From: Steve McCarty (steve@kagawa-jc.ac.jp)
Date: Friday, April 02, 1999 08:12 PM

Again as OTHER BUSINESS, regarding the agenda item of Policies for sending documents requiring signatures, is there any
discussion or motions on this topic?

From: Jenna Seehafer (seehafer@csus.edu)
Date: Friday, April 02, 1999 11:25 PM

Some banks accept faxed checks. Some companies accept faxed, signed documents for official records. But most do not accept faxes for anything official and legally required. California and the IRS do not yet accept faxed or online signatures for required documents, although ATMs somehow go around this and the IRS has issued passwords to some people to use in filing taxes electronically, It seems to me that these two exceptions to the signature rules set a legal precedent for not requiring the "original" signature on paper when using computers.
We could establish as WAOE policy that we do accept faxes for signed documents kept in WAOE records (such as time sensitive waivers, proxies, approval of the President for the Treasurer to write checks for more than $200, notification of intent to become a voting member ) or that we accept as true documents even more elaborate Web substitutes for signatures in our official documents (such as passwords authorizing signatures from actual graphics of genuine signatures kept confidentially by the Executive Secretary, or passwords associated with signed paper signature cards, or passwords used with a web form that we just agree means a signature). Again, this area seems to be something we should consider with an eye toward pioneering a secure way to accept a signature or a symbol of one from a distance without having to use postal mail for our signed documents.
There are security issues with all signatures. If the Executive Secretary were to post his true signature to the WEB on say a document certifying the authority of those who sign checks (such as the one that will be attached to the minutes), someone could capture that signature graphic and use it to sign all sorts of documents. Any color printer could make a very convincing facsimile of our signatures if we were to post them digitally. Unfortunately for the security of fax signatures, there are already many computers which can capture faxes and process them through programs like OmniPage to translate them to digital form. For that matter, a scanner would do. To make it worse, some people know how to capture passwords. My feeling about these advances in technology is that signatures themselves are out of date--they are too easy to counterfeit. We need some other way to verify that people are who they say they are and that they have given their assent.
The issue of signatures is immediate, as what we decide here will affect even the documents attached to the minutes of this meeting. What we risk in setting our own policies here is that courts, should we ever have to deal with them, or California, or the IRS might not accept our archive of documents as valid without actual paper signatures.
 
 

From: David Wyatt (dwyatt@camtech.net.au)
Date: Saturday, April 03, 1999 10:57 PM

I don't see any way that we can hope to resolve a firm position at this meeting on the issues of electronic signing and security that Jenna raises, when so few authorities are yet able to come up with anything watertight.
I would suggest that the issues be referred to the Coordinating Ring to discuss and resolve as quickly as possible. It might set up a working party, and it would be well advised to seek the advice of any WAOE members who have experience with electronic transfer of funds or sensitive data.
I would put a motion along that line but I would like to incorporate it into a motion dealing with the issue of authorising documents related to our present meeting. I think all we can do on that matter at this time is to ask Directors to send original signed documents to the Executive Secretary - preferably by express mail - but that entails significant cost which Directors might reasonably wish to have reimbursed. Again, I'm ready to put a motion about that, but I would like to be clear first of all what documents are involved. The call for waivers was dealt with in the synchronous part of the meeting. Are there any other documents to be signed?
This is the last post I will be able to make for some hours, as I have to be away from my computer. I look forward to reading responses when I get back.

David Wyatt
Director: World Association for Online Education

From: Jenna Seehafer (seehafer@csus.edu)
Date: Sunday, April 04, 1999 03:43 AM

Inasmuch as this topic is likely to generate more discussion than we have time for during this meeting --a meeting which is already taking much longer than expected to complete, I withdraw the topic from this agenda (I originally proposed it as an agenda item).
The documents with signatures I must "send" to Brian include the certified Articles, the signed Bylaws, the signed acceptance by directors of the Bylaws, the Franchise Tax determination letter, the reservation of our name, the announcement that we are incorporated, the Franchise Tax application and attachments (all of which I can send in certified postal mail rather than by fax or other electronic means), the waivers (which David pointed out we are each sending by postal mail--no need to use the fastest mail), the certifications and minutes (which Brian could just post to the website with a note that the signed certifications and minutes are on file in the Corporate Records binder.)
We can get by without a policy on signatures until the Ring has had a chance to work it out or assign it to appropriate committees, but the topic will continue to come up each time we must file an official document and for every formal meeting.

Jenna Seehafer
Director, World Association for Online Education
Treasurer, World Association for Online Education
Rio Linda, California

From: Steve McCarty (steve@kagawa-jc.ac.jp)
Date: Tuesday, April 06, 1999 08:01 PM

The final status of this agenda item is that the motion has been withdrawn. However, passages in this WebBoard thread clarifying the issues involved in setting up "Policies for sending documents requiring signatures" may appear in the Minutes of this meeting as having been referred to the WAOE Coordinating Ring for further discussion and action.