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Very much alive and well, often codified as "statute of frauds and perjuries", listing the types of agreements that cannot be enforced without "written" evidence that the agreement exists, not to mention its specific terms.

New questions of fact and law arise when electronic transactions are evidenced only by computerized records, which may be susceptible to tampering by third parties, or later modifications by one or more parties. This has created a new market for extremely secure and reliable communication and data storage means (e.g., asymmetric encryption systems).

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