Authentication of recorded evidence

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

In addition to XML markup for a jurat, certificate or acknowledgement,
the TC may wish to consider markup for a certification of other
contemporaneous methods that were used to authenticate a signer. The
NNA's Enjoa product attempts to record biometric and/or photographic
evidence of a signer at the time that an enotarization takes place.
This could be broadened to include various other types of
contemporaneous evidence that might be helpful, such as photographic,
biometric, audio or video. Such collection methods may require special
authentication to be proven to a court before the captured data will be
considered suitable as evidence. One list of legal requirements from
federal caselaw that might be considered suitable for inclusion for
such purposes even where legal requirements are stringent could include
the following topics:

1. Whether the device was capable of memorializing the contemporaneous
digital information that is offered in evidence.

2. Whether the operator of the device was competent to operate it.

3. Whether the data is authentic and correct

4. Whether the data has been properly preserved in a manner that is
shown to the court.

5. Whether the participants are identified.

8. Whether the captured data was provided voluntarily and in good faith,
without any kind of inducement.