On June 30, 2000, at Congress Hall in Philadelphia, President Bill Clinton signed the Electronic Signatures in Global and National Commerce Act. He used a smart card to sign it. “With the swipe of a smart card and the click of a mouse, they will be able to finalize mortgages, sign insurance contracts, or open brokerage accounts.”
Under the law, a contract or signature “may not be denied legal effect, validity, or enforceability solely because it is in electronic form.” A consumer’s consent to electronic records cannot be assumed from silence.