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the contract agreement or

Occurrences over time

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Occurrences in the Congressional Record

Entry Title Date
Millennium Digital Commerce Act March 29, 2000
Trent Lott, R-MS
"(a) General Rule.—With respect to any contract, agreement, or record entered into or provided in, or affecting, interstate or foreign commerce, notwithstanding any statute, regulation, or other rule of law, the legal effect, validity, or enforceability of such contract, agreement, or record shall not be denied— (1) on the ground that the contract, agreement, or record is not in writing if the contract, agreement, or record is an electronic record; or (2) on the ground that the contract, agreement, or record is not signed or is not affirmed by a signature if the contract, agreement, or record is signed or affirmed by an electronic signature. (b) Autonomy of Parties in Commerce.— (1) In general.—With respect to any contract, agreement, or record entered into or provided in, or affecting, interstate or foreign commerce— (A) the parties to such contract, agreement, or record may establish procedures or requirements regarding the use and acceptance of electronic records and electronic signatures acceptable to such parties; (B) the legal effect, validity, or enforceability of such contract, agreement, or record shall not be denied because of the type or method of electronic record or electronic signature selected by the parties in establishing such procedures or requirements; and (C) nothing in this section requires any party to use or accept electronic records or electronic signatures. (2) Consent to electronic records.—Notwithstanding subsection (a) and paragraph (1) of this subsection— (A) if a statute, regulation, or other rule of law requires that a record be provided or made available to a consumer in writing, that requirement shall be satisfied by an electronic record if— (i) the consumer has affirmatively consented, by means of a consent that is conspicuous and visually separate from other terms, to the provision or availability (whichever is required) of such record (or identified groups of records that include such record) as an electronic record, and has not withdrawn such consent; (ii) prior to consenting, the consumer is provided with a statement of the hardware and software requirements for access to and retention of electronic records; and (iii) the consumer affirmatively acknowledges, by means of an acknowledgement that is conspicuous and visually separate from other terms, that—"
Electronic Signatures In Global And National Commerce Act November 9, 1999
Patsy Mink, D-HI
"(a) General Rule.—With respect to any contract, agreement, or record entered into or provided in, or affecting, interstate or foreign commerce, notwithstanding any statute, regulation, or other rule of law, the legal effect, validity, or enforceability of such contract, agreement, or record shall not be denied— (1) on the ground that the contract, agreement, or record is not in writing if the contract, agreement, or record is an electronic record; or (2) on the ground that the contract, agreement, or record is not signed or is not affirmed by a signature if the contract, agreement, or record is signed or affirmed by an electronic signature. (b) Autonomy of Parties in Commerce.— (1) In general.—With respect to any contract, agreement, or record entered into or provided in, or affecting, interstate or foreign commerce— (A) the parties to such contract, agreement, or record may establish procedures or requirements regarding the use and acceptance of electronic records and electronic signatures acceptable to such parties; (B) the legal effect, validity, or enforceability of such contract, agreement, or record shall not be denied because of the type or method of electronic record or electronic signature selected by the parties in establishing such procedures or requirements; and (C) nothing in this section requires any party to use or accept electronic records or electronic signatures. (2) Consent to electronic records.—Notwithstanding subsection (a) and paragraph (1) of this subsection— (A) if a statute, regulation, or other rule of law requires that a record be provided or made available to a consumer in writing, that requirement shall be satisfied by an electronic record if— (i) the consumer has separately and affirmatively consented to the provision or availability of such record, or identified groups of records that include such record, as an electronic record; and (ii) has not withdrawn such consent; and (B) if such statute, regulation, or other rule of law requires that a record be retained, that requirement shall be satisfied if such record complies with the requirements of subparagraphs (A) and (B) of subsection (c)(1). (c) Retention of Contracts, Agreements, and Records.— (1) Accuracy and accessibility.—If a statute, regulation, or other rule of law requires that a contract, agreement, or record be in writing or be retained, that requirement is met by retaining an electronic record of the information in the contract, agreement, or record that— (A) accurately reflects the information set forth in the contract, agreement, or record after it was first generated in its final form as an electronic record; and (B) remains accessible, for the period required by such statute, regulation, or rule of law, for later reference, transmission, and printing. (2) Exception.—A requirement to retain a contract, agreement, or record in accordance with paragraph (1) does not apply to any information whose sole purpose is to enable the contract, agreement, or record to be sent, communicated, or received. (3) Originals.—If a statute, regulation, or other rule of law requires a contract, agreement, or record to be provided, available, or retained in its original form, or provides consequences if the contract, agreement, or record is not provided, available, or retained in its original form, that statute, regulation, or rule of law is satisfied by an electronic record that complies with paragraph (1). (4) Checks.—If a statute, regulation, or other rule of law requires the retention of a check, that requirement is satisfied by retention of an electronic record of all the information on the front and back of the check in accordance with paragraph (1)."

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