A look back: the first electronic signature

In 1869, the New Hampshire Supreme Court reviewed the case of Howley v. Whipple , which concerned a contract created and signed using Morse code over a telegraph line.

The court ruled that the sender's name transmitted via telegraph counted as a valid signature. Whether written with a "steel pen or a copper wire a thousand miles long," the court said, the legal intent remained the same.

This was a revolutionary decision for its time. The technology was simple: Morse code, copper wires, and a person typing their name into a telegram. The document was a business contract; the signers were businessmen with clear commercial intent, transmitted by a telegraph operator.

Early recognition of electronic signatures

Howley v. Whipple wasn't a one-off. Courts in the U.S. and U.K. recognized signatures sent by telegraph, telephone, and later fax (remember those?) as legally binding.

What mattered most was the intention to sign and the connection between the signature and the document — not the medium used.

Legal milestones: U.S. and EU

The electronic signature landscape was formally shaped in the late 1990s:

• 1999 (U.S.): The Uniform Electronic Transactions Act (UETA) established the legal validity of e-signatures.
• 2000 (U.S.): The Electronic Signatures in Global and National Commerce Act (E-SIGN Act) was signed into law by President Bill Clinton, using both ink and a smart digital card.
• 1999 (EU): The first EU Directive on Electronic Signatures introduced categories of e-signatures .
• 2014 (EU): The eIDAS Regulation unified rules across EU member states, covering digital identity and trust services, such as e-signature.

Technology evolution: from telegraph to cryptography

Telegraphs could transmit names. Faxes could send ink images. But modern e-signatures rely on cryptographic security.

The foundations of public key cryptography (PKI) emerged in the 1970s. Today's e-signing solutions build on that, using:

• Qualified digital certificates
• Identity verification methods
• Timestamping and integrity seals
• Detailed audit trails

This ensures that only the intended signer can access and sign the document – securely and verifiably.

Unlike the telegram, today's e-signatures are compliant, verifiable, and valid across borders.

What type of signature was the 1869 telegram?

According to eIDAS, there are three types of e-signatures:

• Simple Electronic Signature (SES): basic to use, no identity verification — think typed name in an email;
• Advanced Electronic Signature (AES): created under the signer's sole control, can identify the signer, and is tamper-evident;
• Qualified Electronic Signature (QES): built on AES, but includes a qualified certificate from a certified trust provider and a secure device (smart card, USB token, SIM, or cloud-based signing).

By today's standards, the telegraph signature would count as a Simple Electronic Signature. It demonstrated intent, but lacked document integrity and robust signer identification.

Still, it laid the groundwork for the entire concept of electronic signatures.

From copper wires to cloud security, from Morse code to cryptography, e-signatures have come a long way. What started with a wire and a click has evolved into a secure, compliant digital trust ecosystem.

The principle remains the same: trust begins with intent — but today, it's protected by powerful technologies and regulated standards.

Modern platforms like the region-leading BetrSign continue this journey by providing digital signing solutions that are fast, secure, and fully compliant.

Try BetrSign for free or book a personalized demo with our experts.