legalxml-sc — archive

[legalxml-sc] proposal for LegalXML eNotarization TC

From: Karl Best
To: [email protected]
Date: Mon, 22 Jul 2002 14:13:00 -0000

OASIS Board: I have received the attached proposal to create the LegalXML eNotarization TC. The proposal meets the requirements of the OASIS TC Process. Please let me know if you have any comments or concerns regarding this proposal. Unless there are concerns raised I will send out the Call For Participation next Monday. </karl> ================================================================= Karl F. Best OASIS - Director, Technical Operations +1 978.667.5115 x206 [email protected] http://www.oasis-open.org (i) The name of the Technical Committee is the OASIS LegalXML eNotarization TC; (ii) The specific purposes of this committee are: 1. to develop an agreed set of technical requirements to govern self-proving electronic legal information, crafted with particular attention to a. the historic policies and underlying legal doctrines governing admissible and inadmissible evidence in legal proceedings; b. the needs of legal documents suitable for real estate acquisitions and sales; wills and estates; c. the needs for stable and enduring document retention policies in light of electronic document and signature legislation; d. legal requirements for affidavits and interstate judgments and court orders; and e. legal requirements for related administrative documents such as automobile documents of title; 2. to determine the suitability of such existing or emerging standards as the W3C/IETF DSIG and other technologies to the requirements identified by the committee; 3. to abstract the common needs for self-proving electronic legal information, with particular emphasis on e-commerce and e-government over the Internet, from both Anglo-American and civil law jurisprudence; 4. to put into context the historic requirement of signature affixation in the physical presence of the notary traditional in the paper world; and 5. to produce a technical specification tailored to legal requirements which works in conjunction with other existing and emerging technical standards, particularly those being developed within the LegalXML initiative and the related work of other legal and administrative standards that have dependencies upon the legal enforceability of electronic documents and signatures. (iii) list of deliverables, with projected dates; 1. Within the first year of operation, to generate a General Requirements Document for an eNotarization 1.0 specification, DTD and/or Schema, which may include a. a proposed classification of legal evidentiary standards to be expressed in suitable XML syntax for both common law and civil law jurisdictions. This classification will consider existing and traditional statutes and jurisprudence. It will be applicable to identity determinations, evidentiary presumptions, burdens of producing evidence, burdens of proof and persuasion, self-authenticating documents and the respective functions of judges, jurors and similar fact-finders. It will assist in the legal analysis of electronic scientific information and similar and other pertinent legal issues, as determined by the Technical Committee; b. a proposed classification of core and derivative eNotarization functions to be met for electronically executed electronic documents; c. with regard to one or more specific technologies, a mapping of some or all of the features of the technology to the classifications and requirements identified by the Technical Committee; d. a ratings system to determine, within the classifications to be developed, the nature or suitability of a particular set of technology characteristics within the hierarchy of legal needs and solutions identified by the Technical Committee. 2. Generate subsequently an eNotarization 1.0 Specification, DTD and/or Schema based upon an approved General Requirements Document. 3. Reach a consensus on a definition for an interoperability testing between technologies and legal information systems for the eNotarization XML specification. 4. Receive and publish information about interoperability test results. (iv) Language in which the TC will conduct business; All business will be conducted in English. (v) Date and time of the first meeting, September 19, 2002 at 1700 hrs EDT. The meeting will be telephonic. (vi) The meeting schedule for the year: Technical Committee will hold at least one f2f per year and quarterly meetings via telcon or f2f. The schedule will be set at the first TC meeting. (vii) Names, electronic mail addresses, and membership affiliations of at least three persons eligible for OASIS Technical Committee Participation committed to the stated meeting schedule Manoj Srivastava, [email protected] Infomosaic Corporation Pieter Kasselman - [email protected] Baltimore Technologies Daniel J. Greenwood ([email protected]) Individual member Rolly L. Chambers, [email protected], Individual member Charles Gilliam - [email protected], ContactGuard.Inc. Don Bergeron - [email protected] Lexis-Nexis John Messing, [email protected], Individual member (viii) TC chair: John Messing (ix) Phone meeting sponsor: Lexis-Nexis will be the sponsor of the first call. (x) Face-to-face meeting sponsors: to be announced. (xi) Policies and procedures of the eNotarization Technical Committee The eNotarization Technical Committee will follow the operating rules of OASIS and any operating rules adopted by the LegalXML Member Section Steering Committee with the approval of OASIS management and the OASIS Board of Directors. In addition, the Technical Committee will abide by the following practices: 1. All decisions will be made by consensus. 2. All decisions made in face-to-face meetings will be subject to ratification or rejection by the full membership of the Technical Committee on the list serve. 3. All email discussions concerning the technical work of the Technical Committee and its subcommittees will take place on OASIS supported list serves. 4. One member of the Technical Committee and of each subcommittee will serve as ombudsman to monitor the public list for that entity and provide input from the public list to the committee and subcommittee discussions. 5. In no event shall this Technical Committee finalize or approve any technical specification if it believes that the use, distribution, or implementation of such specification would necessarily require the unauthorized infringement of any third party rights known to the technical committee, and such third party has not agreed to provide necessary license rights on perpetual, royalty-free, non-discriminatory terms.