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Thelen Reid Brown Raysman & Steiner LLP
The
Office of Management and Budget has issued "procedures
and guidance" for federal agencies to implement the
Government Paperwork Elimination Act of 1998. The act requires
federal agencies to take steps to make themselves electronically
available to individuals and entities they deal with by
October 21, 2003.
This
means that the agencies must create a program which, where
practicable, will allow people to submit information to,
transact business with and maintain records with the agencies
electronically. Notably, the act states that electronic
records and electronic signatures are not to be denied legal
effect, validity or enforceability merely because of their
electronic form.
Each
agency is directed to consider the viability and security
risks associated with electronic signatures. The OMB directive,
issued in May, notes that the success of the act is dependent
on consumer confidence in the security of the system. Accordingly,
each agency is to explore the feasibility of encryption
technologies. OMB directs agencies to conduct a self-evaluation
and develop a plan and implementation schedule for transition
to "electronic government" by October 2000.
On
June 30, 2000, President Clinton signed similar legislation
permitting and governing the use of electronic signatures
for interstate commerce. For a report on the "E-SIGN"
Act, click
here.
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For more information about the issues covered in this report, please contact Paul Berning in our San Francisco office at 415-369-7229 or at pwberning@thelen.com or contact your Thelen attorney. For more information about Thelen's Construction and Government Contracts Department, click here.
©2000 Thelen Reid Brown Raysman & Steiner LLP
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