(1) Where a rule of law requires a signature, or provides for certain consequences in the absence of a signature, that rule is satisfied by a digital signature, if:
(a) The digital signature is verified by reference to the public key listed in a valid certificate issued by a licensed certification authority;
(b) The digital signature was affixed by the signer with the intention of signing the message; and
(c) The recipient has no knowledge or notice that the signer either:
(i) Breached a duty as a subscriber; or
(ii) Does not rightfully hold the private key used to affix the digital signature.
(2) Nothing in this chapter:
(a) Precludes a mark from being valid as a signature under other applicable law;
(b) May be construed to obligate a recipient or any other person asked to rely on a digital signature to accept a digital signature or to respond to an electronic message containing a digital signature except as provided in RCW 19.34.321; or
(c) Precludes the recipient of a digital signature or an electronic message containing a digital signature from establishing the conditions under which the recipient will accept a digital signature.
[1997 c 27 § 16; 1996 c 250 § 401.]
Notes: Effective date -- Severability -- 1997 c 27: See notes following RCW 19.34.030.