Current through September 17, 2024
The technology known as "Signature Dynamics" is an acceptable technology for use in Nebraska, provided that the signature is created consistent with the provisions in Section 002.01 - 002.05 of this section.
002.01 Definitions - For the purposes of Section 002, and unless the context expressly indicates otherwise: 002.01a "Handwriting Measurements" means the metrics of the shapes, speeds and/or other distinguishing features of a signature as the person writes it by hand with a pen or stylus on a flat surface.002.01b "Signature Digest" is the resulting bit-string produced when a signature is tied to a document using Signature Dynamics.002.01c "Expert" means a person with demonstrable skill and knowledge based on training and experience who would qualify as an expert pursuant to Neb. Rev. Stat. § 27-702.002.01d "Signature Dynamics" means measuring the way a person writes his or her signature by hand on a flat surface and binding the measurements to a message through the use of cryptographic techniques.002.02 Nebraska Administrative Code Title 437, Ch. 3, sec. 001.01 requires that a digital signature be 'unique to the person using it.' A signature digest produced by Signature Dynamics technology may be considered unique to the person using it, if:002.02a the signature digest records the handwriting measurements of the person signing the document using signature dynamics technology, and002.02b the signature digest is cryptographically bound to the handwriting measurements, and002.02c after the signature digest has been bound to the handwriting measurements, it is computationally infeasible to separate the handwriting measurements and bind them to a different signature digest.002.03 Nebraska Administrative Code Title 437, Ch. 3, sec. 001.02 requires that a digital signature be capable of verification. A signature digest produced by signature dynamics technology is capable of verification if: 002.03a the acceptor of the digitally signed message obtains the handwriting measurements for purposes of comparison, and002.03b if signature verification is a required component of a transaction, the handwriting measurements can allow an expert handwriting and document examiner to assess the authenticity of a signature.002.04 Nebraska Administrative Code Title 437, Ch. 3, sec. 001.03 requires that a digital signature remain 'under the sole control of the person using it'. A signature digest is under the sole control of the person using it if: 002.04a the signature digest captures the handwriting measurements and cryptographically binds them to the message directed by the signer and to no other message, and002.04b the signature digest makes it computationally infeasible for the handwriting measurements to be bound to any other message.002.05 The signature digest produced by signature dynamics technology must be linked to the message in such a way that if the data in the message are changed, the signature digest is invalidated.437 Neb. Admin. Code, ch. 4, § 002