California Online Notary Act of 2018.
The implementation of AB 2368 is expected to have significant implications for both notaries and the general public in California. By allowing online notarization, the law expands opportunities for conducting legal transactions remotely, particularly beneficial for individuals in remote areas or those with mobility issues. It includes requirements for online notaries to maintain secure electronic journals and follow specified protocols for secure interactions, thereby ensuring the integrity and security of online notarizations. However, while the bill establishes a pathway for modernization, it also introduces legal standards and a new misdemeanour for unauthorized actions regarding online notarial functions.
Assembly Bill No. 2368, known as the California Online Notary Act of 2018, seeks to establish a framework for online notarizations in the state. The bill allows individuals to register as online notaries with the Secretary of State, enabling them to perform notarizations using audio-video communication. This new approach to notarization aims to modernize the process, making it more accessible and efficient for individuals who may not be able to visit a notary in person. The commencement date for the online notarization provisions is set for January 1, 2020. Additionally, the bill allows the Secretary of State to impose a fee for registration as an online notary public.
The general sentiment concerning AB 2368 appears to be positive, particularly among those advocating for technological advancements in legal practices. Supporters argue that the online notarization process can lead to greater efficiency and convenience, aligning with contemporary needs in a digital age. However, there may be concerns raised regarding security, data protection, and the potential for fraud that necessitate rigorous oversight and regulation. As the bill moves forward, these discussions around safety and integrity in online transactions will likely continue to unfold.
Notable points of contention include addressing cybersecurity risks and ensuring proper identification and authentication of individuals engaging in online notarizations. Opponents may argue that the potential for fraudulent activities increases as notarizations move online. Additionally, there may be concerns about equitable access to such technologies, particularly among populations without reliable internet access. The comparisons between traditional notarial practices and upcoming online methods also indicate a broader debate over the evolution of legal standards to meet modern needs while maintaining rigor in legal processes.