An ongoing multiple volume set with updated index.
Publisher
West Group
Publication Location
St. Paul, MN
Critical Arguements
CA "Contains over 400 separate titles on a broad range of legal topics which, taken together, systematically describe the entire field of American legal doctrine. Documents available for each topic may include a summary, topic contents, each (TRUNCATED)
Type
Book Whole
Title
Words and Phrases: All Judicial Constructions and Definitions of Words and Phrases
by the States and Federal Courts
CA "The Digital Preservation Testbed is researching three different approaches to long-term digital preservation: migration, emulation and XML. Not only will the effectiveness of each approach be evaluated, but also their limits, costs and application potential. Experiments are taking place on text documents, spreadsheets, emails and databases of different size, complexity and nature."
Conclusions
RQ "New experiments expected in 2002 are the migration of spreadsheets, conversion of spreadsheets and databases into XML and a proof of concept with the UVC for text documents and spreadsheets. ... Eventually at the end of 2003 the Testbed project will provide: advice on how to deal with current digital records; recommendations for an appropriate preservation strategy or a combination ofstrategies; functional requirements for a preservation function; cost models of the various preservation strategies; a decision model for preservation strategy; recommendations concerning guidelines and regulations."
SOW
DC "The Digital Preservation Testbed is part of the non-profit organisation ICTU. ICTU isthe Dutch organisation for ICT and government. ICTU's goal is to contribute to the structural development of e-government. This will result in improving the work processes of government organisations, their service to the community and interaction with the citizens. ... In case of the Digital Preservation Testbed the principals are the Ministry of the Interior, Jan Lintsen and the Dutch National Archives, Maarten van Boven. Together with Public Key Infrastructure, Digital Longevity is the fundament of the ELO-house."
Type
Journal
Title
Law, evidence and electronic records: A strategic perspective from the global periphery
CA A recordkeeping paradigm set up around the records continuum will take us into the future, because it sees opportunities, not problems, in e-environments. It fosters accountability through evidence-generating recordkeeping practices.
Phrases
<P1> This challenge is being addressed by what Chris Hurley has called second-generation archival law, which stretches the reach of archival jurisdictions into the domain of the record-creator. A good example of such archival law is South Africa's National Archives Act of 1996, which gives the National Archives regulatory authority over all public records from the moment of their creation. The Act provides a separate definition of "electronic records systems" and accords the National Archives specific powers in relation to their management. Also significant is that the Act brings within the National Archives' jurisdiction those categories of record-creators commonly allowed exclusion -- the security establishment, public services outside formal structures of government, and "privatized" public service agencies. (p.34) <P2> A characteristic (if an absence can be a characteristic) of most archival laws, first and second generation, is a failure to define either the conditions/processes requiring "recording" or the generic attributes of a "record." (p.34) <P3> Archival law, narrowly defined, is not at the cutting edge and is an increasingly small component of broader recordkeeping regimes. This is one of the many signs of an emerging post-custodial era, which Chris Hurley speculates will be informed by a third generation of archival law. Here, the boundaries between recordkeeping domains dissolve, with all of them being controlled by universal rules. (p.34)
Conclusions
RQ What is the relationship between the event and the record? Is the idea of evidence pivotal to the concept of "recordness"? Should evidence be privileged above all else in defining a record? What about remembering, forgetting, imagining?
This article provides an overview of evolving Australian records continuum theory and the records continuum model, which is interpreted as both a metaphor and a new worldview, representing a paradigm shift in Kuhn's sense. It is based on a distillation of research findings drawn from discourse, literary warrant and historical analysis, as well as case studies, participant observation and reflection. The article traces the emergence in Australia in the 1990s of a community of practice which has taken continuum rather than life cycle based perspectives, and adopted postcustodial approaches to recordkeeping and archiving. It "places" the evolution of records continuum theory and practice in Australia in the context of a larger international discourse that was reconceptualizing traditional theory, and "reinventing" records and archives practice.
Publisher
Kluwer Academic Publishers
Publication Location
The Netherlands
Critical Arguements
CA Looks at the development of the Australian community of practice that led to records continuum theory: an approach that, in contrast to the North American life cycle approach, sees recordkeeping and archival practices as part of the same continuum of activities. Since the 1990s, there has been a lively debate between proponents of these two different ways of thinking. The second part of the article is highly theoretical, situating records continuum theory in the larger intellectual trend toward postmodernism and postpositivism.
Phrases
<P1> The model was built on a unifying concept of records inclusive of archives, which are defined as records of continuing value. It also drew on ideas about the "fixed" and "mutable" nature of records, the notion that records are ÔÇ£always in a process of becoming." (p. 334). <P2> Continuum ideas about the nature of records and archives challenge traditional understandings which differentiate "archives" from "records" on the basis of selection for permanent preservation in archival custody, and which focus on their fixed nature. Adopting a pluralist view of recorded information, continuum thinking characterises records as a special genre of documents in terms of their intent and functionality. It emphasises their evidentiary, transactional and contextual nature, rejecting approaches to the definition of records which focus on their subject content and informational value. (p. 335) <P3> [R]ecordkeeping and archiving processes ... help to assure the accessibility of meaningful records for as long as they are of value to people, organisations, and societies ÔÇô whether that be for a nanosecond or millennia. (p. 336) <P4> [I]f North American understandings of the term record keeping, based on life cycle concepts of records management, are used to interpret the writings of members of the Australian recordkeeping community, there is considerable potential for misunderstanding. <P5> Members of the recordkeeping and archiving community have worked together, often in partnership with members of other records and archives communities, on a range of national policy and standards initiatives, particularly in response to the challenge of electronic recordkeeping. These collaborative efforts resulted in AS 4390, the Australian Standard: Records Management (1996), the Australian Council of Archives' Common Framework for Electronic Recordkeeping (1996), and the Australian Records and Archives Competency Standards (1997). In a parallel and interconnected development, individual archival organisations have been developing electronic recordkeeping policies, standards, system design methodologies, and implementation strategies for their jurisdictions, including the National Archives of Australia's suite of standards, policies, and guidelines under the e-permanence initiative launched in early 2000. These developments have been deliberately set within the broader context of national standards and policy development frameworks. Two of the lead institutions in these initiatives are the National Archives of Australia and the State Records Authority of New South Wales, which have based their work in this area on exploration of fundamental questions about the nature of records and archives, and the role of recordkeeping and archiving in society. <warrant> (p. 339) <P6> In adopting a continuum-based worldview and defining its "place" in the world, the Australian recordkeeping and archiving community consciously rejected the life cycle worldview that had dominated records management and archives practice in the latter half of the 20th century in North America. ... They were also strong advocates of the nexus between accountable recordkeeping and accountability in a democratic society, and supporters of the dual role of an archival authority as both a regulator of current recordkeeping, and preserver of the collective memory of the state/nation. (p. 343-344) <P7> [P]ost-modern ideas about records view them as dynamic objects that are fixed in terms of content and meaningful elements of their structure, but linked to ever-broadening layers of contextual metadata that manages their meanings, and enables their accessibility and useability as they move through "spacetime." (p. 349) <P8> In exploring the role of recordkeeping and archiving professionals within a postcustodial frame of reference, archival theorists such as Brothman, Brown, Cook, Harris, Hedstrom, Hurley, Nesmith, and Upward have concluded that they are an integral part of the record and archive making and keeping process, involved in society's remembering and forgetting. (p. 355) <P9> Writings on the societal context of functional appraisal have gone some way to translate into appraisal policies and strategies the implications of the shifts in perception away from seeing records managers as passive keepers of documentary detritus ... and archivists as Jenkinson's neutral, impartial custodians of inherited records. (p. 355-356)
Conclusions
RQ "By attempting to define, to categorise, pin down, and represent records and their contexts of creation, management, and use, descriptive standards and metadata schema can only ever represent a partial view of the dynamic, complex, and multi-dimensional nature of records, and their rich webs of contextual and documentary relationships. Within these limitations, what recordkeeping metadata research is reaching towards are ways to represent records and their contexts as richly and extensively as possible, to develop frameworks that recognise their mutable and contingent nature, as well as the role of recordkeeping and archiving professionals (records managers and archivists) in their creation and evolution, and to attempt to address issues relating to time and space." (p. 354)
Type
Electronic Journal
Title
Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community Framework for Electronic Signatures
CA "[A] clear Community framework regarding the conditions applying to electronic signatures will strengthen confidence in, and general acceptance of, the new technologies; legislation in the Member States should not hinder the free movement of goods and services in the internal market. ... The interoperability of electronic-signature products should be promoted. ... Rapid technological development and the global character of the Internet necessitate an approach which is open to various technologies and services capable of authenticating data electronically. ... This Directive contributes to the use and legal recognition of electronic signatures within the Community; a regulatory framework is not needed for electronic signatures exclusively used within systems, which are based on voluntary agreements under private law between a specified number of participants; the freedom of parties to agree among themselves the terms and conditions under which they accept electronically signed data should be respected to the extent allowed by national law; the legal effectiveness of electronic signatures used in such systems and their admissibility as evidence in legal proceedings should be recognised. ... The storage and copying of signature-creation data could cause a threat to the legal validity of electronic signatures. ... Harmonised criteria relating to the legal effects of electronic signatures will preserve a coherent legal framework across the Community; national law lays down different requirements for the legal validity of hand-written signatures; whereas certificates can be used to confirm the identity of a person signing electronically; advanced electronic signatures based on qualified certificates aim at a higher level of security; advanced electronic signatures which are based on a qualified certificate and which are created by a secure-signature-creation device can be regarded as legally equivalent to hand-written signatures only if the requirements for hand-written signatures are fulfilled. ... In order to contribute to the general acceptance of electronic authentication methods it has to be ensured that electronic signatures can be used as evidence in legal proceedings in all Member States; the legal recognition of electronic signatures should be based upon objective criteria and not be linked to authorisation of the certification-service-provider involved; national law governs the legal spheres in which electronic documents and electronic signatures may be used; this Directive is without prejudice to the power of a national court to make a ruling regarding conformity with the requirements of this Directive and does not affect national rules regarding the unfettered judicial consideration of evidence. ... In order to increase user confidence in electronic communication and electronic commerce, certification-service-providers must observe data protection legislation and individual privacy. ... Provisions on the use of pseudonyms in certificates should not prevent Member States from requiring identification of persons pursuant to Community or national law."
Phrases
<P1> Legal effects of electronic signatures: (1) Member States shall ensure that advanced electronic signatures which are based on a qualified certificate and which are created by a secure-signature-creation device: (a) satisfy the legal requirements of a signature in relation to data in electronic form in the same manner as a handwritten signature satisfies those requirements in relation to paper-based data; and (b) are admissible as evidence in legal proceedings.(2) Member States shall ensure that an electronic signature is not denied legal effectiveness and admissibility as evidence in legal proceedings solely on the grounds that it is: in electronic form, or not based upon a qualified certificate, or not based upon a qualified certificate issued by an accredited certification-service-provider, or not created by a secure signature-creation device. (Art. 5) <P2> Member States shall ensure that a certification-service-provider which issues certificates to the public may collect personal data only directly from the data subject, or after the explicit consent of the data subject, and only insofar as it is necessary for the purposes of issuing and maintaining the certificate. The data may not be collected or processed for any other purposes without the explicit consent of the data subject. (Art. 8) <P3> Requirements for qualified certificates: Qualified certificates must contain:(a) an indication that the certificate is issued as a qualified certificate; (b) the identification of the certification-service-provider and the State in which it is established; (c) the name of the signatory or a pseudonym, which shall be identified as such; (d) provision for a specific attribute of the signatory to be included if relevant, depending on the purpose for which the certificate is intended; (e) signature-verification data which correspond to signature-creation data under the control of the signatory; (f) an indication of the beginning and end of the period of validity of the certificate; (g) the identity code of the certificate; (h) the advanced electronic signature of the certification-service-provider issuing it; (i) limitations on the scope of use of the certificate, if applicable; and (j) limits on the value of transactions for which the certificate can be used, if applicable. (Annex I) <P4> Requirements for certification-service-providers issuing qualified certificates: Certification-service-providers must: (a) demonstrate the reliability necessary for providing certification services; (b) ensure the operation of a prompt and secure directory and a secure and immediate revocation service; (c) ensure that the date and time when a certificate is issued or revoked can be determined precisely; (d) verify, by appropriate means in accordance with national law, the identity and, if applicable, any specific attributes of the person to which a qualified certificate is issued; (e) employ personnel who possess the expert knowledge, experience, and qualifications necessary for the services provided, in particular competence at managerial level, expertise in electronic signature technology and familiarity with proper security procedures; they must also apply administrative and management procedures which are adequate and correspond to recognised standards; (f) use trustworthy systems and products which are protected against modification and ensure the technical and cryptographic security of the process supported by them; (g) take measures against forgery of certificates, and, in cases where the certification-service-provider generates signature-creation data, guarantee confidentiality during the process of generating such data; (h) maintain sufficient financial resources to operate in conformity with the requirements laid down in the Directive, in particular to bear the risk of liability for damages, for example, by obtaining appropriate insurance; (i) record all relevant information concerning a qualified certificate for an appropriate period of time, in particular for the purpose of providing evidence of certification for the purposes of legal proceedings. Such recording may be done electronically; (j) not store or copy signature-creation data of the person to whom the certification-service-provider provided key management services; (k) before entering into a contractual relationship with a person seeking a certificate to support his electronic signature inform that person by a durable means of communication of the precise terms and conditions regarding the use of the certificate, including any limitations on its use, the existence of a voluntary accreditation scheme and procedures for complaints and dispute settlement. Such information, which may be transmitted electronically, must be in writing and in readily understandable language. Relevant parts of this information must also be made available on request to third-parties relying on the certificate; (l) use trustworthy systems to store certificates in a verifiable form so that: only authorised persons can make entries and changes, information can be checked for authenticity, certificates are publicly available for retrieval in only those cases for which the certificate-holder's consent has been obtained, and any technical changes compromising these security requirements are apparent to the operator. (Annex II) <P5> Requirements for secure signature-creation devices: 1. Secure signature-creation devices must, by appropriate technical and procedural means, ensure at the least that: (a) the signature-creation-data used for signature generation can practically occur only once, and that their secrecy is reasonably assured; (b) the signature-creation-data used for signature generation cannot, with reasonable assurance, be derived and the signature is protected against forgery using currently available technology; (c) the signature-creation-data used for signature generation can be reliably protected by the legitimate signatory against the use of others. (2) Secure signature-creation devices must not alter the data to be signed or prevent such data from being presented to the signatory prior to the signature process. (Annex III) <P6> Recommendations for secure signature verification: During the signature-verification process it should be ensured with reasonable certainty that: (a) the data used for verifying the signature correspond to the data displayed to the verifier; (b) the signature is reliably verified and the result of that verification is correctly displayed; (c) the verifier can, as necessary, reliably establish the contents of the signed data; (d) the authenticity and validity of the certificate required at the time of signature verification are reliably verified; (e) the result of verification and the signatory's identity are correctly displayed; (f) the use of a pseudonym is clearly indicated; and (g) any security-relevant changes can be detected. (Annex IV)
Type
Electronic Journal
Title
Computer Records and the Federal Rules of Evidence
See also U.S. Federal Rules of Evidence. Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial.
Publisher
U.S. Department of Justice Executive Office for United States Attorneys
Critical Arguements
CA "This article explains some of the important issues that can arise when the government seeks the admission of computer records under the Federal Rules of Evidence. It is an excerpt of a larger DOJ manual entitled 'Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations,' which is available on the internet at www.cybercrime.gov/searchmanual.htm." Cites cases dealing with Fed. R. Evid. 803(6).
Phrases
<P1>Most federal courts that have evaluated the admissibility of computer records have focused on computer records as potential hearsay. The courts generally have admitted computer records upon a showing that the records fall within the business records exception, Fed. R. Evid. 803(6). <P2> See, e.g., United States v. Cestnik, 36 F.3d 904, 909-10 (10th Cir. 1994); United States v. Moore, 923 F.2d 910, 914 (1st Cir. 1991); United States v. Briscoe, 896 F.2d 1476, 1494 (7th Cir. 1990); United States v. Catabran, 836 F.2d 453, 457 (9th Cir. 1988); Capital Marine Supply v. M/V Roland Thomas II, 719 F.2d 104, 106 (5th Cir. 1983). <P3> Applying this test, the courts have indicated that computer records generally can be admitted as business records if they were kept pursuant to a routine procedure for motives that tend to assure their accuracy. <warrant>
Conclusions
RQ "The federal courts are likely to move away from this 'one size fits all' approach as they become more comfortable and familiar with computer records. Like paper records, computer records are not monolithic: the evidentiary issues raised by their admission should depend on what kind of computer records a proponent seeks to have admitted. For example, computer records that contain text often can be divided into two categories: computer-generated records, and records that are merely computer-stored. See People v. Holowko, 486 N.E.2d 877, 878-79 (Ill. 1985). The difference hinges upon whether a person or a machine created the records' contents. ... As the federal courts develop a more nuanced appreciation of the distinctions to be made between different kinds of computer records, they are likely to see that the admission of computer records generally raises two distinct issues. First, the government must establish the authenticity of all computer records by providing 'evidence sufficient to support a finding that the matter in question is what its proponent claims.' Fed. R. Evid. 901(a). Second, if the computer records are computer-stored records that contain human statements, the government must show that those human statements are not inadmissible hearsay."
CA Describes efforts undertaken at the National Library of New Zealand to ensure preservation of electronic resources.
Phrases
<P1> The National Library Act 1965 provides the legislative framework for the National Library of New Zealand '... to collect, preserve, and make available recorded knowledge, particularly that relating to New Zealand, to supplement and further the work of other libraries in New Zealand, and to enrich the cultural and economic life of New Zealand and its cultural interchanges with other nations.' Legislation currently before Parliament, if enacted, will give the National Library the mandate to collect digital resources for preservation purposes. <warrant> (p. 18) <P2> So, the Library has an organisational commitment and may soon have the legislative environment to support the collection, management and preservation of digital objects. ... The next issue is what needs to be done to ensure that a viable preservation programme can actually be put in place. (p. 18) <P3> As the Library had already begun systematising its approach to resource discovery metadata, development of a preservation metadata schema for use within the Library was a logical next step. (p. 18) <P4> Work on the schema was initially informed by other international endeavours relating to preservation metadata, particularly that undertaken by the National Library of Australia. Initiatives through the CEDARS programme, OCLC/RLG activities and the emerging consensus regarding the role of the OAIS Reference Model ... were also taken into account. <warrant> (p. 18-19) <P5> The Library's Preservation Metadata schema is designed to strike a balance between the principles of preservation metadata, as expressed through the OAIS Information Model, and the practicalities of implementing a working set of preservation metadata. The same incentive informs a recent OCLC/RLG report on the OAIS model. (p. 19) <P6> [I]t is unlikely that anything resembling a comprehensive schema will become available in the short term. However, the need is pressing. (p. 19) <P7> The development of the preservation metadata schema is one component of an ongoing programme of activities needed to ensure the incorporation of digital material into the Library's core business processes with a view to the long-term accessibility of those resources. <warrant> (p. 19) <P8> The aim of the above activities is for the Library to be acknowledged as a 'trusted repository' for digital material which ensures the viability and authenticity of digital objects over time. (p. 20) <P9> The Library will also have to develop relationships with other organisations that might wish to achieve 'trusted repository' status in a country with a small population base and few agencies of appropriate size, funding and willingness to take on the role.
Conclusions
RQ There are still a number of important issues to be resolved before the Library's preservation programme can be deemed a success, including the need for: higher level of awareness of the need for digital preservation within the community of 'memory institutions' and more widely; metrics regarding the size and scope of the problem; finance to research and implement digital preservation; new skill sets for implementing digital preservation, e.g. running the multiplicity of hardware/software involved, digital conservation/archaeology; agreed international approaches to digital preservation; practical models to match the high level conceptual work already undertaken internationally; co-operation/collaboration between the wider range of agents potentially able to assist in developing digital preservation solutions, e.g. the computing industry; and, last but not least, clarity around intellectual property, copyright, privacy and moral rights.
SOW
DC OAIS emerged out of an initiative spearheaded by NASA's Consultative Committee for Space Data Systems. It has been shaped and promoted by the RLG and OCLC. Several international projects have played key roles in shaping the OAIS model and adapting it for use in libraries, archives and research repositories. OAIS-modeled repositories include the CEDARS Project, Harvard's Digital Repository, Koninklijke Bibliotheek (KB), the Library of Congress' Archival Information Package for audiovisual materials, MIT's D-Space, OCLC's Digital Archive and TERM: the Texas Email Repository Model.
1. Also at http://www.access.gpo.gov/uscode/title28a/28a_8_6_.html2. As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991.
Deliberation No. 11/2004 of 19 February 2004: "Technical Rules for Copying and Preserving Electronic Documents on Digital Media which are Suitable to Guarantee Authentic Copies"
CA Recognizes that preservation of authentic electronic records means preservation of authentic/true copies. Thus the preservation process is called substitute preservation, and the authenticity of a preserved document is not established on the object itself (as it was with traditional media), but through the authority of the preserver (and possibly a notary), who would attest to the identity and integrity of the whole of the reproduced documents every time a migration occurs. The preserver's task list is also noteworthy. Archival units description stands out as an essential activity (not replaceable by the metadata which are associated to each single document) in order to maintain intellectual control over holdings.
SOW
DC CNIPA (Centro Nazionale per l'Informatica nella Pubblica Amministrazione) replaced AIPA (Autorita' per l'Informatica nella Pubblica Amministrazione) in 2003. Such an Authority (established in 1993 according to art. 4 of the Legislative Decree 39/1993, as amended by art. 176 of the Legislative Decree 196/2003) operates as a branch of the Council of Ministers' Presidency with the mandate to put the Ministry for Innovation and Technologies' policies into practice. In particular, CNIPA is responsible for bringing about reforms relevant to PA's modernization, the spread of e-government and the development of nationwide networks to foster better communication among public offices and between citizens and the State. In the Italian juridical system, CNIPA's deliberations have a lower enabling power, but they nevertheless are part of the State's body of laws. The technical rules provided in CNIPA's deliberation 11/2004 derive from art. 6, par. 2 of the DPR 445/2000, which says: "Preservation obligations are fully satisfied, both for administrative and probative purposes, also with the use of digital media when the employed procedures comply with the technical rules provided by AIPA." In order to keep those rules up to date according to the latest technology, AIPA's deliberation no. 42 of 13 December 2001 on "Technical rules for documents reproduction and preservation on digital media that are suitable to guarantee true copies of the original documents" has been replaced by the current CNIPA deliberation.
Type
Web Page
Title
Appendix N to Proceedings of The Uniform Law Conference of Canada, Proposals for a Uniform Electronic Evidence Act
CA "First, there is a great deal of uncertainty about how the [Canada Evidence Act], particularly s. 30(6), will be applied, and this makes it difficult for the parties to prepare for litigation and for businesses to know how they should keep their records. Second, there are risks to the integrity of records kept on a computer that do not exist with respect to other forms of information processing and storage, and if alterations are made, either negligently or deliberately, they can be extremely difficult to detect. Third, s. 30(1) provides little assurance that the record produced to the court is the same as the one that was originally made in the usual and ordinary course of business, for while self-interest may be an adequate guarantee that most businesses will maintain accurate and truthful records, it is not true for many others. The second and third problems combined place the party opposing the introduction of computer-produced business records in a difficult situation."
SOW
DC The Uniform Law Conference of Canada undertook to adopt uniform legislation to ensure that computer records could be used appropriately in court.
Type
Web Page
Title
Softening the borderlines of archives through XML - a case study
Archives have always had troubles getting metadata in formats they can process. With XML, these problems are lessening. Many applications today provide the option of exporting data into an application-defined XML format that can easily be post-processed using XSLT, schema mappers, etc, to fit the archives┬┤ needs. This paper highlights two practical examples for the use of XML in the Swiss Federal Archives and discusses advantages and disadvantages of XML in these examples. The first use of XML is the import of existing metadata describing debates at the Swiss parliament whereas the second concerns preservation of metadata in the archiving of relational databases. We have found that the use of XML for metadata encoding is beneficial for the archives, especially for its ease of editing, built-in validation and ease of transformation.
Notes
The Swiss Federal Archives defines the norms and basis of records management and advises departments of the Federal Administration on their implementation. http://www.bar.admin.ch/bar/engine/ShowPage?pageName=ueberlieferung_aktenfuehrung.jsp
Critical Arguements
CA "This paper briefly discusses possible uses of XML in an archival context and the policies of the Swiss Federal Archives concerning this use (Section 2), provides a rough overview of the applications we have that use XML (Section 3) and the experiences we made (Section 4)."
Conclusions
RQ "The systems described above are now just being deployed into real world use, so the experiences presented here are drawn from the development process and preliminary testing. No hard facts in testing the sustainability of XML could be gathered, as the test is time itself. This test will be passed when we can still access the data stored today, including all metadata, in ten or twenty years." ... "The main problem area with our applications was the encoding of the XML documents and the non-standard XML document generation of some applications. When dealing with the different encodings (UTF-8, UTF-16, ISO-8859-1, etc) some applications purported a different encoding in the header of the XML document than the true encoding of the document. These errors were quickly identified, as no application was able to read the documents."
SOW
DC The author is currently a private digital archives consultant, but at the time of this article, was a data architect for the Swiss Federal Archives. The content of this article owes much to the work being done by a team of architects and engineers at the Archives, who are working on an e-government project called ARELDA (Archiving of Electronic Data and Records).
Type
Web Page
Title
NHPRC: Minnesota State Archives Strategic Plan: Electronic Records Consultant Project
National Historical Publications and Records Commission Grant No. 95-030
Critical Arguements
CA "The Electronic Records Consultant Project grant was carried out in conjunction with the strategic planning effort for the Minnesota Historical Society's State Archives program. The objective was to develop a plan for a program that will be responsive to the changing nature of government records." ... "The strategic plan that was developed calls for specific actions to meet five goals: 1) strengthening partnerships, 2) facilitating the identification of historically valuable records, 3) integrating electronic records into the existing program, 4) providing quality public service, and 5) structuring the State Archives Department to meet the demands of this plan."
During the past decade, the recordkeeping practices in public and private organizations have been revolutionized. New information technologies from mainframes, to PC's, to local area networks and the Internet have transformed the way state agencies create, use, disseminate, and store information. These new technologies offer a vastly enhanced means of collecting information for and about citizens, communicating within state government and between state agencies and the public, and documenting the business of government. Like other modern organizations, Ohio state agencies face challenges in managing and preserving their records because records are increasingly generated and stored in computer-based information systems. The Ohio Historical Society serves as the official State Archives with responsibility to assist state and local agencies in the preservation of records with enduring value. The Office of the State Records Administrator within the Department of Administrative Services (DAS) provides advice to state agencies on the proper management and disposition of government records. Out of concern over its ability to preserve electronic records with enduring value and assist agencies with electronic records issues, the State Archives has adapted these guidelines from guidelines created by the Kansas State Historical Society. The Kansas State Historical Society, through the Kansas State Historical Records Advisory Board, requested a program development grant from the National Historical Publications and Records Commission to develop policies and guidelines for electronic records management in the state of Kansas. With grant funds, the KSHS hired a consultant, Dr. Margaret Hedstrom, an Associate Professor in the School of Information, University of Michigan and formerly Chief of State Records Advisory Services at the New York State Archives and Records Administration, to draft guidelines that could be tested, revised, and then implemented in Kansas state government.
Notes
These guidelines are part of the ongoing effort to address the electronic records management needs of Ohio state government. As a result, this document continues to undergo changes. The first draft, written by Dr. Margaret Hedstrom, was completed in November of 1997 for the Kansas State Historical Society. That version was reorganized and updated and posted to the KSHS Web site on August 18, 1999. The Kansas Guidelines were modified for use in Ohio during September 2000
Critical Arguements
CA "This publication is about maintaining accountability and preserving important historical records in the electronic age. It is designed to provide guidance to users and managers of computer systems in Ohio government about: the problems associated with managing electronic records, special recordkeeping and accountability concerns that arise in the context of electronic government; archival strategies for the identification, management and preservation of electronic records with enduring value; identification and appropriate disposition of electronic records with short-term value, and
Type
Web Page
Title
President of the Republic's Decree No. 137/2003 of 7 April 2003: "Regulation on Coordination Provisions in Matter of Electronic Signatures"
translated from Italian by Fiorella Foscarini of InterPARES
Conclusions
RQ The differentiation between internal and incoming/outgoing records, which is related to the complexities and costs of such a certification system, may impact the long-term preservation of heavy-signed and light-signed records and poses questions about different records' legal values and organizations' accountability. The paragraph about cut-back refers to the destruction of documents, not records. It is, however, significantly ambiguous.
SOW
DC Modifies the President of the Republic's Decree No. 445/2000 of 28 December 2000.
Type
Web Page
Title
Legislative Decree No. 10 of 23 January 2002: "Acknowledgement of the Directive No. 1999/93/CE on a Community Framework for Electronic Signatures"
translated from Italian by Fiorella Foscarini of InterPARES
Critical Arguements
CA Italian implementation of E.U. Directive No. 1999/93/CE on a Community Framework for Electronic Signatures. Article 6 (which replaces Article 10 of DPR 445/2000) defines the form and effectiveness of electronic records.
Type
Web Page
Title
President of the Republic's Decree No. 445/2000 of 8 December 2000: "Testo unico delle disposizioni legislative e regolamentari in materia di documentazione amministrativa"
This standard sets out principles for making and keeping full and accurate records as required under section 12(1) of the State Records Act 1998. The principles are: Records must be made; Records must be accurate; Records must be authentic; Records must have integrity; Records must be useable. Each principle is supported by mandatory compliance requirements.
Critical Arguements
CA "Section 21(1) of the State Records Act 1998 requires public offices to 'make and keep full and accurate records'. The purpose of this standard is to assist public offices to meet this obligation and to provide a benchmark against which a public office's compliance may be measured."
Conclusions
RQ None
SOW
DC This standard is promulgated by the State Records Agency of New South Wales, Australia, as required under section 12(1) of the State Records Act 1998.
CA NSW has issued their metadata standard because one of the ÔÇ£key methodsÔÇØ for assuring the long-term preservation of e-records is through he use of standardized sets of recordkeeping metadata. Not only can their metadata strategy help public offices meet their individual requirements for accu
Type
Web Page
Title
Archiving of Electronic Digital Data and Records in the Swiss Federal Archives (ARELDA): e-government project ARELDA - Management Summary
The goal of the ARELDA project is to find long-term solutions for the archiving of digital records in the Swiss Federal Archives. This includes the accession, the long-term storage, preservation of data, description, and access for the users of the Swiss Federal Archives. It is also coordinated with the basic efforts of the Federal Archives to realize a uniform records management solution in the federal administration and therefore to support the pre-archival creation of documents of archival value for the benefits of the administration as well as of the Federal Archives. The project is indispensable for the long-term execution of the Federal Archives Act; Older IT systems are being replaced by newer ones. A complete migration of the data is sometimes not possible or too expensive; A constant increase of small database applications, built and maintained by people with no IT background; More and more administrative bodies are introducing records and document management systems.
Publisher
Swiss Federal Archives
Publication Location
Bern
Critical Arguements
CA "Archiving in general is a necessary prerequisite for the reconstruction of governmental activities as well as for the principle of legal certainty. It enables citizens to understand governmental activities and ensures a democratic control of the federal administration. And finally are archives a prerequisite for the scientific research, especially in the social and historical fields and ensure the preservation of our cultural heritage. It plays a vital role for an ongoing and efficient records management. A necessary prerequisite for the Federal Archives in the era of the information society will be the system ARELDA (Archiving of Electronic Data and Records)."
Conclusions
RQ "Because of the lack of standard solutions and limited or lacking personal resources for an internal development effort, the realisation of ARELDA will have to be outsourced and the cooperation with the IT division and the Federal Office for Information Technology, Systems and Telecommunication must be intensified. The guidelines for the projects are as follows:
SOW
DC ARELDA is one of the five key projects in the Swiss government's e-government strategy.
