INFORMATION LAW JOURNAL
A Publication of the Information Security and EDDE Committees ABA Section of Science & Technology Law.
INSIDE CURRENT ISSUE (WINTER 2017 VOLUME 8 ISSUE 1)
Two New Books on Emerging Technologies Law and Information and Internet Law
By Thomas J. Shaw
Conflicting Document Production Laws May Result in International Discovery Restrictions
By Courtney Lotfi
The Independent Chief Data Officer: A Weapon in the Arsenal of Information Security
By Michael Aisenberg
Considerations Governing the Lifting of a Litigation Hold in Civil and Criminal e-Discovery
By Alec Webley, Alexander B. Hastings, and Edward H. Rippey
Executive Order 12333, the President-Elect, and the NSA
By April Doss
Blockchain Risk Factors in Securities Offerings and Filings
By Bo Harvey and John Servidio
DIGITAL IDENTITY LAW DEVELOPEMENTS - Hot Topics Presentation by
Tim Reiniger, Future Law, LLC on March 19, 2017
I. Virginia Digital Identity Law (2015) developments
A. First digital identity law in the United States (provides statutory foundation for identity trust frameworks and defines liability of identity providers to relying parties and innocent third parties)
B. Last December, the European Commission formally requested the Commonwealth of Virginia to collaborate on the development of digital identity standards with the intent of promoting cross-border interoperability and acceptance of eIDs. Discussions are ongoing.
C. Along with the EU eID regulations and Finnish law, the Virginia law has served as an impetus to a newly launched UNCITRAL effort to develop model digital identity legislation
D. The Virginia law has served as impetus for the Uniform Law Commission (in the United States) to constitute a committee to determine whether a uniform digital identity law should be developed for the other US states and jurisdictions. The committee’s work (of which I am an ABA SciTech Advisor) is ongoing.
II. Remote (Online Audio-Video) Notarization developments
A. Virginia and Montana are the first states to authorize remote notarization. This year, Texas, Nevada, Maryland, Kentucky, Indiana, Pennsylvania, and Oklahoma have introduce legislation to provide similar authorization.
B. The Uniform Law Commission study committee on remote notarization (of which I have been an ABA SciTech Advisor), at its March 19, 2017 meeting, voted to recommend that the full ULC should authorize the creation of a committee for drafting a model remote notarization law. This is typically a two year process.
C. Of note in the ULC remote notarization committee discussions – how to deal with matters of technology performance standards? The Virginia experience has shown that technology standards are needed in three areas: 1) online authentication, 2) audio-video capability, and 3) the e-signing means and process. But should the standards be set in statute or left to rule-making? The current ULC approach is to leave the development of such standards to the states (which, in the case of notaries, normally means the Secretaries of State). The challenge is – how facilitate interstate recognition of electronically notarized documents if there is no state-to-state uniformity/consistency with technology means and manner being used by notaries? The land title and mortgage banking industries are already requesting bill language in Texas and other states that would, in effect, discriminate against the use of audio-video technology because of perceive risk management concerns. Going forward, this remote notarization legislation struggle could have very important implications for cross-border interoperability and recognition of eIDs in the United States.