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Digital Signature Working Group
I. Terms Of Reference - July 31, 1997
There are over 65 "digital signature" initiatives underway
world-wide. (The term digital signature is used generically here to mean
electronic authentication of documents.) Despite the amount of work being
done to analyze the legal and policy implications of digital signatures,
governments have moved forward to produce legislative mandates that often
are inconsistent or lack interoperability. ILPF has established a digital
signature working group to address these inconsistencies because Internet
commerce depends upon a robust digital signature environment that does not
preclude innovation in technology or favor any one product or cryptographic
algorithm over another.
The ILPF Digital Signature Working Group will accomplish the
following objectives:
- Survey U.S. and international digital signature/electronic
authentication legislative efforts;
- Compare legislative initiatives; (The Full
Report and the appendices are available in .pdf
format.)
- Draft Model U.S. legislation;
- Utilize ILPF web site for display of information;
and
- Consider model international issues and possible protocol for
recognition of digital signatures/electronic authentication.
II. Summary Of Action Plan
ILPF proposes to approach the working group on two tracks.
First, because U.S. legislative efforts offer the opportunity to examine
both the
normative trends and issues regarding transborder recognition of
signatures, the first
track will concentrate on a survey and comparison of State efforts and
the recommendation
of model legislation. Concomitant, an international survey will be
initiated, but not
necessarily progress at the same pace as the State effort. Once
completed, the working
group will identify the international issues presented by transborder
recognition of
electronic documents and consider what protocols might be established to
further digital
signatures use in Internet commerce.
III. U.S. Model Legislation Initiative
There are three phases to this working group.
First, a survey of domestic legislation will be completed. The survey is
ongoing and can
be viewed at <www.ilpf.org>. Second, an expert will engage in a
comparative analysis
of the legislation and report to ILPF on the similarities and
differences. Third, a
drafting committee will convene to prepare and recommend model
provisions.
- DSig Survey
The ongoing survey collects both U.S. and international material,
but
its primary effort is aimed at U.S. legislation at this stage. The
web
site displays both links and text of the legislation and is
updated regularly. This
information will be available to the expert for his or her analysis.
- Legislative Analysis and Budget
The comparative analysis could be conducted by a
variety of professionals, ranging from law student interns
supervised by the ILPF
Executive Director, to qualified lawyers or policy analysts, to an
academician. None of
the above are excluded, but the preference is for a law school
professor to undertake the
project and then to be available to assist the working group
interrogator in Phase 3.
- Drafting Session and Working Group Composition
IBM will host up to a three-day
working group session at a convenient U.S. site. The purpose of the
session will be to
review the survey results and analysis and to draft model
legislation.
The working group will be reflective of a broad range of
interests, including consumer,
industry and government. Consistent with ILPF philosophy, technical
experts will be part
of the working group. The ILPF Executive Director will nominate
participants in early
August 1997.
The working group will invite State government or industry
representatives or technical
experts to present information during the session. However, the
drafting sessions
primarily is dedicated to accomplishing the drafting exercise rather
than not open to the
public.
The working group may draw on the expertise of such entities as
W3C or other technical
representatives.
IV. International Survey
A survey of international digital signature initiatives has been
conducted and posted to the web site.
V. Project Time Line
Phase 1 is a continuous effort throughout the project, but the
basic elements of State legislation are in place. Phase 2 will commence
upon nomination of
professor or other professional to conduct the required analysis. The
workshop meeting
date will be in early October. Results of the meeting will be provided
to ILPF members for
30 days of comment. The working group will respond electronically to any
comment and the
final document will be available for distribution no later than December
1. Results will
be posted on the web site and the working group may, subject to ILPF
approval, be part of
the January 1998 ILPF meeting and conference.
For timeline purposes, the schedule appears as follows:
| August 1 |
Complete collection of State legislative initiatives and post to web site; weekly updates thereafter |
| September 15 |
Complete analysis and comparison of legislation, including summary and white paper; Commitments obtained from working group members |
| October 15 |
3-day Working Group Meeting; Report out model legislation to ILPF members |
| November 15 |
ILPF comment to working group |
| December 1 |
Working Group Final Draft available to ILPF members and posted on web site for comment; International survey results and trend analysis posted to web site |
| January 6-9, 1998 |
ILPF annual meeting and conference in Seattle, WA; results of working group efforts may be presented; International panel for 1998 expenditure decided at annual meeting as part of budget and 1998 agenda review |
This Digital Signature list is maintained by
Perkins Coie.
All rights reserved.
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