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On June 30, 2000, Congress enacted the Electronic Signatures in Global and National Commerce Act ("ESIGN" or "the Act"), to facilitate the use of electronic records and signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically. Careful to preserve the underlying consumer protection laws governing consumers' rights to receive certain information in writing, Congress imposed special requirements on businesses that want to use electronic records or signatures in consumer transactions.

Although participants expressed a range of views, it is reasonable to conclude that, thus far, the benefits of the consumer consent provision of ESIGN outweigh the burdens of its implementation on electronic commerce. The provision facilitates e-commerce and the use of electronic records and signatures while enhancing consumer confidence. It preserves the right of consumers to receive written information required by state and federal law. The provision also discourages deception and fraud by those who might fail to provide consumers with information the law requires that they receive.

The consumer consent provision in ESIGN appears to be working satisfactorily at this stage of the Act's implementation. Almost all participants in the study recommended that, for the foreseeable future, implementation issues should be worked out in the marketplace and through state and federal regulations. Therefore, Commerce and the FTC recommend that Congress take no action at this time to amend the statute.

Section 105(a) of the Electronic Signatures in Global and National Commerce Act ("ESIGN Act") directs the Department of Commerce ("Department") to conduct an inquiry and report to Congress on the effectiveness of electronic mail in the delivery of records, as compared with the delivery of records via the United States Postal Service and private express mail services.

Prepared by Working Group 7 of the NTIA Spectrum Planning Subcommittee

Public Law 106-553, The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, requires the National Telecommunications and Information Administration (NTIA) to consult with other federal agencies and departments responsible for regulating the core operations of entities engaged in the provision of energy, water, and railroad services and to report to Congress no later than one year after the Act’s enactment on the current and future use of spectrum by these entities to protect and maintain the Nation’s critical infrastructure.

NTIA reviewed the information collected through comments, reports, and other sources of information. NTIA presents its findings in this report based upon such data. NTIA found that providers of energy, water and railroad services submitting comments for this report had concerns regarding their current and future spectrum requirements. In addition, federal agencies who regulate the core operations of these industries (or some aspect of those operations) generally concur with comments by the industry and its representative trade organizations.