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Presentation transcript:

Reiniger LLC

Legal Nature of Trust with Digital Documents (Conference 10) Timothy S. Reiniger November 14, 2018 Presentation for Advanced Training in Digital Legal Documents at the University of Houston Houston, TX Reiniger LLC

Discussion Topics Basics Legal Perspective Legal Challenges Current Solutions Reiniger LLC

Digital Documents: How Experienced in Law Identity Assurance Integrity Assurance Intent/Authority Assurance Reiniger LLC

Digital Documents: How Conceptualized in Law Validity Enforceability Effect Reiniger LLC

Digital Documents: Sources of Laws/Rules Statutes/Regulations Case Law International Codes Lex Informatica Reiniger LLC

Digital Documents: Legal Perspective Context Legal relationships Attribution of act Content Authenticity Accuracy Control Authority Capacity Consent Reiniger LLC

Legal Principles for Commerce Reciprocity Objectivity Autonomy Uniformity Reiniger LLC

Legal Challenges Jurisdiction/applicable laws Testability of digital evidence Unclear enforceability Machines controlled by software code Reiniger LLC

Digital Documents: Testability 1. Identity 2. Integrity 3. Intent All require capability of proof over time Reiniger LLC

Software Code: Legal Challenges Legal responsibility for software-related failure is obscured Choices made by software coders reflect objectives and choices of the coders Software code is subject to human technical errors AND misunderstanding of legal and business requirements Reiniger LLC

Current Solutions: Trust Services Electronic Signatures Digital Certificates (PKI) Electronic Seals Time Stamps Electronic Archives Electronic Registered Delivery Electronic Notarization Reiniger LLC

Trust Services: Legal and Policy Issues Non-discrimination against electronic means Functional equivalence Cross-border recognition Technology neutrality Party autonomy Liability allocation Reiniger LLC

Online Notarization Jurisdiction/Presence Establishing Identity of Signers Audio-Video Recording Reiniger LLC

Artificial Intelligence/Robots Authorization Electronic Agents (ESIGN and UETA in United States) Liability Machines controlled by software code Legal persons Reiniger LLC

Smart Contracts: Legal Challenges All contractual terms can not be embodied using smart code Enforceability, performance, and termination: Legally untested Legal status of platform as intermediary Liability allocation for risk of mistake in software code and security breach Unclear dispute resolution Reiniger LLC

Blockchain: Legal Authority ESIGN and UETA (United States) Vermont and other state-level specific laws (United States) European Union (eIDAS) Reiniger LLC

Blockchain: Legal Challenges Allocating legal risk and responsibility Jurisdictional issues Enforcement of court judgments Data privacy compliance Reiniger LLC

Contact Information Timothy S. Reiniger, Director Reiniger, LLC 40 Belfield Road Cape Elizabeth, Maine 04107 tim@reinigerllc.com 804-997-9213 Reiniger LLC