Posted by Linda_in_MI on 9/23/09 4:32am
Msg #304642

Electronic signatures make it to the court system

This article came up through a filter I have on my gmail account and tells of a District Court judge who utilized electronic signatures for a court decision. But while reading the story--especially where the Entrusted Enrollment Agent not only identified but authenticated the individual-- I had to ask: as a notary, I think I know how to properly identify someone, but how does one authenticate an individual? Or do I have to take the course and get certifiied by the NNA to find out? Have I been so out of the game that this latest by the NNA is nothing new?


"The action signals a groundbreaking opportunity for U.S. courts which, despite the widespread use of electronic filing systems, still require handwritten signatures by judges on paper. The ability to implement reliable digital signatures for court filings closes this disconnect, while providing the legal confidence necessary to admit into evidence documents that have been signed electronically.

Facciola received his signing credential -- an electronic identity referred to as a digital certificate issued in a highly secure manner -- after his identity was authenticated by a Trusted Enrollment Agent(TM), a Notary Public certified and trained by the NNA in identification and authentication of individuals. "

http://www.earthtimes.org/articles/show/us-district-court-federal-magistrate,966912.shtml

Reply by BobbiCT on 9/23/09 6:57am
Msg #304644

Civil Court filings depend on your state ...

Most civil courts now have some or all eFilings and on-line listings of cases and information.

For example, by December of this year CT will have almost 100% of its civil cases being eFiled. The difference between "mortgages" and "court cases": the filings are by registered CT attorneys who have CT juris numbers assigned to themselves or their law firms. Not every document requires a notarization or "digital certificate." Federal bankruptcy cases are already eFiled.

What you need to check in your state: Check with law firms or your local civil Court Clerks and ask How Many of the documents eFiled in Court require notarization. Check with law firms to see if they are using a "notary employee (secretary or legal assistant) or hiring an outside notary. For example, most clients signing documents in connection with a lawsuit do so at their lawyer's office (because he is explaining the document and giving legal advice), so an employee notary is available at No Extra Cost to the lawyer or client.

The Trusted Enrollment Agent sounds interesting. However, I would want to know if there is a need for one in my "area," as an employee or as an independent contractor mobile notary, before jumping into this new field. Also, what industries and how many companies within reasonable driving range of your business require authentication of an individual. Check out the cost of liability insurance: I don't believe E&O as a notary public covers this service. What if you "authenticate" an individual and then something goes "bad"; i.e., fraudulent ID to begin with or a later claim of identity theft blaming you (what documents or information are you required to keep for how many years in the event of a claim or question on your authentication, what security procedures are you required to have to retain this information). My guess is the TEA classes cover these questions.

Reply by MW/VA on 9/23/09 8:55am
Msg #304651

There was a huge marketing campaign by that major organization on TEA. Most notaries did not buy into that. We don't have electronic notarization in VA yet, and the state is working on the security details of that. I facilitate e-signings & verify the identity of the signers in the usual way. This sounds like an advertisement for NNA. I personally am not going to rush out & get trained or certified to do this.

Reply by Teresa/FL on 9/23/09 9:10am
Msg #304659

This was a press release

If you look closely at the information in the link, you will see that the NNA is one of the authors and it is categorized as a press release.

Reply by Mia on 9/23/09 9:27am
Msg #304664

Linda, please call your County to see if they have their system set up for
this.

My County (& Counties that I do signings in) is NOT set up for this.

Never rely on a third party to get our State / County information -
always go directly to those that know (then you will get the truth).
You can always call the Office of the Great Seal also.

Reply by John/CT on 9/23/09 9:30am
Msg #304665

Re: TEA

I took a shot at it more than a year ago. I just recently received my first assignment about an hour away, but with all that driving time plus time spent "authenticating" these two individuals' identity, it just wasn't worth the $35 I'd received for each. Notwithstanding all the hype behind this program, this didn't justify the time I spent preparing for and taking the exams.

Reply by MW/VA on 9/23/09 9:34am
Msg #304667

Re: TEA

No, but NNA got your money.

Reply by John/CT on 9/23/09 9:45am
Msg #304668

Yeah ... but at least the TEA thing was free (for once) n/m

Reply by Michelle/AL on 9/23/09 1:23pm
Msg #304702

Free, Flexible & Convenient

John, you took the words out of my mouth. I didn't pay anything to take the two TEA training modules. They were fast & easy. NNA pays w/i 30 days. What I really like about it is that the notary determines when to complete the assignment. Yes, you need to call and confirm the appointment ASAP but other than that it's up to you and the employee/contractor to schedule for a time that works best for everyone. $35 isn't much, I agree. But the two assignments I had this summer were walking distance from my home office (i didn't walk but i could've if i wanted to ; - D).

Reply by MW/VA on 9/23/09 2:14pm
Msg #304705

Re: Yeah ... but at least the TEA thing was free (for once)

I do apologize. I really didn't know that the TEA thing was free. Are they the one's who you get the assignments from?

Reply by Jim/AL on 9/23/09 9:24pm
Msg #304751

MW, yes xyz is the one who sends the TEA appts. n/m

Reply by Linda_in_MI on 9/25/09 9:38am
Msg #305000

Thanks for all the feedback. I really wasn't looking to get into this, but thought that the fact that not only was the identity confirmed, but the individual was "authenicated" interesting. Now that I think about it, with working with PDF documents authenicating originators and signatures is something that I've come across before.

Anyway, with NNA obviously pushing the TEA, I had concerns about the program, especially since I got smart and stopped subsidizing them several years ago.