RE: [legalxml-enotary] Example - Authenticating Request For Servi ce

[John Messing <jmessing@law-on-line.com>]

Please view comments inline.

[Pieter Kasselman]
>	As for e-Notary, we seem not to be concerned with question one (i.e.
>we are not trying to define what a notarised document should look like). Is
>that correct? Are we looking to come up with a single equivalent of CPS/CP
>for e-Notaries?
>
>> [Pieter Kasselman]
>> 
>> > So you are proposing that this TC defines the requirements by
>> > which any e-notary process is judged, rather than specifying what an
>> > e-notarized document looks like or how that document is generated and
>> > processed (processed in the machine sense as opposed to the processes
>> > surrounding the practices of the e-notary)?
>> >

[John Messing]

I think one of the questions we may wish to consider is whether there is a need to be docu-centric, and if we decide such a needs exists, then we should articulate what legal process e-notarized documents need to conform to.

I don't think we should be looking to base more than rudimentary thinking by way of analogies to CP/CPS.

To my way of thinking however, and I think this was the unanimous agreement of the last meeting, eNotarization involves a determination about legal admissibility of information that has undergone a machine process to ensure verification, which itself has been determined to be suitable for legal proceedings and purposes. If a type of process has an eNotarization component of X, then a process which fully meets X can expect that its data will survive a legal challenge in the absence of any other controverting data. This could become important for example to the developing XML infrastructure within Oasis. If a WSS process could be said to require a particular eNotarization level of reliability for high value transactions, and another for low value transactions, and it is certified by a trusted certification body as meeting both, then that tells a lot to a potential purchaser of the technology in terms of how the resulting output of the process may be viewed in the event of dispute, even disputes that go to cou


That to me is a very important contribution this group can make at this particular time.

Best regards.