Charter for LegalXML eNotarization Technical Committee in the LegalXML Member Section of OASIS
(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.
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