California is arguably the hi-tech hub of North America. It is the nation’s most populous state and is the home of Silicon Valley. Electronic commerce flourishes there, and the public is probably as about as advanced as you will find anywhere in terms of technology adoption and acceptance.

Verafirma has developed software that captures a signature on an electronic device and attaches the signature to an electronic record. This is essentially what we all purport to do. However, Verafirma has run into resistance when using this technique to capture signatures on initiative petitions. There are some rational reasons for the Secretary of State to scrutinize the process, and there are some arguments in this ongoing case that are legitimate. However, there are some conclusions that have arisen from these arguments that, in our view, are not consistent with the letter or spirit of the state’s electronic signature law.