Maryland and Delaware have a lot going for them: legendary boating, lovely beaches, great fishing, and close proximity to the East Coast's major metro areas. These two states have also have taken a lead role in developing a promising corner of the Internet.

As I've mentioned before on this blog, the Uniform Electronic Transactions Act (UETA) represents a cornerstone of the "e" economy. UETA led to the Electronic Signatures in Global and National Commerce Act (ESIGN) and together these laws have expanded across the entire country to create a foundation for e-business to grow upon. 

Maryland and Delaware have taken the next step in revising UETA to better serve the evolving eCommerce environment. They have both amended their UETA laws to define electronic messages, protected with an EPM, as the equivalent of U.S. Postal mail. Additionally, these amendments apply to any agreement governed by the laws of those states even if the organizations don't reside there.

This simple concept--supported unanimously by the legislatures in both states--enables those states to take advantage of existing technology, infrastructure, and policy investments in entirely new ways. The technology, deployed years ago by the USPS, just waits for the right application. The infrastructure of U.S. Postal inspectors, retail outlets and brand awareness stand in the same position. From a policy perspective, this single amendment allows thousands of existing laws and regulations--that all reference mail--to apply. Talk about a highly leveraged move of those legislatures.

So you ask "What if my state hasn't amended the UETA statute?" Never fear my friends. Most laws and regulations don't require the use of mail exclusively, they just explicitly approve of the mail. The EPM usually fulfills requirements of electronic transactions anyway, it just takes a few extra steps like digging into other parts of the regulation or referencing other laws or precedents. I enjoy explicit approval so much more for ease, clarity, and the peace of mind it provides our customers.

Here's a list from Section 18 of the US Code where the USPS has jurisdiction to enforce protection of the EPM in any state:

18 U.S.C. - 1028. Fraud and related activity in connection with identification documents and information
18 U.S.C. - 1029. Fraud and related activity in connection with access devices
18 U.S.C. - 1030. Fraud and related activity in connection with computers
18 U.S.C. - 1343. Wire Fraud
18 U.S.C. - 2701. Unlawful Access to Stored Communications  
18 U.S.C. - 2510. Definition of "electronic communications"

Maybe you would expect these policy advances from states known for their nature and leisure...but they seem to have figured out more than just fine living. They've figured how to live fine while keeping an eye on continuing such a lifestyle in the future. Way to go Del Mar.