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Re:Show HN: OpenSign – The open source alternative to DocuSign by yodon on Saturday October 28, 2023 @03:43PM (#38052757)
My understanding (possibly incorrect) is that competing with DocuSign is hard because of the need to follow obscure state and National laws (many of which are defined by case law rather than published law) in order for the signatures to be legally binding.

Is that the case? And if so, is there evidence OpenSign has done this kind of SME research to make sure the electronic signatures are legally binding, or is this more "we brought in some devs and UI designers and built something" without actual legal review and guidance?

Re:Show HN: OpenSign – The open source alternative to DocuSign by wrs on Saturday October 28, 2023 @05:02PM (#38053337)
DocuSign itself just refers you to your own counsel for legal advice, but does publish and update a handy multi-country legal reference.

For the US one, at least, they give examples of where electronic signatures are pretty common and straightforward, and where you need to be careful.

Software-wise, they have features to help you show evidence of who signed, where, and when in multiple ways. Nothing magical, though.

If there were secret sauce, you would think they’d mention it prominently, but they don’t.

https://www.docusign.com/products/electronic-signature/legal...

Re:Show HN: OpenSign – The open source alternative to DocuSign by alexopensource on Saturday October 28, 2023 @05:14PM (#38053437)
We also generate a completion certificate that has the time & ip addresses of everyone who accessed and modified a doc during the entire signing process, plus we are open source which means more transparent. We plan to publish a lot of content in that space but with limited resources currently we plan to build the product features first. Also, we are soon going to start our fund raise efforts which will ultimately speed up things.
Re:Show HN: OpenSign – The open source alternative to DocuSign by szundi on Saturday October 28, 2023 @05:57PM (#38053778)
And soon after suddenly the Pricing page appears, after 3 months of disappointment convenient features turn paying ones. In some more years it is just as expensive as Docusign.

Eh sorry, I’m just sad about Rocket Chat.

Re:Show HN: OpenSign – The open source alternative to DocuSign by alexopensource on Saturday October 28, 2023 @06:10PM (#38053874)
The self hosted version will always be free :)
Re:Show HN: OpenSign – The open source alternative to DocuSign by josephcsible on Saturday October 28, 2023 @06:42PM (#38054090)
Your CONTRIBUTING.md file says "By contributing, you agree that your contributions will be licensed under its MIT License." Since OpenSign is AGPLv3, why don't you allow contributions under the same license, if the self hosted version will always be free? I'm worried that the purpose of that might be to let you make it proprietary later.
Re:Show HN: OpenSign – The open source alternative to DocuSign by tormeh on Saturday October 28, 2023 @10:31PM (#38055401)
AGPL for thee but not for me, for I require MIT.

To be fair, this is an entirely reasonable way to do business, but it's also a bit funny.

Re:Show HN: OpenSign – The open source alternative to DocuSign by anonymous_sorry on Sunday October 29, 2023 @05:44AM (#38057039)
I guess this allows them integrate with proprietary code on their back end if necessary, whilst making it hard for a competitor to take their code and undercut them, since most corps with proprietary software to protect won't touch AGPLv3 with a barge pole.

Nothing prevents an AGPLv3 fork if OpenSign goes proptrietary in future.

I'd rather this approach than yet another non-standard Amazon-proof licence.

Re:Show HN: OpenSign – The open source alternative to DocuSign by josephcsible on Sunday October 29, 2023 @06:15PM (#38063392)
> I guess this allows them integrate with proprietary code on their back end if necessary

Couldn't they have accomplished that just by asking for GPLv3 instead of AGPLv3? That would let them do so without letting them make the self-hosted version non-free, unlike asking for MIT.

> Nothing prevents an AGPLv3 fork if OpenSign goes proprietary in future.

Yes, but this would be true for almost any FOSS license offered and regardless of what they ask of contributors.

> I'd rather this approach than yet another non-standard Amazon-proof licence.

I very much agree with this.

Re:Show HN: OpenSign – The open source alternative to DocuSign by blurr123 on Sunday October 29, 2023 @10:55AM (#38059165)
Ive been using rabbitsign since 2021 to get signatures on legal docs for work.

Covid made this acceptable.

https://www.rabbitsign.com/

Re:Show HN: OpenSign – The open source alternative to DocuSign by djbusby on Saturday October 28, 2023 @07:22PM (#38054416)
Those certs integrated with with any Timestamp Authority?
Re:Show HN: OpenSign – The open source alternative to DocuSign by alexopensource on Saturday October 28, 2023 @05:02PM (#38053338)
Thanks for asking the right question. We are taking legal help to be compliant with various jurisdictions. Our solution is currently able to safely sign a document with a digital signature that will make it tamper-proof and show a geen tick in Adobe PDF while keeping track of incremental annotations added by multiple signers. We envision to add support for eIDAS and AADHAAR e-sign(widely accepted in India) very soon.
Re:Show HN: OpenSign – The open source alternative to DocuSign by petertodd on Saturday October 28, 2023 @05:27PM (#38053537)
> Our solution is currently able to safely sign a document with a digital signature that will make it tamper-proof

Who holds the secret key that actually signs the document? If this is in fact a self-hosted, open-source, project then clearly the user does, and they could sign a different, tampered, version of the document after the fact. I would hesitate to use the term "tamper-proof" in that situation. Right now your documentation doesn't make it clear how this actually works.

I'll also point out, that even if you were using my OpenTimestamps scheme or some other secure timestamping system, I would still hesitate to call the solution "tamper-proof". The problem is that even with timestamps someone can in many situations pre-generate alternate versions of a document in advance. Calling this type of system "tamper-resistant" is better IMO.

Re:Show HN: OpenSign – The open source alternative to DocuSign by alexopensource on Saturday October 28, 2023 @06:57PM (#38054235)
In the hosted version, we sign the document on behalf of the user using our own private key. Our roadmap also has the feature to bring your own cert(not relevant here). As soon as a user signs a document, a copy of the signed document is instantly sent to all the parties involved. This ensures that the signer cannot revoke the documents already signed. If the receiving party tries to modify the document, the signature becomes invalid. This is how we make sure that the docs are "tamper-proof" after signing.
Re:Show HN: OpenSign – The open source alternative to DocuSign by petertodd on Saturday October 28, 2023 @08:19PM (#38054733)
That's a reasonable, and pragmatic, way to implement this. But I'd still call it "tamper-resistant". One reason why is in situations where senders or recipients have modified something, proving that the _keys_ used to sign the documents were the correct ones can itself be a difficult problem.
Re:Show HN: OpenSign – The open source alternative to DocuSign by johnfonesca on Sunday October 29, 2023 @04:02AM (#38056650)
>This ensures that the signer cannot revoke the documents already signed. If the receiving party tries to modify the document, the signature becomes invalid

This,fortunately, is a feature of the PDF digital signatures standard.

Re:Show HN: OpenSign – The open source alternative to DocuSign by jjeaff on Saturday October 28, 2023 @05:02PM (#38053340)
Are there really any laws requiring special types of signatures? Because I've never had a legal doc sent to me that they weren't fine with just stamping my signature on the line or even printing it out, signing it, and scanning it back in.
Re:Show HN: OpenSign – The open source alternative to DocuSign by baz00 on Saturday October 28, 2023 @05:14PM (#38053436)
Depends where you are but contracts and other legal documents are only ultimately enforceable in court usually. Electronic signatures tend to shorten that process somewhat as they provide signatory verification, contract integrity and ID verification so it's seen as a legal risk and cost mitigation rather than an actual hard contractual requirement.
Re:Show HN: OpenSign – The open source alternative to DocuSign by alexopensource on Saturday October 28, 2023 @05:10PM (#38053412)
It depends on jurisdiction you are located in and the level of legal safety and acceptance you need. Our solution is already able to digitally sign the document which kind of makes it tamper proof and electronically sign(draw annotations) which will have you covered in most regions. Some regions have specific laws for example India has IT Act 2000, UETA & ESIGN Act while Europe has eIDAS.
Re:Show HN: OpenSign – The open source alternative to DocuSign by p_l on Saturday October 28, 2023 @06:10PM (#38053871)
European Union (and some states connecting with the same infrastructure, like Switzerland), have standardized formats as well as defined CAs that provide certificates for "qualified" signatures, which have the same legal weight as if you had a printed document with physical signature.

DocuSign supports those mainly through some interop connections where, for example, a qualified signature vendor provides an API that DocuSign can use to sign the document.

Re:Show HN: OpenSign – The open source alternative to DocuSign by alexopensource on Saturday October 28, 2023 @06:42PM (#38054089)
You are right, that is precisely the route we will also have to take for certain regions. For example in India, there are only 3 entities that are authorized by the government to enable Aadhaar based e-signature. We will have to integrate with any of those in order to be compliant. We have already started working in this direction.
Re:Show HN: OpenSign – The open source alternative to DocuSign by xvilka on Saturday October 28, 2023 @08:55PM (#38054898)
Similar approach would be for signing documents in China.
Re:Show HN: OpenSign – The open source alternative to DocuSign by 2Gkashmiri on Sunday October 29, 2023 @12:17AM (#38055782)
More than aadhar enabled signatures, India has pfx based digital signature system in place which is legally acceptable as good as a physical hand signature.
Re:Show HN: OpenSign – The open source alternative to DocuSign by Isthatablackgsd on Saturday October 28, 2023 @07:55PM (#38054594)
There is one state agency in USA that requires wet black ink for contracts. I forgot which state it is, this happened two years ago. They said no expectations, it have to be wet black signature, period. They will inspect the PDF to check the signature that it is not e-signed.

It was odd because I handled federal and state contracts in previous job, they don't have a problem with e-signature.

Re:Show HN: OpenSign – The open source alternative to DocuSign by candiddevmike on Saturday October 28, 2023 @05:37PM (#38053625)
AFAIK DocuSign acts as a trusted third party and protects/prove chain of custody. Think of them like a digital notary public.
Re:Show HN: OpenSign – The open source alternative to DocuSign by alexopensource on Saturday October 28, 2023 @05:43PM (#38053666)
Our understanding is that DocuSign does not have any legal authority, they prove the chain of custody/modifications using digital traces which our solution can also do, arguably in a more open way.
Re:Show HN: OpenSign – The open source alternative to DocuSign by ncallaway on Saturday October 28, 2023 @06:39PM (#38054056)
One think that I think they provide (as opposed to the self hosted version) is just the fact of being a relatively neutral third party.

If there’s a dispute over the veracity of a signature, it’s probably helpful to have a third party say “according to our server logs and software stack, this was signed by [email protected] at 12:41pm on August 3rd, from the IP address XX.XXX.XXX.XX, and they authenticated with their email and password”. If I’m self-hosting, it’s marginally less convincing when I’m before a court if I say *my* software stack says that, since I have more direct control over it.

So, I agree DocuSign doesn’t have a special status, other than being a relatively neutral third party to that dispute. But if a signature’s validity is being questioned, that third party status is probably somewhat helpful.

Re:Show HN: OpenSign – The open source alternative to DocuSign by rubberband on Saturday October 28, 2023 @10:40PM (#38055440)
Late to the party here, but I deal in this space all day. You are 100% correct.

Disputes over eSignatures come up allllll the time. And if you mention that it was "DocuSigned"... although you have done nothing aside from name-dropping... it will essentially end the dispute. Not saying that it should. Just saying that it does.

Re:Show HN: OpenSign – The open source alternative to DocuSign by alexopensource on Sunday October 29, 2023 @03:15AM (#38056443)
Hopefully people will say “OpenSigned” one day and it will have the same impact.
Re:Show HN: OpenSign – The open source alternative to DocuSign by ncallaway on Sunday October 29, 2023 @11:14AM (#38059327)
I think that could be possible for your hosted offering, but my point is largely that I don’t see how the self-hosted offering could ever get there.
Re:Show HN: OpenSign – The open source alternative to DocuSign by benatkin on Saturday October 28, 2023 @06:31PM (#38054004)
Yes, making a mill for supposedly trusted third parties, over having an actual trusted third party, is a more open way.

Edit: I suppose in all except the free self hosted one, OpenSign would be the trusted third party, which I guess is more plausible. Unless the paid customers are given something close to root to administrate them. Still, a trusted third party is generally based on recognition. Even if I really dislike a company I eventually acknowledge they're trusted if it lasts long enough, like with ID.me. I didn't use ID.me until it was required for logging into the IRS and now I grudgingly admit that I think it's an extra security check on logging in. So until you're big like DocuSign I wouldn't view you in quite the same way as a trusted third party.

That does bring a question, are your paid customers prevented from going under the hood in such a way that they would also have to be trusted at such a level along with OpenSign?

--

This to say I'm open to using OpenSign, because there are plenty of uses where I would be open to using something that doesn't have this "trusted third party at the level of DocuSign" feature.

Re:Show HN: OpenSign – The open source alternative to DocuSign by alexopensource on Saturday October 28, 2023 @06:47PM (#38054141)
Great insights. The hosted version functions in a more or less same way as DocuSign with an added advantage of knowing what the code is doing under the hood. We dont intend to provide root/admin privileges as its going to be a multi-tenant system at the end of the day.
Re:Show HN: OpenSign – The open source alternative to DocuSign by benatkin on Saturday October 28, 2023 @09:56PM (#38055235)
Ah, I see. A multi-tenant system makes sense, I was thinking it might be closer to managed hosting. With managed often people have root or close to it. Just make sure people understand that it’s a multi-tenant system where the customers don’t have access to do anything which would make it less secure, unless they’re using the self-hosted version. And when you grow, maybe there will be an enterprise self-hosted and/or managed hosting version where the customer needs to be trusted to provide security. That would be appropriate with some potential customers.

So that leaves the challenge of becoming a well known trusted third party, which is a challenge but doable.

Re:Show HN: OpenSign – The open source alternative to DocuSign by toomuchtodo on Saturday October 28, 2023 @05:49PM (#38053717)
Electronic signatures legally recognized in the United States are provided for in the Electronic Signatures in Global and National Commerce Act (“ESIGN”) and state and territory versions of the Uniform Electronic Transactions Act (“UETA”).

These are the regulations you’ll want to adhere to in order to provide parity with digital signature authority of traditional commercial providers (in the US at least).

Great work btw!

(Not an attorney, not your attorney, but happy to chip in fiat so you can consult with counsel and obtain an opinion letter from one in support of your project)

Re:Show HN: OpenSign – The open source alternative to DocuSign by alexopensource on Saturday October 28, 2023 @05:55PM (#38053755)
Saved the info in my notes. Will discuss it with our counsel in the next meeting. Thanks :)
Re:Show HN: OpenSign – The open source alternative to DocuSign by ncallaway on Saturday October 28, 2023 @06:42PM (#38054094)
UETA has been substantially adopted by 49 states. The state of New York has their own statute.

So, if you look at e-sign, UETA, and NY’s Electronic Signatures and Records Act, then you have fairly comprehensive coverage across the US.

Also not an attorney, and this is also definitely not definitive legal advice!

Re:Show HN: OpenSign – The open source alternative to DocuSign by figassis on Saturday October 28, 2023 @06:21PM (#38053945)
Wouldn’t it be amazing, since e signatures have been around for ages, that governments just published the requirements for legally binding digital signatures rather than ask each maker to go talk to them and get some obscure license or blessing?
Re:Show HN: OpenSign – The open source alternative to DocuSign by amolshejole on Saturday October 28, 2023 @06:39PM (#38054062)
Yeh, its already happening in a lot of regions across the world. We see a future that will have more open standards, it is precisely the reason we are working on this solution now.
Re:Show HN: OpenSign – The open source alternative to DocuSign by jeron on Saturday October 28, 2023 @07:50PM (#38054566)
How else will DocuSign have a moat??
Re:Show HN: OpenSign – The open source alternative to DocuSign by eKIK on Saturday October 28, 2023 @11:16PM (#38055570)
In the EU this is actually the case since 2016. There's this regulation called eIDAS (electronic IDentification, Authentication and trust Services).

Article 26 (linked below) describes the requirements for an electronic signature to be legally binding.

https://www.eid.as/#article26 https://en.m.wikipedia.org/wiki/EIDAS

Re:Show HN: OpenSign – The open source alternative to DocuSign by saled on Saturday October 28, 2023 @06:52PM (#38054184)
You know that there's nothing stopping an open source project funded as a not for profit from doing the same thing right?

If something is hard, that's an argument for making a standard not for profit version of it, so it becomes a common good instead of platform rent seekers keeping out competition by saying it's "too hard".

Re:Show HN: OpenSign – The open source alternative to DocuSign by nonethewiser on Saturday October 28, 2023 @08:00PM (#38054617)
How do you personally differentiate between “rent seeking” and running a business?
Re:Show HN: OpenSign – The open source alternative to DocuSign by kurthr on Saturday October 28, 2023 @08:12PM (#38054698)
Not the OP, and this isn't something I'm dramatically invested in, but...

Rent seeking would be designing a product for collecting rent (not a one time payment) for a product (e.g. SaS) that doesn't wear out or has separate maintenance costs. Like a house that is rented the value comes from the income stream and it likely is adjusted by something like inflation.

Not renting would be selling a product for a one time fee, perhaps even if there are many customers (you still get to play ticket pricing games like the airlines so different people pay different amounts at different times, but not as variable as rent). Making the product non-transferable blurs the rent line a bit. Also not rental is the maintenance or improvement on the product (or the house) since that is new work that is being done.

It used to be that only physical objects were rented and services were inherently work and required new effort/ingenuity to be solved each time. However, with the introduction of art reproduction (visual, audio, physical) and copyright/patent, as well as, non-perpetual licensing of software this is no longer the case. It's possible to hold a piece of intellectual property and collect perpetual rent with little or no future investment.

It does create a different incentive structure that can be quite customer hostile.

Re:Show HN: OpenSign – The open source alternative to DocuSign by robertlagrant on Saturday October 28, 2023 @08:40PM (#38054837)
Rent seeking is trying to create a legal/regulatory structure that means you can farm people. E.g. coming to the UK from some countries you need to prove you can speak English. Assuming you can, and you need a waiver on the test, there is a sole organisation you can pay hundreds of pounds to to send them your degree certificate, and for them to say in some government UI "yes, this probably means they can speak English".

It's not just general and optional recurring payments.

Re:Show HN: OpenSign – The open source alternative to DocuSign by kurthr on Sunday October 29, 2023 @03:59AM (#38056635)
Regulatory lock-in is certainly one method of guaranteeing rent. I'd argue copyrights and patents are as well. Microsoft and Google get accused of rent seeking because of their near monopolies, but I don't think most of their income is particularly based on regulation. You find other forms of lock-in can come from network effects in social media (Facebook), or B2B lock-in due to outsourcing of basic business operations (IBM, Oracle, Salesforce).
Re:Show HN: OpenSign – The open source alternative to DocuSign by robertlagrant on Sunday October 29, 2023 @06:53AM (#38057364)
I think the accusations can be divided into several categories:

- actual rent-seeking (as you say, not really true for companies such as Microsoft and Google, except where you see e.g. government documents needing to be submitted in Word. But that's very likely incompetence on behalf of the bureaucracy rather than Microsoft)

- having a dominant market position due to having a very high quality product, or set of products that work together well

- a random grudge phrased as rent-seeking, because the Twitter user in question doesn't know what rent-seeking is, but has seen their friends accuse companies of it

I don't know what the proportions are, but I suspect the former is minimal to nonexistent for e.g. Google.

Re:Show HN: OpenSign – The open source alternative to DocuSign by nonethewiser on Saturday October 28, 2023 @08:18PM (#38054729)
You mean a SAS? The monthly payment goes towards support, maintenance, and further development. Or you could rebuy essentially the same thing every couple years.
Re:Show HN: OpenSign – The open source alternative to DocuSign by kurthr on Sunday October 29, 2023 @04:01AM (#38056643)
I meant a SaaS, but mistyped it.
Re:Show HN: OpenSign – The open source alternative to DocuSign by hotnfresh on Saturday October 28, 2023 @08:32PM (#38054793)
Re:Show HN: OpenSign – The open source alternative to DocuSign by paulryanrogers on Saturday October 28, 2023 @08:09PM (#38054681)
When it's 'done' and you keep collecting money, without adding additional value?

Like a slumlord who collects rent and does nothing to even maintain the property. Except perhaps vote down YIMBY reforms.

Re:Show HN: OpenSign – The open source alternative to DocuSign by tiahura on Saturday October 28, 2023 @06:59PM (#38054252)
You are incorrect. I'm not familiar with any law that requires Docusign in any jurisdiction in which I practice.

The Federal Esign Act provides: 15 USC 7006(5):

The term “electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.

Re:Show HN: OpenSign – The open source alternative to DocuSign by Sebguer on Saturday October 28, 2023 @07:36PM (#38054495)
You're misreading OP, they're not saying anything about law requiring Docusign, they're saying that Docusign has invested in meeting the law.
Re:Show HN: OpenSign – The open source alternative to DocuSign by SoftTalker on Saturday October 28, 2023 @07:59PM (#38054612)
AFAIK, anything that is intended to be a signature, is a signature. This can be a hand-drawn "X", a signed name, a typed name, a fingerprint, a rubber stamp, clicking "I Agree" checkboxes, etc.
Re:Show HN: OpenSign – The open source alternative to DocuSign by kemitchell on Saturday October 28, 2023 @08:12PM (#38054695)
I haven't researched the law here in a while, but my general impression the last time I did was that there isn't much in the way of legal requirements for signing things digitally beyond the federal ESIGN Act, general principles of state contract law, and the smattering of very particular kinds of transactions that require processes like notarization or recording. For everyday deals between the vast majority of people and companies, it really comes down to whether what the e-sign collects and saves will be available and convincing down the line, when there's a dispute.

When dealing with government entities, you may run into policies of those entities that require use of a pre-approved service. For example: https://www.sos.ca.gov/administration/regulations/current-re...

All that said, I have both implemented electronic signature in my own software and reliably recommended clients running sales ops just buy DocuSign. Familiarity and credibility can matter way more than legal or technical details...or not at all.

Re:Show HN: OpenSign – The open source alternative to DocuSign by Projectiboga on Saturday October 28, 2023 @09:16PM (#38055017)
Supreme Court said you can agree to things online awhile ago.
Re:Show HN: OpenSign – The open source alternative to DocuSign by jacurtis on Sunday October 29, 2023 @12:11AM (#38055756)
Nothing in the American legal system is that straightforward and simple, even less so among our Supreme Court. Things got even more confusing now that this year the Supreme Court has set a new precedent that they can now overturn their own rulings from decades earlier.

While I think that’s generally true that online signatures are acceptable in most circumstances, I’d be careful to blindly believe it as a blanket statement.

Re:Show HN: OpenSign – The open source alternative to DocuSign by vitus on Sunday October 29, 2023 @12:33AM (#38055822)
> this year the Supreme Court has set a new precedent that they can now overturn their own rulings from decades earlier

What happened this year specifically?

Dobbs was in June 2022, but that isn't even close to the first time that the Supreme Court overturned precedent from 50+ years prior -- Brown v Board largely overturned Plessy v Ferguson ("separate but equal") from nearly 60 years prior.

And, we've had plenty of Supreme Court precedents overruled since the 19th century. According to Congress: https://constitution.congress.gov/resources/decisions-overru...

(Most of those never rose to the level of landmark decisions, but Plessy certainly did.)

Re:Show HN: OpenSign – The open source alternative to DocuSign by otteromkram on Sunday October 29, 2023 @04:38AM (#38056780)
Roe v. Wade
Re:Show HN: OpenSign – The open source alternative to DocuSign by quickthrower2 on Sunday October 29, 2023 @06:25AM (#38057236)
That is covered by the comment you replied to
Re:Show HN: OpenSign – The open source alternative to DocuSign by rs999gti on Sunday October 29, 2023 @01:07PM (#38060543)
I would blame the congress more than the supreme court for Roe being overturned.

The legal precedent was made in the initial supreme court ruling, all someone needed to do in the legislature is codify it into law.

But no, laziness and re-electabilty on both sides, led to the ruling being overturned in the second examination of Roe.

Re:Show HN: OpenSign – The open source alternative to DocuSign by Guvante on Sunday October 29, 2023 @11:17AM (#38059352)
Eliminating separate but equal was based on the evidence of how that statue was used.

Eliminating abortion protections was based on "we don't think the founders meant that" which is a form of consideration never before used.

This kind of test is effectively in the eye of the beholder. You can say whatever you want and disproving it requires Goldilocks evidence.

You can't talk about the case law the American system was based on even if it was adopted wholesale and unchanged. You can't talk about the intervening decades and how the legal system handled things.

You need to basically quote the founding fathers talking about a specific topic or the Supreme Court can say "no I disagree" and overrule you.

Re:Show HN: OpenSign – The open source alternative to DocuSign by vitus on Monday October 30, 2023 @06:50PM (#38077045)
> Eliminating abortion protections was based on "we don't think the founders meant that" which is a form of consideration never before used.

Textualism and originalism have been in play for decades -- off the top of my head: 2008's DC v Heller basically codified today's broad interpretation of the second amendment's protections.

I don't personally agree with the decisions (among other things, the resulting patchwork application of laws has meant that your access to abortion is dependent on how strong your state's Democratic bent in the statehouse(s) is), but it's not novel to the past decade, even. The only new development from the past 5-10 years is the presence of 5 votes on the court willing to overturn Roe's long-standing precedent.

Re:Show HN: OpenSign – The open source alternative to DocuSign by Guvante on Monday October 30, 2023 @10:10PM (#38079296)
Wasn't DC v Heller ghost written by the same group as Dobbs? (not literally but guided in a similar fashion)

Of course it is similar it was a test bed to pull this.

At least DC v Heller could point to actual facts to back up it's interpretation. Dobbs just dances around the idea saying "we believe" a lot and super focusing on the Supremacy clause in a way not seen in... I couldn't even say how long ago it was that the SC said it couldn't restrict something in that way.

Re:Show HN: OpenSign – The open source alternative to DocuSign by vitus on Tuesday October 31, 2023 @08:06AM (#38083500)
> Wasn't DC v Heller ghost written by the same group as Dobbs? (not literally but guided in a similar fashion)

What, the Federalist Society? In as far as the last three justices willing to overturn Roe were hand-selected by them, yes, but there was little doubt that any of them would vote to overturn Roe even before their confirmations.

> At least DC v Heller could point to actual facts to back up it's interpretation. Dobbs just dances around the idea saying "we believe" a lot and super focusing on the Supremacy clause in a way not seen in... I couldn't even say how long ago it was that the SC said it couldn't restrict something in that way.

On one hand, there's a difference between who authored those opinions (say what you will about Scalia, but his application of originalism didn't have as clear of a partisan bent). On the other, there was clearly an effort to thread the needle such that both Thomas (who wanted Dobbs to go so much further) and Roberts (who has started to think about his court's legacy and its public perception) were willing to sign onto said opinion.

I suspect we would have had the same style of opinions 5 years ago if it had been Ginsburg instead of Scalia who passed away in 2016.

Re:Show HN: OpenSign – The open source alternative to DocuSign by Guvante on Tuesday October 31, 2023 @10:40AM (#38085582)
Wasn't Originalism brought to Roberts decades ago by right leaning groups trying to push him towards more explicitly Conservative rulings?

I am not saying he is partisan but it is hard to say he is neutral when Originalism has been used as a hammer to eliminate Liberal ideas like "maybe we shouldn't regulate modern guns used to kill dozens like muskets" or "what right does the state have over what health care a woman chooses with regards to the most dangerous thing she will do in her life".

Re:Show HN: OpenSign – The open source alternative to DocuSign by vitus on Tuesday October 31, 2023 @08:21PM (#38093132)
Yeah, originalism isn't particularly new.

I'm not saying Roberts is actually neutral, for what it's worth. He just doesn't want his court to be seen as particularly partisan. He and Kavanaugh are just the closest we have to the center of the current court.

Re:Show HN: OpenSign – The open source alternative to DocuSign by dataviz1000 on Sunday October 29, 2023 @04:20AM (#38056716)
Click wrap is binding.
Re:Show HN: OpenSign – The open source alternative to DocuSign by anonymous_sorry on Sunday October 29, 2023 @05:24AM (#38056959)
Does this hold true in the rest of the world?
Re:Show HN: OpenSign – The open source alternative to DocuSign by 3c6bYDXLMj on Sunday October 29, 2023 @05:38AM (#38057017)
I am in Australia and the situation is largely the same.
Re:Show HN: OpenSign – The open source alternative to DocuSign by dubcanada on Sunday October 29, 2023 @06:28AM (#38057252)
Canada you can use what ever you want, and it also includes things like "doing activities". Like if you click an "approve" button that can be considered a signature.
Re:Show HN: OpenSign – The open source alternative to DocuSign by FuriouslyAdrift on Sunday October 29, 2023 @11:19AM (#38059371)
Remote online notary services (DocuSign is one) has a TON of legal and regulatory requirements, for obvious reasons.

https://www.nationalnotary.org/knowledge-center/remote-onlin...

Re:Show HN: OpenSign – The open source alternative to DocuSign by calvinmorrison on Saturday October 28, 2023 @09:38PM (#38055125)
Close, the whole point of docusign is to avoid all of that by, one, paying docusign to solve those problems, and two because docusign is a "neutral" 3rd party who has good housekeeping records compared to "Opensign" where a self hosted sleazy hacker may decide he wants to fudge the datestamps on the signatures etc.
Re:Show HN: OpenSign – The open source alternative to DocuSign by rubberband on Saturday October 28, 2023 @10:55PM (#38055493)
Your overall understanding is correct. People pay DocuSign to "think" of everything for them (which is not at all bad, it just comes at a cost). Depending on the space, you have to deal with crazy laws that no one in their right mind would know about (nor think to even consider).

Essentially, "no one ever got fired for signing with DocuSign" (play on IBM).

I'm late to the party here, but if the authors want real world examples, please reach out.

Re:Show HN: OpenSign – The open source alternative to DocuSign by alexopensource on Sunday October 29, 2023 @01:42AM (#38056065)
You are right. But there are many Individuals/companies who cannot benefit from DocuSign's trust because of the price tag. We want to provide them the free/ open source option and during the process build a brand that is equally trusted if not more than DocuSign.
Re:Show HN: OpenSign – The open source alternative to DocuSign by victop on Sunday October 29, 2023 @04:38PM (#38062538)
Not OP, but would love to see those real world examples.
Re:Show HN: OpenSign – The open source alternative to DocuSign by thathndude on Saturday October 28, 2023 @11:00PM (#38055519)
Lawyer here. Not legal advice. Really not that much by way of law to consider. If everyone agrees that an E-signature is good, then, generally speaking, an e-signature is good. I’d suggest it’s more on the people actually drafting the documents being signed than the software layer facilitating.
Re:Show HN: OpenSign – The open source alternative to DocuSign by alexopensource on Saturday October 28, 2023 @11:50PM (#38055698)
True. The number of people thinking an E-signature is good is only increasing day by day.
Re:Show HN: OpenSign – The open source alternative to DocuSign by menzoic on Sunday October 29, 2023 @12:55AM (#38055881)
I think by everyone they meant everyone involved in the contract being signed
Re:Show HN: OpenSign – The open source alternative to DocuSign by ildon on Sunday October 29, 2023 @01:52AM (#38056108)
Lawyer here as well, but from Europe. Here the same is true, unless the government is involved.

Documents from/to any agency, including anything that has any tax relevance, - generally speaking (there are many caveats) - shall be signed with services compliant with the e-signature standards provided by Regulation 2014/910/EU (in short: PADES, CADES, XADES).

Out of curiosity: is there a similar requirement in terms of e-signature in the US when documents need to be sent to some agency, such as the IRS?

Re:Show HN: OpenSign – The open source alternative to DocuSign by graemep on Sunday October 29, 2023 @03:26AM (#38056481)
Not a lawyer, but I know the position in the UK is pretty simple and much the same.

The purpose of someone like Docusign is to provide a trusted third party to provide evidence.

For most purposes GPG signed email (or anything else with a similar signature) would work perfectly well provided you could prove who the keys belong to. In fact it would be better than DOcusign who can (from the few documents I have signed) ultimately only really show they sent an email with a signing link to your email address.

The last one from them has a warning:

"Do Not Share This Email This e-mail contains a secure link to DocuSign. Please do not share this e-mail, link or access code with others."

Re:Show HN: OpenSign – The open source alternative to DocuSign by dlandau on Sunday October 29, 2023 @03:58AM (#38056629)
For most purposes a normal email with no signatures is fine too.
Re:Show HN: OpenSign – The open source alternative to DocuSign by tomatocracy on Sunday October 29, 2023 @01:34PM (#38060793)
Not a lawyer but I do deal with contracts under English law day in day out for my day job.

Docusign always saves the IP addresses and timestamps for any signatures. In addition it can be set up to require 2FA prior to accepting a signature - eg our lawyers will set it up to require an SMS 2FA confirmation and I've heard them say that this is a hard requirement for deeds as opposed to simple contracts (tho whether that's down to law firm policy, Docusign policy or court precedent I don't know).

Re:Show HN: OpenSign – The open source alternative to DocuSign by fulafel on Sunday October 29, 2023 @03:25AM (#38056478)
Depends on the jurisdiction and your definition of "hard" - in the EU there's some kind of qualification process by the regulators but the system is supposedly design to encourage competition and be open to new providers, and it's enough to be approved by one country's regulators I think.
Re:Show HN: OpenSign – The open source alternative to DocuSign by NoboruWataya on Sunday October 29, 2023 @07:45AM (#38057614)
You're getting a lot of responses to the effect that there aren't really any laws that require particular formalities to sign contracts, and while this is true in the "normal case" in many jurisdiction, there certainly are some categories of document that have more specific signing requirements. In most common law jurisdictions, for example, certain agreements must be signed as deeds which require certain formalities to be observed, and without enabling legislation it's not always easy to square these formalities with electronic signatures.

https://en.wikipedia.org/wiki/Deed

Re:Show HN: OpenSign – The open source alternative to DocuSign by tiansu_yu on Tuesday October 31, 2023 @04:54PM (#38091239)
Note that DocuSign does not automatically provide this as well in Europe. For example, in Germany, digital signature is not legal at all. So for every occasion, DocuSign is mainly used as a binding in a nonlegal way (for example, employee and employer agreed on paper that there will be a contract). But until both of you signed a physical copy, this is not legally binding at all.