Is a touch screen signature considered an electronic signature?

Question

I am dealing with an entity that is insisting that I need to print out a document, sign it, and then scan the signed document to get it as a PDF. Initially, I had pulled the document up on my tablet, signed it on the screen with a stylus, and had sent it back, but they insist that this is an electronic signature and that they need a real one.

Is there any legal backing as to why they need a convuluted physical signature when they are not recieving the physical document? Does a signature on a touchscreen constitute an electronic signature? The touchscreen version is still my signature, and looks like my physical signature. It is my understanding that an electronic signature is a symbol of some sort from the computer, like when you type your name in a styalized way.

This is in the United States and is a FERPA disclosure form.

Answer 1

The relevant regulation, 34 CFR 99.30, say that you "shall provide a signed and dated written consent", and

“Signed and dated written consent” under this part may include a record and signature in electronic form that—

(1) Identifies and authenticates a particular person as the source of the electronic consent; and

(2) Indicates such person's approval of the information contained in the electronic consent.

By using permissive "may" rather than "shall", the entity is allowed to reject electronic signatures. Because the regulation adds (1) and (2) but only for electronic signatures, I would assume that there is a somewhat higher standard to be met in the case of electronic signatures (and I assume that the entity makes similar assumptions). Since the regulation gives no further information on what is necessary to satisfy conditions (1) and (2), accepting an e-signature carries some increased risk. The appendix analyzing comments for this regulatory change does point to issues regarding authentication, which could well feed institutional concerns over unpredictable liability.