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Letter Sent to the Conference Committee on Digital Signatures

The Honorable John McCain
Chairman
Committee on Commerce
United States Senate
Washington, DC 20510

The Honorable Thomas Bliley
Chairman
Committee on Commerce
United State House of Representatives
Washington, DC 20515

Dear Senator McCain and Representative Bliley:

I write on behalf of the National Conference of State Legislatures to express our strong support for the draft Conference Report dated May 24, to accompany S. 761/H.R. 1714, the "Electronic Signatures in Global and National Commerce Act." The report, as approved by the members of the Conference Committee, provides for the legal equivalency between electronic and written signatures and records without the massive preemption that permeated some of the earlier versions of the legislation. On behalf of my colleagues across the country we congratulate you for a job well done. However, let me make clear, that should the Conference Report be changed to delete any of the provisions pertaining to ensuring the authority of state regulatory agencies, we would have to rescind our statement of support.

The Conference Report ensures that consumers' rights are upheld in the digital world and that state laws and regulatory authority to protect the general welfare of our constituents are not eviscerated. The Report acknowledges, we believe, that the primary role of states in protecting consumers and the solvency of our nation's financial services industries will still have purpose in the emerging "new economy." We are particularly pleased with the language in Sections 102, 103 and 104 of the May 24 Conference Report that reaffirms state authority.

On behalf of my colleagues, I would like to respectfully request, however, that during the final consideration of this legislation, that there be a colloquy on Section 103(c)(1) "Review of Exceptions-Evaluation Required," to provide specific directions to the Assistant Secretary for Communications and Information in the Department of Commerce, to include state government participation in the review of exceptions. We believe that as the exceptions detailed in Section 103 primarily have to do with functions covered under state law, state officials should be given the opportunity to provide input into the review mandated by this section.

My colleagues and I thank you for hearing the concerns that we, and our counterparts in state government, the governors and attorneys general have made to you on this issue. I particularly want to thank the staff members of the House and Senate Commerce Committees and the personal staffs of Senator Spencer Abraham of Michigan and Senator Patrick Leahy of Vermont, who have met with our Washington representatives a number of times to reach consensus on the language in the sections numerated above.

Sincerely,

Senator Joanne Emmons
Chairman, Finance Committee - Michigan Senate
Chair, NCSL Commerce & Communications Committee

Commerce and Communications Page

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