Smooth Online Signatures, Open Source
blog.ezliu.com
blog.ezliu.com
The reason electronic signatures are broken is not that the signature doesn't look right, but the fact that nothing binds the signature to the thing being signed. Once I have your electronic signature it is trivial for me to transfer that signature to any document I like, so the presence of an electronic signature proves nothing. Hence, electronic signatures are useless. And good-looking electronic signatures are worse then useless precisely because they look so much like physical signatures but without the actual benefit that physical signatures provide. Nice curves don't make an electronic signature useful any more than an image of a shiny padlock makes a web page secure.
The ONLY way to sign documents electronically that has any actual utility in the face of disputes (which, if you think about it, is the only situation in which signatures matter) is with cryptographically secure digital signatures.
It's going to take someone actually transporting a signature to another document and a resulting lawsuit to see the practical impact of accepting physical signatures with a digital medium.
That's a little different because the pin pad might have an audit trail built in to it that would allow the merchant to prove (or at least provide evidence for) the provenance of the signature. I don't know if pin pads actually do this, but it's possible. With a signature that comes in as a stream of bits over the internet from some unknown source this is not possible even in principle.
And that is exactly the problem. People think it's the signature that matters because that is what they see. It isn't. What matters is that the signature provides some evidence about the intent of a particular person at a particular time. A physical signature on a physical document provides such evidence. An electronic signature does not and cannot.
BTW, even physical signatures have pitfalls. They bind only to the single sheet of paper they are actually on. This is the reason that on documents that actually matter they make you initial every page. Because without those initials it's trivial to swap one page of the document for another and it is impossible to tell which version you actually signed.
An electronic signature is as good as a paper signature under the ESign Act of 2000 if they follow this definition:
`electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.`
Hell, even sending the words "I accept" via Morse code over telegraph was considered a legal signature in the 19th century.
However, if there a dispute over the authenticity of the signature and found to be fraudulant, the courts have ruled that it's not a signature then.
I'm not sure it's just because of the mouse, though that makes things worse. Where I live we have smartcard IDs with biometric data on the chip. One of the things they record is the signature. It's done with a stylus and some kind of a touch sensitive screen (a really small one, which makes things worse). I took several shots but just couldn't write something that didn't look like a really bad fake of my signature. I pointed this out, but they were OK with it...
EDIT: Just to add, the lines really do look nice though (much better than what I have on my ID card, for example)!
The result has been that pretty much all "electronic signatures" are just fairy dust.
Here's a little discussion of the issue and how it played out in one case: http://christiansenlaw.net/2011/10/caselaw-when-bad-security...
This project is not strictly necessary, because an electronic signature can simply be a button, or a text field (I've seen both before). This is just as binding as a physical signature, which is to say that it demonstrates your intent to be bound, but does not actually establish your identity by itself. But it's merely overkill, not "useless".
vs
"but your honour, I just slipped and made a replica of my signature. Stop looking at me like that."
it does establish clear intent.
IANAL though.
No. The screw case is when someone says: I pressed the button, but the document I was agreeing to was not the document that the plaintiff is presenting, it is this completely different document over here.
Signing physical contracts -- which is often not actually required in contract law (though it can be for certain transactions in certain jurisdictions) -- gives both parties an unambiguous, socially-ironclad touchstone that says We Are Engaged In Serious Business. If you're willing to sign something, you're willing to be bound, if not, you aren't.
+ "I was wondering if you gave any thought to the consulting proposal, for 2 weeks at $20k a week?" "We want to do it." has offer and consideration but the acceptance and intent to create a contract are ambiguous. It's entirely possible for one side of the negotiation to think "Sweet, it's on" and the other side to think "For God's sake, that was a pleasantry!"
Some people feel that certain online relationships would be improved by physical or physical-like contract signing, for the solemnization aspect. I've wrestled with this myself. For example, medical providers can't use Appointment Reminder without agreeing to a Business Associates Agreement. The BAA is not your bog-standard clickwrap ToS -- in event of a breach or HIPAA violation it could be at the center of a $X00,000 enforcement action. I currently force people to actually print and sign contracts rather than doing the clicky-clicky thing just to convey to them Yes This Is Official.
This is close, but the part about intent is not quite the way courts approach such questions under Anglo-American contract law. The issue of intent is subsumed in the issues of offer and acceptance. Importantly, intent is addressed from an objective perspective; the parties' subjective intentions generally don't matter. Generally speaking, if a person takes an action that, viewed objectively, looks like an offer or an acceptance, then the person's subjective intention is not relevant. [1]
An edge case is where one or both parties expressly state that they don't intend to be legally bound (for example, in a letter of intent). [2] That would normally be analyzed as, there was no offer, and/or no acceptance, because a reasonable person would not regard the parties as having assented to being bound.
Which brings us to:
> "We want to do it." has offer and consideration but the acceptance and intent to create a contract are ambiguous. It's entirely possible for one side of the negotiation to think "Sweet, it's on" and the other side to think "For God's sake, that was a pleasantry!"
The issue here would be simply whether, viewed objectively, there was an acceptance. My guess is that most lawyers and judges would say no -- that We want to do it was not an acceptance, but was a non-binding "invitation to treat" [3].
[1] http://en.wikipedia.org/wiki/Offer_and_acceptance#Offer
[2] http://en.wikipedia.org/wiki/Contract#Intention_to_be_legall...
[3] http://en.wikipedia.org/wiki/Offer_and_acceptance#Invitation...
Without that, the other party can do whatever they feel like to prove that the person they dealt with was you, but without something that actually indicates you agreed to be bound by the contract (typically a signature), it doesn't matter if they have your birth certificate and driver's license and DNA sample, you're not bound to anything.
I've forked. I plan to republish it as a tool that allows you to create arrows and save them to transparent PNG files to overlay as images. I find it really tiresome when I need a specific angled or specific sized arrow and I think this tool just performed perfectly...
AAAS. (Arrows as a Service). :D
That would of course be highly questionable.
Or you build a plotter instead of a pixel printer.
"All the credit belongs to the incredible work by Thomas Bradley, who authored the original signature library and Square for the blog post that outlined the approach."
Not so sure from the page why a fork was justified... I have been using this solution for quite a while on a project which needed signatures for fulfillment. More than happy with it...
Note: man, the smoothing becomes a horrible ink-blobby mess... especially with the mouse. Using a tablet (Wacom) gives better results, but this is more related to the accuracy of the digitizer... but still the results is a mess; as if something just dipped a fountainpen in a pot of ink
I looked at Thomas Bradley's plugin, tested it in a client app, but ended up going with jSignature as the base64 such could be posted as form data, converted as necessary, and placed in a LaTeX template that was converted to PDF. Note that my client was aware this was not a valid "e-signature", but they wanted a simple solution that appeared valid and large contracts would require paper signatures anyways.
I emailed Thomas Bradley when I was exploring options and he responded within an hour. Also, that repository was active (TB was responding to bug reports and there had been commits on the day that I looked) and had more followers and forks. Since I'm a mediocre hacker, I generally optimize for paths where I can get the most support if I think I might need it.
Thomas's is also very well documented with specific code examples and demos for the basic use cases.
I considered a lot of different options, including signature as a service (https://www.signature.io/ -- these guys have a beautiful implementation), integration with other companies (hellosign and signnow are my favorites, docusign/echosign), but TB's was just the best fit for my needs at the time.
I really wanted to use it and have emailed back and forth with them several times over the last 2 years (from before they even had a product called hellosign -- when it was integrated into hellofax).
it required account creation for both signers through their site, which forces my users to leave the site to sign, and it wasn't a fit for the UX i wanted.
Similar issue for signnow.com
Benefits of using those though: transfering the responsibility of maintaining legally compliant signatures to a third party. Read more: http://www.hellosign.com/info/legal
For my specific use that's less important, so I opted for a solution I could embed without sending my users somewhere else.
However I think the hellosign folks are awesome guys and i use hellofax for a lot of stuff personally.
I'd suggest...
"Variable width signatures (this is implemented very
crudely, and I didn't discuss it in this post. The first
signature pad in the post uses it though)"
never mind ,I think you and I are on the same page.Looks fantastic.
I used a really ghetto distance metric as a proxy for velocity and since the sampling rate varies on everyone's local machines it can produce really ugly signatures.
close inspection of the implementation will not bode well for anyone's opinion of my programming abilities.
my excuse is that this is a tiny bit of UI candy on top of my core business. if i were to spend much more time on it, I'd change a lot of things about it.
It's a simple concept with font smoothing. Wonder why they never thought of implementing it on actual commercial devices.
It's a lot easier to get a good signature with a touchscreen than a trackpad. ;)