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LegalXML eNotarization TC


Date:      Mon, 29 Jul 2002 08:21:10 -0400
From:      Karl F. Best <karl.best@oasis-open.org>
To:        members@lists.oasis-open.org, tc-announce@lists.oasis-open.org,
Subject:   OASIS TC Call For Participation: LegalXML eNotarization TC

A new OASIS technical committee is being formed. The OASIS LegalXML eNotarization Technical Committee has been proposed by the following members of OASIS: Manoj Srivastava, Infomosaic Corporation; Pieter Kasselman, Baltimore Technologies; Charles Gilliam, ContentGuard; Don Bergeron, Lexis-Nexis; and John Messing, Daniel J. Greenwood, and Rolly L. Chambers, Individual members.

The proposal for a new TC meets the requirements of the OASIS TC Process (see http://oasis-open.org/committees/process.shtml), and is appended to this message. The proposal, which includes a statement of purpose, list of deliverables, and proposed schedule, will constitute the TC's charter. The TC Process allows these items to be clarified (revised) by the TC members; such clarifications (revisions), as well as submissions of technology for consideration by the TC and the beginning of technical discussions, may occur no sooner than the TC's first meeting.

To become a member of this new TC you must 1) be an employee of an OASIS member organization or an Individual member of OASIS; 2) notify the TC chair, John Messing (jmessing@law-on-line.com) of your intent to participate at least 15 days prior to the first meeting; and 3) attend the first meeting on 19 September. You should also subscribe to the TC's mail list. Note that membership in OASIS TCs is by individual, and not by organization. You must be eligible for participation at the time you time you notify the chair.

The private mail list legalxml-enotary@lists.oasis-open.org is for committee discussions. TC members as well as any other interested OASIS members should subscribe to the list by going to the mail list web page at http://lists.oasis-open.org/ob/adm.pl, or by sending a message to legalxml-enotary-request@lists.oasis-open.org with the word "subscribe" as the body of the message. (Note that subscribing to the mail list does not make you a member of the TC; to become a member you must contact the TC chair and attend the first meeting as described in the preceeding paragraph.)

A public comment list legalxml-enotary-comment@lists.oasis-open.org will be available for the public to make comments on the work of this TC; the public may subscribe to this list by going to the mail list web page at http://lists.oasis-open.org/ob/adm.pl, or by sending a message to legalxml-enotary-comment-request@lists.oasis-open.org with the word "subscribe" as the body of the message.

The archives of both of these mail lists are visible to the public at http://lists.oasis-open.org/archives/

</karl>
Karl F. Best
OASIS - Director, Technical Operations
+1 978.667.5115 x206
karl.best@oasis-open.org http://www.oasis-open.org

Proposal for LegalXML eNotarization TC

The name of the Technical Committee is the OASIS LegalXML eNotarization TC

The specific purposes of this committee

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.

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.

Language in which the TC will conduct business

All business will be conducted in English.

Date and time of the first meeting

September 19, 2002 at 1700 hrs EDT. The meeting will be telephonic.

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.

Support

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, manoj@infomosaic.com, Infomosaic Corporation
Pieter Kasselman, pkasselman@baltimore.com, Baltimore Technologies
Daniel J. Greenwood, dang@mit.edu, Individual member
Rolly L. Chambers, rlchambers@justice.com, Individual member
Charles Gilliam, Charles.Gilliam@contentguard.com, ContentGuard.Inc.
Don Bergeron, Donald.Bergeron@lexisnexis.com, Lexis-Nexis
John Messing, jmessing@law-on-line.com, Individual member

TC chair

John Messing

Phone meeting sponsor

Lexis-Nexis will be the sponsor of the first call.

Face-to-face meeting sponsors

To be announced.

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.


Prepared by Robin Cover for The XML Cover Pages archive. See "Legal XML Working Group."


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Document URL: http://xml.coverpages.org/LegalXML-eNotarizationAnnounce.html