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The NNAs Electronic Notary Seal Program Creating and managing notarial acts electronically in realti

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Title: The NNAs Electronic Notary Seal Program Creating and managing notarial acts electronically in realti


1
The NNAs Electronic Notary Seal ProgramCreating
and managing notarial acts electronically in
real-time
Richard J. Hansberger, Director of
eNotarization National Notary Association
2
Introduction
  • The National Notary Association announces the
    official launch of the Electronic Notary Seal
    Program
  • A national effort
  • A collaborative effort
  • The Electronic Notary Seal (ENS) Program is an
    online web application (like online banking) that
    provides states and private industry with
  • Technologies to facilitate secure electronic
    notarization within and across jurisdictions
  • Standards to promote interoperability across
    transactional partners relying on notarization
  • The PRIMARY goal of the ENS Program is to
    authenticate Notaries in real time
  • Must be FREE to participating states
  • Must allow ANYONE to verify the status of an
    electronic notary seal at no cost in real time

3
ENS Program Online Notary Management
  • Enables state government to manage Electronic
    Notary Seals
  • State can issue, revoke, suspend, and renew
    Electronic Notary Seals securely online
  • All relying parties can independently verify the
    status of an ENS in real time using secure web
    services
  • Enables private industry to develop electronic
    document management systems that incorporate
  • Notary Authentication verify status of ENS in
    real time
  • Notary Recordkeeping record journal entries (1
    or 1,000,000)
  • Notary Certificates download compliant
    certificates for electronic documents
  • Enables development of competitive vendor
    solutions for electronic document management that
    depend upon trusted notaries
  • Relies on web services for interoperability
    across systems
  • Relies on open standards for greater acceptance
    and ease of use

4
ENS Program Justification
  • Lack of uniform legislative/regulatory framework
    hinders progress.
  • Inconsistent (sometimes competing) state notary
    laws and regulations lead to confusion in the
    marketplace (Is it legal? Will it hold up in
    court?)
  • There is a need for effective, uniform electronic
    notary legislation.
  • The benefits could be enormous
  • Trust in the Notary office is compromised in the
    paper world, but the ENS Program can help resolve
    issues of abuse, misuse, and misrepresentation
  • Electronically notarized transactions could
    realize significant cost savings for companies,
    government agencies

5
ENS Program Justification
  • Industry complains our system lacks technological
    predictability.
  • Industry needs to do it one way across all 50
    states, or else the cost-saving benefits of
    electronic documents cannot be realized.
  • To accomplish this goal, the NNA has confirmed
    with state government officials and industry
    leaders that
  • A consistent, interoperable technology for notary
    authentication is needed by industry to implement
    national electronic document systems.
  • A consistent, interoperable approach will also
    fuel a competitive marketplace among vendors
    offering such solutions.

6
ENS Program Justification
  • Presumption that costs to entry are formidable
    has negatively impacted progress in electronic
    notarization.
  • Lack of clear guidelines for authenticating
    notaries means cost of compliance for business is
    too high.
  • State governments are finding it difficult to
    shoulder the burden of providing this
    interoperable technology.
  • A need for a no- or low-cost notary
    authentication technology is of paramount
    concern.

7
ENS Program Participants
  • Industry
  • Early Adopters - mortgage banking, real estate,
    title companies
  • Countrywide, Stewart Title
  • State Government
  • AZ (Secretary of State, Maricopa County Recorder)
  • CA (San Bernardino and Orange County Recorders)
  • Notaries
  • Only in corporate environments currently
  • Carefully regulated through the ENS Program by
    state officials

8
ENS Program Components
  • Notary Authority
  • Notary Registry
  • Notary Digital Certificate Authority
  • Electronic Notary Seal
  • Image, XML, digital certificate
  • Secured in Notary Authority, accessible only by
    notary
  • Released for use by notary upon proper
    authentication
  • Electronic Journal
  • Web-based recordkeeping provides independent
    record of transaction
  • XML file format ensures access to data over time
  • Mandated recordkeeping can be enforced
  • Security of records greatly enhanced
  • Electronic Notary Certificates
  • Provides XML store of compliant certificate data
    for use by notaries

9
ENS Program Components
  • Notary Exchange Standard (NES)
  • A secure exchange standard through which
    transacting parties can access NES web services
  • Notary authentication
  • Notary recordkeeping
  • Notary certificates
  • The NES is responsible for the secure exchange of
    data between the Notary Authority and a
    requesting party
  • Relies on OASIS WS-Security specification for
    authentication
  • The flexibility of the WS-Security specification
    allows different authentication methods to access
    NES services
  • Interoperable with web and desktop clients
    developed by any vendor

10
ENS Program Components
Notary Authority
Notary Exchange Standard Web Services
Notary Authentication
Electronic Journal
Notary Certificates
Notary Exchange Standard Security
Interceptors HTTPS / VPN
Vendor Web/Desktop Client Development Notary
authentication AT NO COST to third
parties. Electronic journal is optional licensed
service. Notary certificates are optional
licensed service.
11
ENS Assurance Levels
  • HIGH
  • Means the notary works for an NNA Trusted Partner
    (corporate or government agency).
  • Notary authenticates to the Notary Authority NES
    using a username/password.
  • Recordkeeping is required.
  • MEDIUM
  • Means the notary works independently using an NNA
    web or desktop client.
  • Notary authenticates to the Notary Authority NES
    using an NNA web or desktop client (with digital
    certificate).
  • Recordkeeping is required.
  • LOW
  • Means the notary works independently using a
    third-party web or desktop client.
  • Notary authenticates to the Notary Authority NES
    using a digital certificate (PKI) protocol.
  • Recordkeeping is strongly recommended.

12
ENS State Services
  • Online Administrative Portal (Online Banking)
  • Issuance, Revocation, Renewal
  • State grants authority to perform electronic acts
    and authorizes notary to receive ENS
  • State can suspend, revoke, renew the ENS at any
    time
  • Suspension and revocation are immediately
    extended to all relying parties
  • Auditing
  • State can review and report on all ENS issuance,
    suspension, revocation, and renewal
  • Online Verification of Electronic Notarial Acts
  • Enables third parties (when authorized) to verify
    the facts of a notarial act online
  • When it was recorded
  • Transacting parties
  • Other pertinent details
  • Notarys electronic journal records transaction
    for both paper and electronic documents

13
Benefits of ENS Program - Government
  • Enables state government to regulate notaries in
    the electronic age
  • Enables state government to support electronic
    notarization pilots securely
  • Enables relying parties to verify facts of a
    notarial act performed on both paper and
    electronic documents
  • Can support the certification of public documents
    between states and internationally (eApostilles)
  • Prevents fraud and abuse of notarial office by
    enabling faster, more accurate investigations
  • Protects citizens from identity crimes and
    document fraud

14
Benefits of ENS Program - Industry
  • Provides a Service Oriented Architecture that
    allows private industry to focus on core
    technology development rather than eNotarization
    development
  • Promotes development of competitive electronic
    transaction technologies relying on eNotarization
  • Provides widely accepted standards and
    technologies to enable real-time authentication
    of notaries
  • Promotes the use of PKI and non-PKI solutions
    using the same core technology, which provides a
    more realistic and stable foundation for further
    innovation

15
Benefits of ENS Program - Notaries
  • Facilitates emergence of a burgeoning eNotary
    market where competitive solutions translate into
    competitive pricing for the average notary.
  • Provides a common (national and international)
    notary authentication protocol.
  • Further promotes the professionalization of the
    American notary office.
  • Protects the public from fraud and abuse of the
    Notary office.

16
What is an Electronic Notary Seal?
  • Paper Documents
  • Bar Code (CODE 39 BarCode format)
  • Electronic Documents
  • XML (text)
  • Image
  • Digital Certificate (when required)
  • Digital Certificates (when required)
  • Hardware Based
  • Stored on USB-enabled device or smart card
  • Browser Based
  • Stored in CAPI on Windows
  • Roaming
  • Stored on split-key VeriSign server
    (cross-platform)

17
What is an Electronic Notary Seal?
Firewall Proxy Server
Web Services
  • Electronic Notary Seal Authentication
  • Notary authenticates through NES to the Notary
    Authority
  • Authentication is a WSS protocol
  • Username/Password (requires HIGH ENS Assurance
    Level)
  • X.509 Digital Certificate
  • SAML Token
  • Proper authentication releases seal to
    requesting notary
  • Revocation controlled centrally and
    independently verifiable by state government and
    all relying parties

Notary Authentication
Notary Exchange Standard Security
Interceptors HTTPS or VPN
Vendor Web/Client Development Notary
authentication AT NO COST to third parties.
18
How does a Notary receive an Electronic Notary
Seal?
1
Notary Completes Application through State
Notary must satisfy legal requirements and be
identified in person
2
3
NOTARY AUTHORITY
State authorizes Notary to receive ENS
4
Notary receives authorization to use ENS
Notary authenticates to Notary Authority to
release seal ENS may be validated
independently by third parties
19
What happens when a Notary usesan Electronic
Notary Seal?
1. Meets with document signers,verifies signers
identity, capacity and willingness to sign
2. Prior to notarizing document, electronic
signing system verifies Notarys ENS through the
Notary Authority.
3. Electronically notarizes document using ENS.
4. Electronic Journal updated online with notary
act details.
20
What happens when a Notary usesan Electronic
Notary Seal?
Notary Authority
Notary Registry
Notary Seal
4
Release Notary Seal
2
3
OK?
1
Notary E-Signs Document
Signer E-Signs
Notary Logs In
5
Notary Journal
Journal contains transaction details Document
ID Digital Fingerprint of Document (Hash)
21
How does the state revoke an Electronic Notary
Seal?
NOTARY AUTHORITY
1
State Official authorizes revocation or
suspension
2
Notary receives notification of revocation
Notarys attempt to authenticate is denied
ENS revocation/suspension may be validated
independently by third parties
22
Call to Action
  • The NNA is now asking more states and industry
    leaders to participate.
  • The NNA urges states to consider adoption of the
    Model Notary Act, Article III as a first step
    if authorizing legislation does not already
    exist.
  • Formation of state-specific eNotarization Task
    Force in California underway other state task
    forces a possibility, or perhaps even a national
    task force

23
Demo - The ENS Portal
24
Demo - The ENS Portal
25
Demo - The ENS Portal
26
Demo - The ENS Portal
27
Demo - The ENS Portal
28
Demo - The ENS Portal
29
Demo - The ENS Portal
30
Demo - The ENS Portal
31
Demo - The ENS Portal
32
Demo - The ENS Portal
33
Demo - The ENS Portal
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