E-Signature

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General Information

In 2004 FHWA issued direction that according to the Code of Federal Regulation,29 CFR 3.3 Part 5 Federal Contract Law Provisions electronic signatures are defined as a computer data compilation of any symbol or series of symbols executed, adopted, or authorized by an individual to be the legally binding equivalent of the individual's handwritten signature. Read FHWA Direction on Electronic Signatures A specific type of electronic signature is digital signatures. Digital signatures are defined as an electronic signature based upon cryptographic methods of originator authentication, computed by using a set of rules and a set of parameters such that the identity of the signer and the integrity of the data can be verified.

An entity such as a computer user can be assigned a unique digital identification. This digital identification is composed of a public key, a private key, and a digital certificate. As their names suggest, the public key should be shared amongst users who wish to carry out transactions amongst themselves, while the private key should be only known by its user. The digital certificate is used within a public-key infrastructure to allow a third-party certificate authority to verify that the digital certificate is correctly associated with that particular public key.

As public keys are shared amongst a group of users, someone’s public key can be used to encrypt a document and their respective private key can be used to decrypt that document. Confidentiality and data integrity of the sent document can be practically guaranteed assuming if the recipient is the only one who knows their private key. Similarly, someone’s private key can be ‘embedded’ into a document to constitute an electronic signature, and the identity of the electronic signature may be verified by using that user’s public key.

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Adoption at MDOT and Acceptable Uses

The Michigan Attorney General’s office, in concurrence of the Federal Highway Administration, issued a decision in 2011 authorizing the Michigan Department of Transportation (MDOT) to use and accept digital signatures.

The Department approved process is to use the OneSpan Sign ID Verification & Acceptance Electronic signature Solution (OneSpan), and OneSpan Sign Mobile Applications for document signing processes. More information regarding OneSpan digital signature can be found here: MDOT Digital Signature Program.

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Guidance for Non-MDOT Users

External user guidance can be found in the MDOT special provision for Construction Document Management 20SP-104C-02 and on the MDOT digital signature website: MDOT Digital Signature Program.

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