28-50-109. ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE. (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this section is determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties’ agreement, if any, and otherwise as provided by law.
History:
[28-50-109, added 2000, ch. 286, sec. 1, p. 963.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT
Section 28-50-101 - SHORT TITLE.
Section 28-50-102 - DEFINITIONS.
Section 28-50-104 - PROSPECTIVE APPLICATION.
Section 28-50-105 - USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES — VARIATION BY AGREEMENT.
Section 28-50-106 - CONSTRUCTION AND APPLICATION.
Section 28-50-108 - PROVISION OF INFORMATION IN WRITING — PRESENTATION OF RECORDS.
Section 28-50-109 - ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE.
Section 28-50-110 - EFFECT OF CHANGE OR ERROR.
Section 28-50-111 - NOTARIZATION AND ACKNOWLEDGMENT.
Section 28-50-112 - RETENTION OF ELECTRONIC RECORDS — ORIGINALS.
Section 28-50-113 - ADMISSIBILITY IN EVIDENCE.
Section 28-50-114 - AUTOMATED TRANSACTION.
Section 28-50-115 - TIME AND PLACE OF SENDING AND RECEIPT.
Section 28-50-116 - TRANSFERABLE RECORD.
Section 28-50-118 - ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES.