Web currents [Dec. 2000]

Web Currents

December 2000

A Publication of the Administrative Office of the Georgia Courts www.georgiacourts.or g

Vol. 1 No. 4

Web Design Consortium Operational

The electric hum of "Symposium 2000: Meeting the Justice Needs of Multi-Cultural Society in the 21st Century" has begun to dim. Of the many problem areas identified, discussed, and debated during the conference, none is more important to the judiciary than opening avenues of access to the courts and maintaining public trust and confidence in the courts. Presentations focused on how to overcome the many obstacles impeding the achievement of this critical objective. Internet interaction and communication was one solution offered to enhance citizen trust and confidence in the judicial system.
The Administrative Office of the Courts of Georgia has begun operation of the Web Design Consortium. Professor Rebecca Davis, Esq., of Georgia Southern University, Professor Merle King of Kennesaw State University, and Instructor Karen Carpenter of West Georgia Technical College are directing the development of web pages for the courts and judi-

cial agencies in their areas. The web sites will focus on adminis-
trative matters such as working hours of the court, directions to the courthouse, parking accommodations, court calendars, and directories of
Clockwise: Professor King reviews a web page; Professor Davis and design team meets with Nolan Martin, 8th DCA; Instructor Carpenter monitors web development.
court personnel. AOC staff, project directors, and students participating in the Consortium have begun meeting with judges, administrators, and agency representatives to plan new court web sites. Mr. Jay Martin, Interim Director of the AOC, stated, "I am pleased with the response from the judicial community to the Web Consortium; I expect that the requests will accelerate as time passes."
Professor Merle King and his team are hosting the Judicial Branch of

Georgia website at Kennesaw State University. Professor King has a web development laboratory that can show the web pages on just about any web
browser. This enables his team to test the "look and feel" of web sites prior to being posted to the World Wide Web ensuring that almost every web user can see the pages as designed.
Members of the judicial community are encouraged to contact Greg Arnold, AOC Webmaster, to schedule a meeting to discuss your web design needs. Call Greg at 404-656-6413 or page him at 404-382-5315.
WEB CURRENTS
History of Legal XML . . . . . pg. 2 LaGrange Offers Free Web . pg. 4 Tangled in the Web . . . . . . pg.5 Digital Signature Bill . . . . . . pg. 7 Personal Digital Assistants . pg. 8

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History of Legal XML

December 2000

Foreword from the Web Master The following article explains
the history of Legal XML. It may answer some of your questions. "Who created Legal XML?" "Who says that I have to use the standards?" "Who created the standards?"
Winchel "Todd" Vincent
The "Legal XML" idea is not new or original and, in fact, has a dated history. In 1974 Charles F. Goldfarb, a lawyer, invented Standard Generalized Markup Language, SGML. SGML became an international standard in 1986 (ISO 8879). In 1987, Alan Asay, a brilliant lawyer and technologist, created civil and criminal SGML document type definitions, DTDs for the Utah state courts. Alan Asay also wrote Utah's original Digital Signature Act, the first of its kind in the world. These two visionaries and inventors planted the original Legal XML seeds.
Over ten years later, in February 1998, the World Wide Web Consortium, W3C, recommended eXtensible Markup Language, XML, as a standard. XML is a subset of SGML. XML has 80% of SGML's power and is backwards compatible, but is easier to use than SGML.
In February 1998, twenty-five lawyers, court administrators, and

technologists participated in a virtual electronic court filing seminar hosted by Counsel Connect. During the seminar, John Messing suggested that XML be used as a basis for a standard legal document format for court filings. John attributed the idea to Winchel `Todd' Vincent, with whom he had had previous conversations on the subject. Todd got the idea from doing research, which included reading articles by Alan Asay.
Some people in the forum had never heard of XML. Some joked that it must be some sort of new religion. Some thought that XML was simply another hyped Internet technology that would likely have a short life and early death. Nevertheless, eleven people joined together to form the "Legal XML Workgroup." The Utah Electronic Law Partnership, UELP, headed by Brent Isrealsen, hosted the original Workgroup. Unfortunately, the Workgroup never did any real work. The idea, simply, was not ripe. Legal XML did not yet have a following.
Georgia State University's Electronic Court Filing Project, led by Todd Vincent, was an original member of the UELP Legal XML Workgroup. Throughout the spring and summer of 1998, Todd promoted the idea of Legal XML standards. In late 1998, Gabe Wachob at FindLaw and Todd at Georgia State partnered

in an effort to revive the Legal XML Workgroup. Georgia State University created and hosted a "developers" mailing list for people who were interested in developing Legal XML DTDs and related standards. A short time later, FindLaw created and hosted a "general" discussion mailing list for people who were interested in standards, but who were not interested in reading the technical details.
Independently, during the summer of 1998, Rich Himes of the New Mexico Federal District Court, another brilliant technologist and a colleague of Alan Asay, was developing XCI (XML Court Interface). XCI is java-based software that uses XML to transmit documents and data into a court. XCI has now become OXCI, an acronym for "Open XML Court Interface," an open source software effort. OXCI is not organizationally related to Legal XML, although most of the people in OXCI participate in Legal XML and OXCI uses the Legal XML court filing proposed standard.
During the summer of 1998, Nick Finke was also doing important work at the University of Cincinnati's Center for Electronic Text in the Law. In the summer of 1998, Nick and Todd met in Cincinnati to discuss Legal XML.
The Georgia State Legal XML developers mailing list began in November 1998 with seventeen members. Rich

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3

History of Legal XML (cont.)

Himes, Nick Finke, and John Messing were among the original members. By March 1999, membership had grown to forty-five. Traffic on the mailing list contained many great ideas, but there was little structure or organization. It was clear that the group needed a charter to define its mission and scope, among other things. The group created a draft charter and defined its scope broadly to include not only court filings, but also pubic law such as bills and statutes and private law such as contracts.
By the summer of 1999, the developers list had grown to around sixty people. By this time, active members were creating and donating markup and stylesheets. Rolly Chambers, one of the group's few real live lawyers and an avid technologist, made significant and outstanding contributions. Other members were not contributing, however, but were taking advantage of the shared knowledge. It became clear that if the group's mission was to create standards, an intellectual property policy needed to be developed. To enforce the intellectual property policy, there needed to be enforceable legal agreements among members. At the same time, the volume of intellectual property being donated to the list required some formal process for submitting, organizing, and vetting ideas. There was also a growing need for a face-to-face meeting, administration, and sponsor-

ship. In short, the group needed governance and structure. It needed legally enforceable Operating Rules.
On the political front, James Keane, an active member of the American Bar Association and, at that time, an independent consultant, organized the first of several "XFiles!" meetings. The March 1999 ABA Techshow XFiles meeting was the first time that interested high-level industry players sat in the same room to discuss the issue of XML standards. Competing interests and ideas were evident and there was tension as a result, but the meeting was a huge success.
On September 15, 1999, the first day of the National Center for State Courts CTC6 Conference in Los Angeles, CA, John Grecean, New Mexico State Courts and head of the Joint Technology Committee, a joint committee of COSCA and NACM, announced JTC's intention to develop XML standards for court filing.
Two days later, on September 17, 1999, Legal XML held its first face-toface meeting. Jim McMillan, National Center for State Courts, sponsored the meeting, which immediately followed CTC6 in Los Angeles. DRAFT Operating Rules had been written in anticipation of the meeting. The purpose of the first face-to-face meeting was to vet the DRAFT Operating Rules and give technical presentations.
Attendance at the first Legal XML

face-to-face meeting was overwhelming. Forty-two (42) newcomers attended the meeting, including John Grecean and other members of JTC. Seventeen (17) existing members attended the meeting. Among the attendees, there were also two representatives from the American Bar Associations' Standing Committee on Technology and Information Systems (SCOTIS). There were also four Australians, Allison Stanfield, Eddie O'Brien, Chris Priestley, and Jo Sherman. Allison was the first female Legal XML member as well as the first Australian Legal XML member. Debate at the meeting was lively. There was controversy over the DRAFT Operating Rules and its intellectual property policy. The newcomers, especially, were not familiar with the idea of General Public License or "copyleft." There was a cry from government attendees that all intellectual property ought to be released into the public domain. continued on page 6
Linux: Putting our
Confidence to Test
Since September 13, 2000, the Judicial Branch of Georgia website -- www.georgiacourts.org -- has
been running on a Linux web server. The transition from a Unix
server was practically error free.

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WEB CURRENTS

December 2000

Pass the Internet Please!
LaGrange Serves the Internet on a Silver Platter to its Citizens

The "digital divide" was a hot topic at "Symposium 2000: Meeting the Justice Needs of Multi-Cultural Society in the 21st Century." This "digital divide" refers to those in our society who do not have access to technology and the Internet vs. those who do. The poor and racial minorities, among other groups, are on the "do not have" side of the great divide. The consequences are incalculable.
A preeminent program to obliterate the "digital divide" has emerged in LaGrange, Georgia. This small, innovative city, located 60 miles southwest of Atlanta, has captured the interest of the international community. The city and the local cable franchise, owned by Charter Communications, have united to spawn the LaGrange Internet TV initiative to provide free Internet access to all cable-television subscribers in the city. Jeff Lukken, the mayor of LaGrange, said the city's plan to bridge the digital divide was developed around two principles: "Time is of the essence" and "no one gets left behind."
Approximately 10,500 households will be connected without the need for a computer or modem. The custom settop boxes will allow citizens to search the Web and send and receive e-mail

using a wireless keyboard that will be provided to cable service users. The boxes will connect into a two-way, high fiber coaxial network. Web browsing requires an ISP; so, WorldGate Communications Inc.'s "Internet on Every TV" service will provide the coverage and supply up to five e-mail accounts per household. A pre-installed SurfWatch filtering software on the custom browser will screen material.
Internet access will be offered free to any cable subscriber in LaGrange. Citizens who would like to subscribe, but cannot afford it will be offered cable at a subsidized cost. The city of LaGrange is making this grand effort to provide Internet access to all its citizens because Mayor Lukken and Joe Maltese, director of Community and Economic Development for LaGrange, view this initiative as an economic investment. Currently, LaGrange has more Fortune 500 companies per capita than any other U.S. town its size. The town hopes that increasing access to the Internet will help create an Internetproficient workforce that will continue to lure high-tech companies.
LaGrange will not only install the Internet in homes but train citizens on use of the Internet. According to Lukken, the city will communicate with

users through e-mail and an updated list of the best web sites to visit.
The new network in LaGrange will create an infrastructure that is capable of supporting an e-democracy. City government responses to its citizens should be accelerated as many routine transactions will be moved from waiting rooms or telephone lines to the Internet. Fines and forfeitures will be processed on-line at the municipal court. Police reports, utility bills, and other information can be accessed. "Our school system is very, very excited about this." Lukken said. "They plan on putting homework assignments and tutoring programs on the Web."
Judge Allen B. Keeble, of the Coweta Judicial Circuit, does not foresee direct gains for the court system from the free Internet service; but, he does believe that more knowledgeable constituents will have an indirect impact on the local court system. "Several untested opportunities have yet to be explored such as court calendars, jury duty times, juror requirements and instructions for jurors, grand jury presentments, etc.," Joe Maltese said. "Eventually, those opportunities can be developed to enhance court operations and public comfort and awareness of the role the courts play in their lives."
continued on page 8

Internet Voting Revisited

Recently the Reform Party announced plans to use an online company to allow for Internet voting in its 2000 presidential nominating primary election. In the past year, both the major parties have experimented with Internet voting. In January, the Alaska Republican straw poll took place and in March the Arizona Democratic Primary were held online.
The Alaska straw poll for the

unimpressive results. The poll did not experience any difficulties, and everyone who wanted to vote did so. However, only 35 people participated in online voting. The Arizona Democratic Primary took place both online and at traditional polling places. Internet voting was not successful because voters had trouble accessing the site and others lost or failed to receive their personal identification number (PINs). Many ended

In addition, none of the results from the online election matched the actual voting reports. Online voting companies insist that they are prepared to handle a large election despite past results. They point out that no security breaches have occurred during these polls. Government officials believe that Internet voting should be implemented slowly to ensure that the votes are secure.

December 2000

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5

TELE-WORKING: MYTH CONFRONTS REALITY
It sounds too good to be true. You connect to your office computer and work from home or from a remote location. You create documents, edit reports, merge databases, and manipulate spreadsheets; then save the files and e-mail them to your home office.
But don't try to get on-line from the Westin Bonaventure in Los Angeles. After the signal leaves your room, crosses the switchboard, and gets to the street, the best speed that you can expect is 14.4 k. If you go to the hotel computer center to get on a T-1 line to save the file to a disk, they may not have a T-1.
Make sure that you have the local access number before you leave home. Ask the facility if they have fiber that passes from the room to the Internet without being intercepted by the front desk.
SECOND ROUND - WINDOWS MILLENNIUM (WINDOWS ME) HYPE
A Sneaked and Short Preview Windows Me is not for you on the
bench or at your customer service windows at work. Microsoft plainly states most of the new, cool stuff in Windows Me is strictly for fun.
Some FACTS: 1. Windows Me looks and acts a lot like Windows 98. It is a major upgrade that will present new multimedia tools, a new Home Networking Wizard, and changes to the system design that should help avoid some of

2. Windows 2000 supports large networks in the business environment and has a voracious appetite for more and more hardware resources. Windows Me is for the home user, and suitable for multimedia and games.
3. Will your old software run as advertised under the Windows Me operating system? The best answer is a qualified probably. Be careful if you are running programs that respond to system crashes like Norton Utilities or anti-virus programs such as McAfee. Scanners and digital cameras should pose little compatibility issues. Windows Me has included over 100 drivers for these devices. 4. Windows Me will have some of the same system crashes as Windows 95 or 98. The operating system will have a new gee whiz system restoration program - so maybe it will be easier to recover.

5. Windows Me will run at about the same speed as Windows 95 or 98.
6. The bottom line is ? About $50 if you upgrade from Windows 98.
SHOCKED BY THE WEB, or FEAR AND LOATHING OF CURRENT TECHNOLOGY
Hardly an issue of a web-related publication hits the streets with out an obligatory article detailing fear of the web. It looks like some people just flat out refuse to get "connectivity" in their lives now or later. The Pew Internet and American Life Project recently found that more than half of American adults who don't use the Internet have little or no desire to get online. Nearly 50 percent of American adults don't get online and 32 percent
of that group said they definitely won't be heading to the Internet. Fifty-four percent of those not online think it's dangerous and 51 percent don't think they're missing anything. While almost 75 percent of nonusers more than 50 years old don't plan to log online, only a third of their younger counterparts plan to remain without access to the Internet.
Administratively these numbers present the court with another digital divide beside those of race, ethnicity, and poverty. The real hazard is fear and loathing of the Internet will mean that full utilization of the technology will be delayed.
Swept away by "Un-Security," or the Tide Rolls Outward
continued on page 6

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December 2000

History of Legal XML (cont.)

Fifty new members joined the Legal XML mailing lists immediately after the face-to- face meeting. An intense debate ensued over the Legal XML intellectual property policy. One of the primary issues was whether the JTC XML Court Filing effort should join with Legal XML to develop a standard together. JTC representatives, who were primarily government employees, were concerned about the appropriateness of retaining intellectual property rights in the standard rather than publishing the work into the public domain.
In October 1999, Georgia State University Research Foundation, Inc. agreed to become the Legal XML "Intellectual Property Steward." Members contract with the Research Foundation. The Foundation holds intellectual property on behalf of Legal XML members and then licenses the intellectual property to the public perpetually, for free.
On November 4, 1999, the JTC held its first Court XML meeting in Albuquerque, New Mexico. Sixty people attended the meeting. At that meeting, John Greacen announced that JTC would work with Legal XML. John Greacen would lead the JTC effort and would act as Chair of the Legal XML Court Filing workgroup. This was a major breakthrough for Legal XML, because it was the first partnership between an existing organization with subject matter expertise and Legal XML. At this meeting, it was also decided that there would be several phases of the Court XML standard. In December 2000, JTC officially decided to partner with Legal XML.
In January 2000, the Legal XML Transcripts Workgroup, headed by Davin Fifield and Eddie O'Brien (also Australian), met in New York. Nine people attended, including David Wacht from the National Court Reporters Association. The Cour t

Filing Workgroup also met in January in Phoenix, AZ.
In early March 2000, Legal XML held its second face-to-face meeting in Atlanta, Georgia. Forty-nine people attended the meeting. Several workgroups met face-to-face, including Court Filing, Transcripts, Contracts, and Public Law. At this meeting, members decided to form an Organizing Committee that would help to continue the development of Legal XML as an independent nonprofit organization.
On March 22, 2000, the Court Filing Workgroup published a first draft of a proposed standard. On March 31, 2000, the first Legal XML Organizing Committee meeting took place in Chicago, Illinois, at the ABA Techshow. Jim Keane hosted the meeting. Thirty-five people attended the meeting, although only twentyfive people were invited. At the Organizing Committee meeting, members decided to form three subworkgroups. Attendees agreed to draft and publish recommendations on several topics by May 1, 2000. Attendees agreed to meet again in Los Angeles, on or around June 20, in conjunction with LegalTech for further face-toface discussion. The Court Filing Workgroup met again in May in St. Louis, MO and in June in Dallas, TX.
The Organizing Committee met for a second time in June 2000. There was broad consensus that Legal XML should become a non-profit organization and charge a membership fee. The Integrated Justice Workgroup held its first meeting in June, 2000 in Dallas, TX. Approximately twenty people attended the meeting.
In July 2000, a German Legal XML, Lexml.de, held its first face-to-face meeting in Berlin, Germany. Approximately fifteen people attended the meeting. At the meeting, members decided to partner with Legal XML in an attempt to explore the

possibility of developing non- English international standards.
Recent meetings included Integrated Justice, August 18, 2000, Atlanta, GA; Lexml, on September 22 in Saabruecken, Germany; future meetings will include Australia Workgroup, October 2000, Melbourne, Australia; Court Filing Workgroup, October 16-17,2000, Sante Fe, NM, and a full Legal XML face-to-face meeting either in November or December 2000 at a place to be announced.
(cont.)
SWEPT AWAY BY "UN-SECURITY," OR THE TIDE ROLLS OUTWARD
Most successful hacks into a wellprotected system result from lack of security within the organization. Users in the courts should be cautious about sharing passwords with others the best recommendation is DO NOT GIVE OUT YOUR PASSWORD.
Select your password carefully and change it often if your system administrator allows it. Visa credit card security experts have spent some time studying passwords.
19 % of users select their name or nickname; 11 % of users choose their partner's name or nickname; 11 % of users pick their birth date or zodiac sign; 8 % of users go with the name of their favorite sports team; 8 % of users will select the destination of their next vacation; 5 % use their favorite pop star, and another; 5 % will list their hometown.

December 2000

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7

Digital Signature Bill Signed into Law

Congress and President Clinton acknowledged the significance of digital signatures in the emerging Internet economy by passing a law that makes digital signatures legally binding. President Clinton first signed the bill by hand and then signed it electronically to demonstrate the digital signature technology. Importantly for the judiciary, court orders and other judicial instruments will still have to be signed by hand. The new law will make more sophisticated transactions possible over the Internet since contracts and other documents signed digitally will be legally binding. Rather than keeping files on paper, companies will be able to keep files in electronic form and make contracts and other transactions available on the Internet. Documents and files that are currently kept in boxes and file cabinets can be replaced by digitally-signed electronic versions.
Order Your
Courts

Georgia and a few other states already recognize digital signatures as legally binding. Currently in Georgia, courts in Chatham and Fulton Counties already allow for e-filing and paying fees and fines over the Internet.
The new electronic signature law does not overlook consumer privacy and protection. Companies are

required to offer consumers the option of electronic records. Companies also must devise rules and procedures by which customers may decline or take back their consent. Regulators will have until March 1, 2001 to create rules and protections for companies that choose to keep records in electronic format. M.B.

Legal Tech Attendees Talk
Over 150 participants responded to a survey conducted at the June 2000 Legal Tech Conference in Los Angeles. Of the 152 respondents, 62 or about 41% were directly involved in practice as lawyer, paralegal, or firm administrator; 43 of the 152, or 28%, reported being active litigators. A strong majority of the respondents, 69% stated that keeping up with and adopting emerging technology was one of the challenges confronting the legal profession today. A decisive number of the participants, 88 or 60%, agreed with the statement that implementing technology has contributed a great deal to enhancing the way their firm or organization works with its clients.
Internet Usage Almost 66 % of the 147 people comparing Internet usage this year with last
year said they are using the Internet much more. Of the group, 65% said they use the Internet for research, and almost 11 % share documents or collaborate on projects. Internet use was reported at over 6 hours per week, and 54 % of those answering reported that e-mail had the most positive impact on their work environment when compared to the Web, inter- and extra-nets, or webbased applications.

Directory On-Line
By now you should have received your 2000-2001 Georgia Courts Directory. Inevitably, someone will want your copy or ask how to get a copy. Now you can direct prospective buyers to www.georgiacourts.org where they can order the Courts Directory on-line. The e-commerce solution has been opera -

COMMENTS FROM THE WEBMASTER
This extract from the survey "Technology's Impact on the Practice of Law Leadership Survey" confirms trends that are apparent in the business sector nationally. Computer usage has emerged as a set of tools that exceed anything that could have been imagined when the correcting typewriter hit the market.
Quite a few of the 50 respondents were from small firms and most of them reported using the Internet to get their work done. The survey results and observations seem to clearly indicate that high-tech legal offices are not the exclusive domain of the large firms with multiple locations.
Large, medium, and small law firms are continuing to automate at fairly rapid pace. The session on e-filing was standing room only and many of the participants remained to ask questions after the session was completed. One of the frequently asked questions was, "When can I use e-filing?" Beyond the wires, networks, and routers, the courts need to begin serious planning of policies and procedures to ease the courts and attorneys into the bold new electronically-active judicial community .

Personal Ditigal Assistants, or

My Palm Has a Virus

Personal digital assistants (PDAs): just another techno-gadget or a real time-saver? Using your PDA means no more pages falling out of your pocket calendar, no more trying to synchronize the calendar on your desk with the calendar your secretary keeps.
Now when you open the desktop version, make entries, perform calculations, or edit records and press the hot-sync function, magically, your PDA and your computer have the same information. If your PDA has a modem, e-mail, airline reservations, and the stock market are readily at hand. But PDAs are vulnerable to computer virus attacks. The first PDA virus has been named Timfonica. If your PDA does not have a wireless modem, review the anti- virus software on your desktop. Make sure you have the latest updates, do not load data from sources that you are not

absolutely sure of, and make sure that your anti-virus software scans all incoming e-mail. Symantec, the developer and distributor of Norton Anti-virus, is busy developing software for PDAs as we speak.
LaGrange Offers Free Internet (cont.)
The LaGrange Internet TV initiative will expose citizens to a casual form of technical training within the comfort of their homes and provide an elevated standard of education for their children. This prototype of an electronically connected city leads the world in its determination to fully harness the power of the Information Age. We salute Mayor Lukken's city for its positive advancement towards the annihilation of the "digital divide." R.C.

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