Ian,
Feel free to bring a lawyer to the table to provide input, but we're
here to create Internet Standards, not Legal Standards. So long as we
define our own terminology (or use references to definitions) I see no
problem with using the same term as another field in a way different
than that other field uses it.
This is orthogonal to the issue of whether the OpenPGP Notarized
Signature is useful to a "Notary" (in the legal sense). Making
something that is useful is a Good Thing (TM). I'd rather make
something useful than make something non-useful. But not being
a lawyer (or a Notary) I don't know what would be useful.
I would think that having the ability to reference just the signature
or also sig + document in a notary signature would be sufficient to be
useful to any definition of notary....
-derek
David Shaw <dshaw(_at_)jabberwocky(_dot_)com> writes:
On Thu, May 29, 2003 at 01:25:14PM -0400, Ian Grigg wrote:
When the word "notarised signature" is used, is this
a term that has been tested against the legal meaning
of the words?
Specifically, the term has quite different significances
under civil code and common law. In the civil code, a
notary is a very important person, perhaps more significant
than an attorney. He or she has to study for 6 years to
obtain their qualification, and it is a tightly constrained
field (at least in the country I'm mildly familiar with).
The term "notary signature" should not imply any legal meaning
whatsoever. As you point out, it means different things to different
people in different places.
I can't imagine the terminology is a problem. After all, the terms
"signature", and "certification" mean different things in different
legal juristictions as well, and PGP has been using those terms for
over a decade.
If not, as a minimum, it might be a good idea to add
a statement that the use of the term is not meant to
draw from the legal definition(s) of same.
I'm okay with this if the WG thinks it is necessary, though if we're
going to go down that route, it would probably be simpler to put a
single sentence in the introduction disclaiming any legal standing for
terminology used in the whole document than it would be to add
specific notes to the notary section.
David
--
Derek Atkins
Computer and Internet Security Consultant
derek(_at_)ihtfp(_dot_)com www.ihtfp.com