Professor Miller is George Lynn Cross Research Professor and Kenneth McAfee Centennial Professor at the University of Oklahoma College of Law. He also is Executive Director of the National Conference of Commissioners on Uniform State Laws (NCCUSL), the organization that prepared the Uniform Electronic Transactions Act (UETA).

These are 74 Okla. Stat. §§ 85.5 and 5060.50 and 75 Okla. Stat. §§ 251 and 309, relating to government records and administrative proceedings, 13 Okla. Stat. § 176.2, dealing with crimes, and 63 Okla. Stat. § 1-722, dealing with medical matters. These statutes should be construed consistently with UETA.

Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the conduct of the parties. 12A Okla. Stat. § 15-105(b). For example, if an automaker and a supplier enter into a trading partner agreement setting forth the terms, conditions and methods for the conduct of business between them electronically, there is agreement. However, if a person gives out his or her business card with an e-mail address on it, it may be reasonable under all the circumstances for a recipient of the card to infer agreement to communicate electronically for business purposes, but, absent additional circumstances, it would not necessarily be reasonable to infer agreement to communicate electronically for other purposes. By the same token, if an automaker issued a recall notice via its Internet website, it would not be able to rely on this act to validate that notice as to customers who had never logged on to the website, notwithstanding a clause in the paper purchase contract whereby the customer agreed to receive notices in such manner. Official Comments 4 and 5 to 12A Okla. Stat. § 15-105.

See 12A Okla. Stat. §§ 1-9-102(a)(11) and (31), and 1-9-105.

This section is a stand-alone provision; it does not amend UCC Articles 3 and 7. The nature of the property created is determined by other law. For example, for UCC Article 9 purposes, an electronic note, governed by this section and Article 9 if involved in a secured transaction, might be an “account” or a “payment intangible.” Official Comment 6 to 12A Okla. Stat. § 15-116.

There are additional exceptions in E-sign for laws governing wills, codicils and testamentary trusts (compare 12A Okla. Stat. § 15-103(b)(1)), family law (but UETA may apply to the extent a “transaction” is involved and there is agreement to conduct it electronically), and for court orders or notices and other important notices such as a product recall (but, again, UETA may override to the extent there is agreement to conduct a “transaction” electronically). E-sign § 103(a)(1) and (2) and (b). See Official Comment 12 to 12A Okla. Stat. § 15-102.