III.  Technology Battlefields

E.  Time-Date Stamping

PKI cannot by itself provide a non-repudiatable time-date stamp in a message, because the sender and his computer cannot be prevented from falsifying the apparent time-date stamp.  A trusted third-party time-stamping service is needed to provide the WHEN as a supplement to the WHO and WHAT of digital signatures.


March 15, 2000 - Article in CIO Magazine, "Time is of the Essence:  Electronic Documents Will Stand Up in Court Only If the Who, What and When They Represent are Unassailable."   by Charles R. Merrill, Esq.  of McCarter & English LLP.   Robert Burger, Esq., a member of the Computer and High Tech Law Practice Group at McCarter & English, contributed significantly to the preparation of this article.

July 13, 1999 - White paper, "Time is of the Essence: Establishing the Critical Elements of Electronic Commerce,"  prepared for Surety.com, Inc. regarding the e-commerce synergy between the WHEN and WHAT of  trusted time-date stamping (TTDS) technology and the WHO and WHAT of public key infrastructure (PKI).  By Charles ("Chas") Merrill of McCarter & English LLPRobert Burger, Esq., a member of the Computer and High Tech Law Practice Group at McCarter & English, contributed significantly to the preparation of this paper.

June 22, 1995 - "The Digital Notary (tm) Record Authentication System - A Practical Guide for Legal Counsel on Mitigation of Risk from Electronic Records." A white paper prepared for Surety Technologies, Inc. by Charles ("Chas") Merrill of McCarter & English LLP (currently under revision).