FAQ for the OASIS Lawful Intercept XML (LI-XML) Technical Committee Q1. What prompted the formation of this TC? A. The TC was formed to meet critical needs emerging from several converging developments. The principal need was to provide a universal global framework capable of supporting Law Enforcement Agencies' rapid discovery and sharing of criminal and terrorist evidence through network database queries and Lawful Interception. Other significant developments prompting formation of LI-XML included: 1) multiple government legal mandates and initiatives in the U.S and Europe, 2) the maturity of other OASIS XML standards activities in the Justice, Court Filing, and authentication sectors; 3) customer requirements for authoritative XML translations of stable Lawful Intercept standards developed in ASN.1 in other forums and interoperability among those standards; and 4) the emergence of national service bureaus and a Lawful Intercept industry as a means of cost effectively facilitating network provider and LEA requirements. Q2. What are these new government legislative developments? A. The most prominent new development is the Homeland Security Information Sharing Act of 2002, passed on 19 Nov by the U.S. Congress and signed into law on 25 Nov. The Information Sharing Act is a part of the Homeland Security Act which also has provisions relating to Information Analysis and Infrastructure Protection. These apply to the LI-XML work. LI-XML is directly relevant are the U.S. E-Government Act of 2002, passed by the U.S. Congress on 15 Nov 2002 - intended to facilitate the filing and authentication of court documents, as well as information sharing within the government, and developing the technologies among federal and state government and the private sector. Comparable new legislation exists in many other countries. Q3. What other technical and legal developments underpin the LI-XML work? A. The availability by criminals and terrorists of new "always on" instant network access technologies and convergent voice-messaging-multimedia services across multiple national and local jurisdictions create an enormous challenge for Law Enforcement Agencies. The ability to detect, comply with legal process, and implement evidence discovery tools has become extremely difficult. A variety of multilateral and bilateral agreements and conventions provide for Mutual Assistance in Criminal Matters are being updated to deal with these new challenges. The LI-XML global framework is being designed to also support these intergovernmental requirements. Q4. How will the LI-XML work benefit private-sector companies? A. Lawful Intercept requirements apply to all providers of electronic communication services worldwide. Even in the U.S. where ISPs somewhat uniquely are presently exempted from a LI capability requirement, compliance with an intercept discovery order is mandatory. The tens of thousands of these providers, as well as the vendors of Lawful Intercept systems, benefit by having uniform XML schema that facilitate fully electronic receipt, authentication, and implementation of lawful process. This process also includes the sizable and rapidly growing requests for account information and subpoenas for user detail records. At present, this activity is primarily paper-based. It is costly to implement and difficult to authenticate. What standards exist are either proprietary, or one-off arrangements between every different LEA and communication service provider, or non-compatible national monitoring facility "handover" interfaces and protocols. A common global framework for XML schemas that meet the requirements of every jurisdiction and provides a bridge translation to existing protocols will significantly drive down the costs of both individual communication service providers as well as national service bureaus that act as their agent, such as VeriSign. Q5. How will the LI-XML work benefit the law enforcement and justice systems? A. The same paper-based, as well as non-existent, inadequate, or incompatible specifications for engaging in the LI discovery process described above, results in significant delays, frustrations, and costs for law enforcement authorities. Equally important, it precludes the effective sharing of information that led to recent passage of the Homeland Security Information Sharing Act. Because the LI-XML framework is part of the LegalXML programme and primarily oriented to support an end-to-end legal process where law enforcement, justice, and security agencies are the principal customers, they will be significant beneficiaries. The Technical Committee is also leveraging existing mature LegalXML work like the Electronic Court Filing Standard so that LI schema will be broadly compatible with emerging E-Government standards. Q6. How will LI-XML work benefit the public? A. The general public will benefit indirectly through lower costs for performing necessary law enforcement and national security at less cost. The public will also benefit from the enhanced effectiveness by which these communities can perform their jobs. The significant additional precision, authentication, and audit features built into the framework will provide the public with greater trust in a traditionally sensitive area involving legal discovery.