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Ensuring Legal Compliance and Human Interference in Electronic Notary Services

Learn about the crucial legal background necessary for electronic notary services and the need for methods to involve human intervention. Understand the coexistence of paper and electronic documents and how E2E transformations play a key role in certifying outcomes.

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Ensuring Legal Compliance and Human Interference in Electronic Notary Services

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  1. Notary Services (Tobias Gondrom on behalf of ) Andreas U. SchmidtFraunhofer Institute fo Secure Telecooperation (SIT) Darmstadt, Germany

  2. Notary Services Require Legal Background • Terms ‘Notary’, ‘Notarial Act’, etc. bear (traditional) legal meanings • For electronic ‘Notary Services’ to be useful, legal background cannot be ignored • Legal background is needed already at the requirements stage • Example: ‘Taking an oath virtually, over the Web’ would be legally void under most jurisdictionsNotary Services Require Methods for Human Interference • The definition of the workflow of a notarial act should be able to include ‘calls for action’ to the human notary or the other involved parties • E.g., notaries may be asked to certify an act by signing a document • An envisaged standard should therefore include a variety of methods to invoke and document human action

  3. Paper is not completely out of Scope of Notary Services • In legal contexts, paper documents are prevalent and will coexist for some time with electronic ones • The differentiation of transformations P2E, E2P, & E2E can be used to define the scope: - P2E and E2P use technology out of the scope of IETF standardisation. It should be possible to document those transforms if they occur in a notarial act - E2E seems to be core functionality of notary services • The notary service should enable E2E transformations and - document the operations over the document - authenticate the outcome - certify the outcome with a notary seal • A ‘transformation seal’ could be attached to the transformation result

  4. A wish list for E2E transformations • Expressiveness for transformation processes and single operations • A catalogue of data formats and their appropriateness for transformations (out of scope?) • Means to inspect transformations and results • Authentication and certification of a transformation with the transformation seal

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