Tuesday, November 11, 2008

Recordkeeping for government web information

Archives New Zealand have issued a Request for Proposal for "Development of Web Information Continuity Guide". There is a four page description of the work, available for download from the NZ Government website.
Information produced and maintained on the web as part of public sector business is covered by the Public Records Act 2005. This includes information on public websites, intranets, shared workspaces, wikis, blogs and other types of sites, as well as information in the administrative systems used to run these sites.

Archives New Zealand is receiving increasing requests for advice on recordkeeping for web information. Current guidance contained in the Continuum Recordkeeping Resource Kit was largely developed in 2003 and needs to be updated and expanded to provide more useful support to public sector agencies on strategies and tactics for current web information management that will support the aims of the Public Records Act.

Archives New Zealand is looking for a contractor to undertake the project over the period to 31 June 2009:

Interested individuals or consultancies are invited to submit an expression of interest along with a proposal outlining how you would approach the work and details of relevant experience by Friday the 21st November 2008. ...

From: Development of Web Information Continuity Guide, Archives New Zealand, 21/11/08

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Tuesday, October 21, 2008

Federal Court IT Guidelines Delayed until 2009

The Federal Court of Australia's "Guidelines for the Use of Information Technology in Litigation in Any Civil Matter" were due to be revised by 1 July 2008, but have now been delayed until 2009:
In 2007 the Federal Court commenced a comprehensive review of Practice Note No 17 with the assistance of a consultant, Ms Jo Sherman.

Following extensive consultations with litigants, legal practitioners and others, a draft Practice Note and related materials were finalised by Ms Sherman and referred to the Court's National Practice Committee in mid 2008.

These draft documents are now being reviewed by the Court in light of recent case management initiatives (including the legislative reforms in this area proposed by the federal Attorney-General) and further comments provided by litigants, legal practitioners and others with an interest in the use of technology in legal proceedings.

It is expected that a number of changes will be made to the documents, and that the final versions will be formally released in early 2009....

From: Review of Practice Note No 17 - Guidelines for the Use of Information Technology in Litigation in Any Civil Matter, Federal Court of Australia Practice News No. 59, October 2008

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Wednesday, October 08, 2008

Linear Reading Doesn't Scale

 The Dumbest Generation: How the Digital Age Stupefies Young Americans and Jeopardizes Our Future (Or, Don't Trust Anyone Under 30) by Mark Bauerlein In "Screen no match for the page in education" (Higher Education Supplement, The Australian, 8 October 2008) Mark Bauerlein argues that reading on a computer screen encourages quick skimming and therefore is not suitable for long complex material needed for education. However, reading quickly is not a lesser form of reading. This is a difficult skill needed to solve the problems of the 21st Century.

In my courses on web design and e-document management at the ANU I cite some of the same sources Mr. Bauerlein uses, but reach the opposite conclusion. Jakob Nielsen and Donald A. Norman are sources of inspiration for designing computer based information systems, rather than reasons not to use such systems. Information presented on a screen needs to be designed differently to a printed page.

Carving on stone was the form of communication used for important messages of long term value for much of written history. If Mr. Bauerlein's logic was followed, we should not be using books, as they were introduced for material designed to be read quickly and for short term disposable information. Typefaces such as Times New Roman, evolved from those used for carving on stone, for quicker reading. About the only institution to continue to develop rocks as a means of communcation in the last thousand years is Parliament House Canberra, for which Garry Emery designed a new typeface suitable for carving in stone.

Taking the argument back further, universities should not use books, or printed material at all, as these make the students lazy. We should return to the approach to learning which applied for most of human history, where the teacher recited the text and the students memorised it.

To suggest banning the book in universities is taking an argument to ridiculous lengths, as is proposing to not make use of computers. Computers are a useful way to transmit some forms of information, just as books are for other forms of information. Computers have some strengths and limitations, as does ink on paper.

Universities and academics needs to be able to work efficiently and react quickly, as well as think deeply. This is a necessary aspect of the world they are in. Computer systems offer some ways to make their processes more efficient. What they need to do is critically assess where computers can be used best.

As an example I set students assignments where they are required to carry out analysis of documents thousands of pages long. There is not time to read these documents, just as there is not in the real world the students are being prepared for. There is no option of taking years to read all the documents, as by the time you finished, there would be thousands more documents to read. The students need to learn to use computer based search tools to scan through the text to find relevant sections and then quickly form an assessment by skim reading what is important. They then need to concentrate their attention on the small important parts of the written work.

The web was invented for scholarly communication of science and my collogues are now inviting new technologies which will change the nature of scholarly communication further. Due to the backgrounds of those designing the tools, they will be biased towards scientific communication and may not suit other disciplines in the humanities. Some in the humanities have been engaged in a dialogue with the computer scientists as to what is needed for scholarly communication. If Mark Bauerlein has helpful suggestions, then he should make them. Otherwise he should not be surprised when the system implemented does not meet his requirements.

With more than a little irony, "Screen no match for the page in education"is available for reading online, as is Mr. Bauerlei's book: "The Dumbest Generation: How the Digital Age Stupefies Young Americans and Jeopardizes Our Future (Or, Don't Trust Anyone Under 30)".

A quick scan shows the The Dumbest Generation has 72 references to the Web and 29 to the Internet, but only one to Berners-Lee, inventor of the web. The single reference to the origin of the web suggests it was "hacked together ... as a way for scientists to share research". But if you read the original proposal for the web, ("Information Management: A Proposal, Tim Berners-Lee, CERN, March 1989, May 1990) rather than making the mistake Mr. Bauerlei did of just skimming the Wikipedia entry, you will see this was a carefully thought out proposal, not a hack.

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Tuesday, September 30, 2008

Hansard 2.0: Designing e-Democracy into the new Australian Parliament Hansard

The Australian Department of Parliamentary Services has issued a "Request for Tender for Provision of a replacement Hansard Production System". Hansard is traditionally the published record of what is said in parliament and parliamentary committees. However, Hansard is not a verbatim transcript of what is said. Hansard is already on the web, but as a simple conversion of the previous paper system. There is the opportunity with "Hansard 2.0" to produce a system which makes use of the Web's features to provide a better service for e-Democracy.

The Department of Parliamentary Services have provided a very detailed and clearly written 83 page request for tender document. The document contains a very useful five page glossary, and a ten page introduction to the work of the Department of Parliamentary Services, its work practices and systems, with work flows and metadata. The statement of requirement is twelve pages long.
3 INTRODUCTION 6
3.1 About the Department of Parliamentary Services 6
3.2 Hansard Background Information for this RFT 8
3.3 Hansard Production System – Application Dependencies 11 ...

Statement of Requirement 37
5.12 Overview 37
5.13 Job Creation and Management 37
5.14 Resource Management 38
5.15 Text Creation, Editing and Formatting 40
5.16 Document Management 42
5.17 Publishing 43
5.18 Reporting 44
5.19 Administration and Security 44
5.20 Architecture and Technology 45
5.21 Future Proofing 46
5.22 Project Plan and other Documentation 47
5.23 Administrative and Support Capabilities 48 ...

From: Table of Contents,
Hansard RFT Document, ATM ID DPS08024, Agency Department of Parliamentary Services, 29-Sep-2008
While very clearly set out, the scope of the tender is very limited:
The DPS seeks a solution that better meets the business needs of Hansard by significantly reducing the time taken to produce and publish transcripts, thereby improving Hansard service delivery standards along with maintaining service quality and enabling editors to focus on the more value-added component of their editing work.
What is being looked for is a way to reduce the time needed to produce transcripts. However, this will not necessarily improve the working of Parliament nor enhance democracy. Hansard is not a transcript of what is said in parliament and to design a system as if this is what it was will not enhance the operation of Parliament. A better approach would be to create a system which provides a transcript as one output and then allows this to be enhanced with other information, much as a web based document, such as a Wiki is. The documents used by Parliament could be linked to the transcript, the video and audio of what was said could be linked. The corrections to indicate what the MPs meant to say could be incorporated in the record, without obscuring what they actually said.
Category 43000000 - Information Technology Broadcasting and Telecommunications
Close Date & Time 18-Nov-2008 2:00 pm (ACT Local time) ...

Location ACT
ATM Type Request for Tender
...
Description

The Department of Parliamentary Services (DPS) is seeking a solution to replace its current Hansard Production System (HPS).

The HPS is a document production and management system that interfaces with a number of disparate systems to make possible the publishing of Hansard. It currently incorporates:

1. job creation
2. rostering of editor resources
3. allocation of committee jobs both in Parliament House and interstate
4. production and workflow monitoring of chamber and committee transcripts
5. transmitting of draft transcripts to networked printers, to e-mail accounts and to a web services portal
6. preparation and publishing of documents via the internet and in hard copy
7. document management
8. security access control
9. information management components providing performance data relating to quantity, accuracy and timeliness of work which are the basis for annual reports and management information reporting needs

Conditions for Participation As defined in the Request for Tender documentation
Timeframe for Delivery It is expected that a Contract will be in place by March 2009 ...

From: Request for Tender for Provision of a replacement Hansard Production System, ATM ID DPS08024, Agency Department of Parliamentary Services, 29-Sep-2008



Glossary of Terms
TermDefinition
CATComputer Assisted Transcription using Stenograph shorthand machines.
CPALCentralised Parliamentarians’ Address List.
ChamberSenate, House of Representatives, or House of Representatives Main Committee.
COBWEBCommittee Online Booking Website which enables committee staff to book Hansard and Broadcasting services for committee hearings.
ContractThe Contract which the DPS intends to enter into with any Successful Tenderer, substantially in the form of the draft document at Attachment A of this RFT.
DARTDigital Audio Recording for Transcription (a For the Record (FTR) digital recording solution to record audio from chambers and committees for playback and transcribing by Hansard editors or external providers).
Scheduled to replace current Digital Audio System in early 2009, but reference is generically used to mean current Digital Audio System also.
DocumentIncludes:
  1. Job transcript.
  2. Turn files, which are subsequently consolidated into a transcript.
  3. Incorporated material.
EditTranscribe and check own turn (editor), following which a turn may be subedited.
External ProvidersOutsourced transcription services, i.e. organisations that have been engaged under contract to record and/or transcribe committee proceedings.
FTR (For the Record)Company contracted to provide replacement digital audio system.
GreenDraft speech or question sent to a member of the House of Representatives for review.
GSTGoods and Services Tax levied on the supply of goods and services under the A New Tax System (Goods and Services) Tax Act 1999 (Cth).
HansardTraditional name for the transcripts of what is said in parliamentary chambers and committees proceedings.
HouseHouse of Representatives chamber.
HPSHansard Production System.
In-camera HearingA committee hearing not open to the public and for which the transcript is not made publicly available.
ISRInformation Storage and Retrieval system which generates name ID values for all senators and members.
KPIsKey Performance Indicators.
LoggingCreating a log of proceedings, speakers, interjections, etc. for chamber or committee hearings.
Logical ComponentA portion of text that can be grouped into a single entity, for example a speech or a debate. There may be several turns in a logical component, or several logical components in a turn.
Module systemPrinciples by which Hansard allocates staff/teams to roster segments to cover span of sitting hours.
MonitoringCreating a ‘voiceover’ for committee audio recordings to identify speakers.
Nil TurnTurn that contains no text, coding or other information required for publishing.
Official Hansard
  1. Chamber “book” produced for each week, containing prefatory pages, chamber proceedings and answers to Questions on Notice or Questions in Writing. Previously known as the Weekly Hansard.
  2. Final committee transcript.
OH&SOccupational Health and Safety.
ParlInfoDPS system that provides a common service to support the authoring, collection, management and presentation of web-based parliamentary information and the retrieval of that information.
PCNParliamentary Computing Network.
PinkDraft speech or question sent to a senator for review.
Private BriefingCommittee meeting not open to the public and for which the transcript is not made publicly available.
Proof Hansard
  1. Chambers “book” produced each day, containing prefatory pages, chamber proceedings and answers to Questions on Notice or Questions in Writing. Previously known as the Daily Hansard.
  2. First committee transcript draft.
Public HearingCommittee hearing open to the public and for which the transcript is made publicly available.
Question TimeDaily period in Senate and House during which members ask ministers questions without notice concerning areas within their responsibility.
Properly known as Questions without Notice. Compared with Questions on Notice (Senate) and Questions in Writing (House), which are provided by chamber departments and incorporated, with answers, at the end of each day’s Hansard chamber report.
Question Time Bulk SendSending to all political party leaders and the Presiding Officers of a draft Hansard report of the day’s question time.
Request for Tender (RFT) This document and includes all Stages, Attachments and Schedules.
Roster ComponentSection of a roster to which a resource or resources may be allocated e.g. between noon and 1:00pm or 7:30pm and 11:00pm. Generally is dependent on chamber/committee sitting times and requirement to roster OH&S breaks.
Senators’ and Members’ Services Portal (SMSP)Intranet portal containing a number of ‘windows’ or content blocks that display a variety of information to senators, members and their staff. Hansard Production System currently provides draft Senate and House speeches (Pinks and Greens) to a content block in SMSP.
ServicesServices required by the DPS more particularly described in the Statement of Requirement.
SidenamesSpeaker names set up in chamber and committee transcripts, usually containing metadata, or coding that assists the sending of speeches and Parlinfo searching and indexing.
SMESmall to Medium Enterprises.
SOAService Orientated Architecture.
SOAPSingle Object Access Protocol.
SpeechA speech made, a question asked, or an answer given by a senator or member in a chamber.
SORStatement of Requirement.
Successful TendererThe Tenderer selected to enter into a Contract.
TendererA person who submits a Tender in response to this RFT and includes a potential Tenderer.
TranscriptA Hansard transcript for a chamber or committee, made up of turns created by editors.
Turn
  1. Period of proceedings an editor transcribes– usually 7 ½ minutes for each of the chambers and 5 minutes for committees.
  2. Individual Microsoft Word files that an editor can create and edit. Turns need not be time referenced e.g. a whole job could be one turn.
VRVoice Recognition – most editors use Dragon Naturally Speaking v9.0 to enter text. VR does not mean direct translation of source speech direct to text.

From: Glossary of Terms, Hansard RFT Document, ATM ID DPS08024, Agency Department of Parliamentary Services, 29-Sep-2008

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Wednesday, September 10, 2008

Digital Preservation of e‐Records

Tom Reding, CRM Executive Consultant (Governance, Risk & Compliance), IBM, will be speaking on "Digital Preservation of ESI (e‐Records) for the 21st Century and Beyond" in Canberra, 12 September 2008 at a joint RMAA/ALIA event.

Options, alternatives, and strategies for long term preservation, information lifecycle management (ILM), migration and legal risk associated with migration of information / conversion, strategies for preservation / migration of ESI will be explored and examined thoroughly with the audience. Authenticity, integrity and reliability requirements for digital migration and preservation as well as the ARMA guideline for migration / conversion will be an integral part of the presentation. The functionality of Retention Management vs. Records Management processes and technologies ...

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Tuesday, August 12, 2008

U.S. Court’s Federal E-Discovery Rules

The U.S. Federal Judiciary amended its "Federal Rules of Civil Procedure", 1 December 2007, with more detail on e-discovery. The rules for "electronically stored information" (ESI) are less technically prescriptive than the Federal Court of Australia Document Management Protocol. The US Courts draft "A Practical Guide to Electronic Discovery" (January 2008) defines:
"Writable Electronic Form" means a format that allows the recipient to copy or transfer the text of the document into format that allows the recipient to copy or transfer the text of the document into the answer or response, or permits the answer or response to be typed directly into the document, and thus avoids the need to retype the text.
More useful is "A Practical Guide to Electronic Discovery Under the New Rules", by David Nuffer, United States Magistrate Judge, District of Utah (26 Jan 2008). The Judge mentions Metadata, citing "Discoverability of Metadata", Marjorie A. Shields,2006 A.L.R.6th 6 (2006).

The Judge then discusses the benefits of different formats for documents: Native, PDF Text, PDF Image, TIFF and Paper. Issues include "Need special software?", "E-Search", "Bates stamped", "Identified to original file/author", "As kept in ordinary course", "Identified to requests" and "Familiar". The table is cryptic, but seems to be saying that native formats suite metadata more, PDF and TIFF have the advantage of not needing special software, e-search can be done with native and PDF test formats, legal people need to develop expertise with the electronic formats and negotiation is needed for "Identified to original file/author", "As kept in ordinary course", "Identified to requests". There is no more detail as to what metadata may be required or how the parties exchange it.

Note: "Bates stamped" refers to "Bates numbering" (Bates stamping or Bates coding), which uses a machine to place a printed unique identifier (and optionally a date/time) on court documents. For electronic documents, this implies more than just assigning an external reference number to a document, the identifier must be bound to the document, usually by being included in the same file, so the stamp displays and prints in a similar format to a physical stamp. There are numerous add-on software products offered Bates stamping of PDF and TIFF documents.

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LegalXML Electronic Court Filing Standard

In trying to answer my own question about how the Federal Court of Australia could set standards for exchanging information electronically, I came across the OASIS LegalXML Electronic Court Filing Technical Committee. They have a 55 page LegalXML Electronic Court Filing, working draft (V 4.0, March 17, 2008):

This document defines the LegalXML Electronic Court Filing 4.0 (ECF 4.0) specification, which consists of a set of non-proprietary XML and Web services specifications, along with clarifying explanations and amendments to those specifications, that have been added for the purpose of promoting interoperability among electronic court filing vendors and systems. ECF Version 4.0 is a major release and brings the specification into conformance with the National Information Exchange Model (NIEM) 2.0.


This is accompanied by 1Mbyte of XML definitions of the transactions and metadata. This is much too complicated for what the federal court has in mind, but some of the definitions and techniques may be of use. Also this is not a consensus draft and the committee may be a long way from having a final document, if ever.

The standard includes:

CoreFilingMessage

xsd/message/ECF-4.0-CoreFilingMessage.xsd

CivilCase

xsd/casetype/ECF-4.0-CivilCase.xsd


It also removes some ambiguity over date formats:
  • Calendar date values should be expressed as “CCYY-MM-DD”, with an optional time zone qualifier designated by appending -hh:00, where hh represent the number of hours the local time zone is behind Coordinated Universal Time (UTC).

  • Time values should be expressed as “hh:mm:ss.sss”, with an optional time zone qualifier designated by appending -hh:00, where hh represent the number of hours the local time zone is behind Coordinated Universal Time (UTC).

There is also a useful diagram describing the "Filing Preparation to Docketing Process Model".

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Sunday, August 10, 2008

Web 2 format for Environmental Product Data?

The Department of the Environment, Water, Heritage and the Arts (DEWHA) has issued a Request for Tender for Provision of Desktop, LAN, Helpdesk and Midrange Services. This asks for detailed environmental performance data, so I asked my ANU metadata students how that could be supplied via the web:
COMP6341 students: The Department of the Environment, Water, Heritage and the Arts (DEWHA) issued a Request for Tender for "Provision of Desktop, LAN, Helpdesk and Midrange Services" last week. The 278 page tender document includes extensive and detailed environmental requirements.

Tenderers are required to provide the information specified in the IEEE 1680 environmental standard. The Electronic Product Environmental Assessment Tool (EPEAT) is a spreadsheet manufacturers can use to fill in to rate their products and then upload the results to a central database. The information can be displayed as a web page and can be exported as a spreadsheet.

But less than a thousand computer products are listed by EPEAT. Many more have not been rated using their system and manfacturers may also have to list their products under schemes in Europe and elsewhere. Manufacturers already provide product information on their web sites. Having to supply data in different formats to different rating organisations is an addition burden.

Look at the EPEAT entry for the DELL OptiPlex 745 Energy Smart:

  1. What are some options for marking up the information about the DELL OptiPlex 745 in an HTML and/or XML format, so it could be read by the general public as a web page and also automatically input the databases of different rating bodies? The web page should similar to the ones Dell supplies, but have metadata embedded in it.
  2. What are the benefits of different ways to mark up the metadata?

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Federal Court of Australia Document Management Protocol

The Federal Court of Australia is working on two Document Management Protocols as part of its Document Management, Discovery and the use of Technology in the conduct of Litigation" practice note. The new guidelines were due to come into effect 1 July 2008, but appears to have been delayed for more consultation. So I thought I would give this to my EDM students at ANU to think about as a systems development problem and perhaps help the court.

Here is the draft tutorial question:

The Federal Court of Australia is working out how lawyers can exchange information about some of the large number of electronic documents now used in court cases (called "e-Discovery"). But being lawyers, they have used a lot of words to describe what is an information processing system. This will make for a lot of work for the people who have to implement it and leave room for incompatibility between systems used by different law firms.

Don't try and read it in detail, but quickly look at: "Advanced Document Management Protocol (Example)", Federal Court of Australia, Revision 0.18, 30 June 2008:

  1. What are some of the problems with the metadata and document format specifications of this system?
  2. How would you improve the speculation?
  3. What standards would you suggest the court specify for particular metadata elements and document formats? Give some examples.

If you don't know where to start, look though some of the standards mentioned in the lecture notes.

Some of what I found along the way:

The "Practice Note" gives a general introduction to what the system should do. There is a , there is a checklist for the lawyers to the case to use and a glossary of terms. There are then two protocols defined: Default Document Management Protocol (DDMP) and Advanced Document Management Protocol (ADMP). The advanced protocol is intended for where there are more than 5000 Documents expected.

Comparison of the Default and Advanced Document Management Protocols

Curiously the advanced protocol document is only six pages longer than the default (19 versus 13 pages). Given that much of the information is the same between the two systems, it would be much easier if the advanced description only contained the additions and differences from the default. As it is it is necessary to make a careful comparison of the two documents to see what is different.

The documents use English text to describe the protocols. As a result they cannot be directly implemented by a computer system. English descriptions of the metadata are used. This makes for an imprecise and long document. It would be useful if a specification could be implemented in XML Schema. There are no references to formal standards. As an example PDF is specified, but no particular version of PDF (it might be preferable to use the Archive ISO standard version in this application). The court might choose to use the Dublin Core and other metadata standards recommended by the National Archives of Australia.

The default protocol uses a comma-separated values (“CSV”) format spreadsheet for providing the list of documents. The advanced protocol uses a Microsoft Access Database with four tables.

Default:
The spreadsheet columns required for Document Descriptions is as follows:
(a) Document ID;
(b) Document Title;
(c) Document Type;
(d) Document Date;
(e) Author;
(f) Recipient;
(g) Host Document ID; and
(h) Folder and Filename.
Advanced:
Table NameTable Description
ExportMain Document information
PartiesPeople and organisation information for each Document
PagesListing of electronic image filenames for each Document
Export_ExtrasAdditional data fields for each Document

Export Table
FieldData TypeExplanation – Document Types and Coding Method and possible values
Document_IDText, 255Document ID in accordance with Schedule 1.
Document_Type
Text, 255...
Document_DateDate, 11DD-MMM-YYYY

One point to note from this is that dates are not specified in ISO date format.

Now I wonder what the students will make of it. ;-)

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Friday, August 01, 2008

Technical comparison of ODF and OOXML formats

For some lectures on e-document formats, I was looking to do a comparison of the technical features of the ODF and OOXML document formats. I came across an ODF/OOXML technical white paper by Edward Macnaghten. This is a useful comparison with good detailed analysis using the same documents marked up in the two formats.

Macnaghten points out that ODF makes more use of existing XML and other international standards, whereas OOXML tried to maintain compatibility with Microsoft Office features. An example of this is that ODF uses ISO standard format for dates, whereas OOXML uses an quirky Microsoft format. He also points out that ODF is more verbose than OOXML with its markup, but this makes for a more standard logical structure and the size of the file will be taken care of by the compression used by both formats.

However, I don't agree with the introduction which claims ODF was developed as a vendor neutral standard, whereas OOXML was by Microsoft. As explained later, ODF was derived from the format of Sun's StarOffice product. The details of how this was done are more visible than Microsoft's development of OOXML. But both ODF and OOXML were adapted from existing office product formats.

Both ODF and OOXML suffer from a lack of compatibility with the common web format: HTML. You can't simply open a word processing or presentation document in a web browser, it has to be converted in some way first. The obvious way to do this would be to base the word processing and presentation formats on XHTML. That way the documents could be made compatible with web browsers. It would be much more difficult to use XHTML for the spreadsheet format and there isn't a really good reason to do that.

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Thursday, July 31, 2008

Australian electronic court system

eCourtThe Federal Court of Australia has introduced an electronic court system eCourt. An interesting aspect of this is that the system is available to litigants (that is people going to court), as well as their lawyers, the judges and their staff. Documents and case details are limited to the relevant parties.

The court has taken a relatively pragmatic and low-tech approach to the e-Court. As an example, e-documents must be "sent" via the Court's home page. Essentially the documents are just uploaded as files to the court web system. There is no provision for emailing documents. eDocuments must be capable of being printed: that is the court doesn't want exotic electronic only formats, just equivalents of paper formats. Those lodging are asked to keep paper copies of the documents (thus assuming paper copies are possible).

Document are not accepted automatically, but have to be checked by a person and are only checked during office hours (thouse after 4:30 pm are considered received the following business day).

Electronic forms supplied can't be filled in using the online system. They have to be downloaded and edited locally using additional software. Forms are provided in PDF and RTF and are not intelligent (needing to be filled in manually or by a program emulating a human operator). Documents can use RTF, PDF, TIF, GIF, JPEG and "any version" of Microsoft Word. Zipped (compressed) files are permitted. It appears that the contents of the documents are not automatically tagged for incorporation into legal workflow systems and must be manually processed when received.

Digital signatures are not used for the documents. Instead a digital image facsimile of the persons autograph is used as a signature. This technique obviously is of little value to authenticate a document. It must be assumed that the user ids and passwords used for the web lodgment system and the encryption used to protect the upload is sufficient. The Court uses SSL encryption (key length?). Apart from this no form of cryptography or other techniques appear to be used to check the integrity of documents against accidental damage or deliberate tampering with documents.

Affidavits are only accepted electronically as "... an image of the document in an appropriate format". This is presumably done on the assumption that it is harder to forge an image of a whole page, than a word processing document which has the image of an autograph pasted into it. While it is more difficult to fake a whole page, it is within the competencies of the average computer literate teenager.

What is incorrectly described as a " file size" has not been set for e-documents at 100 printed pages equivalent.

The Court Registry provides the person submitting the document with a "stamped" copy of the document by email in PDF format. It is not clear what security measures are applied to the emailed document and why the same web interface is not used for returning documents (given the Court does not accept them by email).

Also the Federal Court of Australia is revising its "Practice Note No. 17. Guidelines for the use of information technology in litigation in any civil matter".

By mid 2008, the following were available:

  1. eSearch: public to search of cases.
  2. eFiling: litigants and legal representatives can lodge Court documents , including applications, electronically. The web based system includes an online guide and credit card payment facilities.
  3. eCourtroom: virtual courtroom for pre-trial matters, such as directions and orders by a Judge, with parties and legal representatives participating online.
  4. eCase Administration: for legal practitioners and parties to communicate with court chamber staff securely.
  5. Commonwealth Courts Portal: Web-based services for judges, lawyers, litigants and court staff of the Federal, Family and Magistrates courts. This provides information on current cases before the courts, cases for particular judges, lawyers or litigants, documents filed and orders made.

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Monday, July 28, 2008

Federal Court of Australia guidelines on electronic discovery

The Federal Court of Australia is revising and extensively expanding its guidelines on e-Discovery: "Document Management, Discovery and the use of Technology in the conduct of Litigation" . The new guidelines were due to come into effect 1 July 2008, but appears to have been delayed for more consultation (latest draft is Revision 7, 1 July 2008). Until then the guidelines issued 20 April 2000 are being used: "Guidelines for the use of information technology in litigation in any civil matter".

Discovery is the process by which parties to a civil court case look for relevant information the other party may have. This used to involve a visit to an office and lost of photocopying. With e-discovery the emphasis is on searching electronic record archives, email and other databases. Rules are needed to prevent the legal process being swamped with irrelevant detail.

As well as the "Practice Note" itself, there is a checklist, glossary and two document management protocols. The Advanced Document Management Protocol (ADMP) is intended for where there are more than 5000 Documents expected:
  1. PRACTICE NOTE 17 - As updated 30 June 2008
  2. PRE-DISCOVERY CHECKLIST - As updated 30 June 2008
  3. GLOSSARY - As Updated 30 June 2008
  4. DEFAULT DOCUMENT MANAGEMENT PROTOCOL - As updated 30 June 2008
  5. ADVANCED DOCUMENT MANAGEMENT PROTOCOL - As updated 30 June 2008

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