Re: State Alignment and Standard Signals

Monica J. Martin wrote:

>> Tell: ......Note: State alignment is not nessessary condition for a 
>> data message to be legally relevant, its happens anyway.
>
> mm1: Can you please explain in further detail.  It may be legally 
> relevant, whether it is legally enforceable, provides confidence and 
> is binding are other matters IMHO. Thanks.

Im not sure what to explain. If a speaker talks to a crowd there may be 
now confirmation that all words has been received. If a sender sends an 
email to a court or an application there may be no conformation comming 
back and if the email actually reached the intended addressee if will be 
recorded.

With regards to enforceable a repudiation example may be of interest.

If a originator sends a data message to an indented addressee but the 
addressee claims that he didnt get the message.

a) If the sender gets access to the receivers infoprmation system , 
through court order or otherwise, and finds an exact replica of the data 
message then it will be difficult to continue to claim that the data 
message wasnt received.
b) If in a automated environment a Receipt data message is sent from the 
addresse back to originator with signature, ref to data message, date, 
etc. it will be difficult to claim that the data message was received. 
May the addressee can claim that the signature key was stolen and it was 
resonable that the originator should have know about the theft.
c) If an intelligent firewall stores all incomming data messages for 
future reference and also does a XML Schema validation on the payload 
then this log may be used to claim that the data message was received.
d) ebXML MessageService Handler signed <Acknowledge> SOAP header may be 
used to claims Reach.

One important aspect is that it is Not resonable that a sender should 
care about or be responsible for how a receiver has constructed its 
information system and in case c) if the data message is lost after the 
firewall then the reception failed under the recivers care.

If a reciever has data message (reach event occured) and waits to send a 
ReciptAck until a deadline of some kind has passed then which is the 
most resonable outcome ..?
1. data message reached the indended addressee and it should be counted 
as a "valid" data message
2. Reciept Ack was never sent in time so the data message should be 
counted as not have been sent.


thanks
/anders

Received on Tuesday, 20 July 2004 12:24:15 UTC