MISPLACED PRIORITIES: THE UTAH DIGITAL SIGNATURE ACT AND LIABILITY ALLOCATION IN A PUBLIC KEY INFRASTRUCTURE
On March 9, 1995, the Utah Digital Signature Act (the “Utah Act”) was signed into law.1 Complex and ambitious, the Utah Act is intended to promote the use of digital signatures on computer-based documents and to facilitate electronic commerce.2 The Utah Act implements an infrastructure in which computer users utilize “certification authorities,” online databases called repositories, and public-key encryption technology in order to “sign” electronic documents in a legally binding fashion. In addition to setting out a regulatory scheme designed to implement this infrastructure, the Utah Act provides certain digital signatures with legal status as valid signatures and addresses a variety of issues relating to the status of digitally-signed electronic documents in contract and evidence law.