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LEGALLY ENFORCEABLE ELECTRONIC SIGNATURES: Old Myths and New Realities &/OR New Myths and Old Realities.

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Presentation on theme: "LEGALLY ENFORCEABLE ELECTRONIC SIGNATURES: Old Myths and New Realities &/OR New Myths and Old Realities."— Presentation transcript:

1 LEGALLY ENFORCEABLE ELECTRONIC SIGNATURES: Old Myths and New Realities &/OR New Myths and Old Realities

2 ENABLED BY LAW EULA (clickwrap) Federal EFILINGS (password) Patent and trademark office (s-sigs) GROCER CHECK OUT (graphic) Public Key infrastructure Atomic signatures EULA (clickwrap) Federal EFILINGS (password) Patent and trademark office (s-sigs) GROCER CHECK OUT (graphic) Public Key infrastructure Atomic signatures

3 CHOSEN EXTRINSICALLY Ueta & E-Sign Agreement of parties Ueta & E-Sign Agreement of parties

4 BASIS OF ALL ESIGS: logical association between identity and Undertaking (content) logical association between identity and Undertaking (content)

5 LOCI OF ASSOCIATIONS: 1.repository 2.Crypto Combos 1.repository 2.Crypto Combos

6 THE PURPOSE pointer to MORAL RESPONSIBILITY (intent): AUTHORSHIP REPRESENTATION PROMISE pointer to MORAL RESPONSIBILITY (intent): AUTHORSHIP REPRESENTATION PROMISE

7 NON-REPUDIATION -- TECHNOLOGIST: ANTI-LIES LAWYER: NON-WHAT? TECHNOLOGIST: ANTI-LIES LAWYER: NON-WHAT?

8 TRIAL BY FURY CREDIBILE WITNESSES NOT COOL TECHNOLOGIES CREDIBILE WITNESSES NOT COOL TECHNOLOGIES

9 DIGITAL EVIDENCE Absent specific laws or agency regulations, no particular technology, including Data integrity, need apply (YET)

10 UNITED STATES V. SAFAVIAN (2006) 260 unsigned s admissible as evidence against a criminal defendant

11 AUTHENTICATIONAUTHENTICATION The threshold for the Courts determination of authenticity is not high. … Court need not find that the evidence is necessarily what the proponent claims, but only that there is sufficient evidence that the jury ultimately might do so. The threshold for the Courts determination of authenticity is not high. … Court need not find that the evidence is necessarily what the proponent claims, but only that there is sufficient evidence that the jury ultimately might do so.

12 UNITED STATES V. SIDDIQUI (2000) DefendantS s Reliable Logical association Felony CONVICTION AFFIRMED DefendantS s Reliable Logical association Felony CONVICTION AFFIRMED

13 INTENT OF THE PARTIES EXPRESS AGREEMENTS IMPLICIT UNDERTAKINGS EXPRESS AGREEMENTS IMPLICIT UNDERTAKINGS

14 IDENTIFY RELYING PARTIES BEARERS of transaction Risks with List of DOS & DONTS BEARERS of transaction Risks with List of DOS & DONTS

15 TECHNOLOGY CONSIDERATIONS EASE OF USE RISK elimination COST SAVINGS Scalability COMPLEXITY OF PROOF Obsolescence risks EASE OF USE RISK elimination COST SAVINGS Scalability COMPLEXITY OF PROOF Obsolescence risks

16 INTEROPERABILITY, NOT HEGEMONY ONE SIZE NEED NOT FIT ALL WORKFLOW CONSIDERATIONS –MULTIPLE SIGNERS –SEVERAL STAGES –INTERNET TRANSMISSIONS –Core Application support ONE SIZE NEED NOT FIT ALL WORKFLOW CONSIDERATIONS –MULTIPLE SIGNERS –SEVERAL STAGES –INTERNET TRANSMISSIONS –Core Application support

17 SIGNATURE PROFILES ORIGINS –ABA eTrust subcommittee –Oasis legalxml CONCEPTS SELECTIONS ORIGINS –ABA eTrust subcommittee –Oasis legalxml CONCEPTS SELECTIONS

18 5 SIGNATURE PROFILES Null PKI Entity seal Application specific symmetric Null PKI Entity seal Application specific symmetric

19 RELYING PARTY APPRAISAL 1. DATA SOURCES

20 RELYING PARTY APPRAISAL 1. DATA SOURCES CORE APPLICATION: APPRAISING VALUE HUMAN APPRAISER DATA SOURCES AUTOMATED MEANS LOAN COLLATERAL HUMAN APPRAISER DATA SOURCES AUTOMATED MEANS LOAN COLLATERAL

21 RELYING PARTY APPRAISAL 1. DATA SOURCES RISK ANALYSIS APPRAISER COLLUSION IDENTITY THEFT CORRECT DATA USED FALSIFIED REPORT APPRAISER COLLUSION IDENTITY THEFT CORRECT DATA USED FALSIFIED REPORT

22 RELYING PARTY APPRAISAL 1. DATA SOURCES TECHNOLOGY CHOICES SOUND LOGICAL ASSOCIATIONS FACTORED AUTHENTICATION SECURE AUDIT TRAIL ROBUST CRYPTO SOUND LOGICAL ASSOCIATIONS FACTORED AUTHENTICATION SECURE AUDIT TRAIL ROBUST CRYPTO

23 RELYING PARTY APPRAISAL 1. DATA SOURCES SIGNATURESSIGNATURES ZILLOW.COM /S JOHN DOE / Form co.

24 CONCLUSIONSCONCLUSIONS LAW DOES NOT limit esign METHODs Selection left TO THE PARTIES RELYING PARTY HAS GREATEST STAKE A TRANSACTION may need SEVERAL esigs Signature Profiles provide choices Signature Support for core applications LAW DOES NOT limit esign METHODs Selection left TO THE PARTIES RELYING PARTY HAS GREATEST STAKE A TRANSACTION may need SEVERAL esigs Signature Profiles provide choices Signature Support for core applications

25 FINFIN JOHN H. MESSING, ESQ. LAW-ON-LINE, INC E. BROADWAY BLVD., SUITE 1600 TUCSON, AZ TEL. (520) LOGICAL ASSOCIATION: JOHN H. MESSING, ESQ. LAW-ON-LINE, INC E. BROADWAY BLVD., SUITE 1600 TUCSON, AZ TEL. (520) LOGICAL ASSOCIATION: This presentation is informational only and not intended as a contribution to a MISMO standard or as legal advice © JHM 2007


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