 223053
e mail [log in to unmask]
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of Chris Smart
Sent: 13 February 2008 11:56
To: [log in to unmask]
Subject: Electronic interlending
Dear colleagues,
We are planning a move to e-delivery of articles and wondered how other institutions managed the electronic signature element.
Do you have some form of copyright declaration that students have to tick or otherwise agree to, or do you just make them log in personally in order to make the request?
Please reply off-list if you prefer, and I will summarise for the list.
Thanks,
Chris
--
Chris Smart
Calcutta House Library
London Metropolitan University
Old Castle Street
LONDON
E1 7NT
E-mail [log in to unmask]
Tel. 44 (0)20 7320 1186
Fax. 44 (0)20 7320 1177
Companies Act 2006 : http://www.londonmet.ac.uk/companyinfo
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