Servers, Jurisdiction, Diplomatic Relations, and RON Platforms

Remote Online Notarization has been a blessing to many prior, during, and after the massive spread of the COVID-19 virus. Documents were able to get notarized safely and conveniently from home or office no matter where the signer was located at in the world. Thousands of thousands stored data collected during Remote Online Notarization requests and completed transactions were in the hands of servers.

In the Information Technology (IT) world, what is a server? Is a device that could be used to run programs or store data. I will not get too much into technical details. The important element here is to point out that there are RON platforms that store data outside the United States. For example, there is a RON platform that clearly states in its privacy policy the following:

We, along with our affiliate ‘in the United States’ store data collected in New Zealand on servers in New Zealand data centers.

Claims by US residents are governed by US law and shall be resolved exclusively in single panel arbitration in Tampa, FL under the auspices of the American Arbitration Association.

The issue is, US law has jurisdiction over claims made by US residents. Who has jurisdiction over the data stored in servers outside the United States?

Here is another excerpt from the Privacy policy of this particular RON Platform:

Subject to the rights that those in the European Union have under the GDPR and those in the US have under applicable US law, this Policy and its interpretation and operation are governed solely by New Zealand law. Subject to the rights that those in the US and European Union have under the GDPR and applicable US law, you, the RON platform, and all users, submit to the exclusive jurisdiction of the New Zealand arbitral tribunals and courts as further described in our Terms and you agree not to raise any jurisdictional issue if we need to enforce an arbitral award or judgment in New Zealand or another country.

Maybe, having a great relationship with RON platforms that store data outside the USA could open up a window to exemplary diplomatic relations. One never knows from which angle one country might be helping another get things done so processes can move on in peace and prosperously. However, the question of jurisdiction remains in the air.

Remote Online Notarization might take place from an office in the United States of America, but the service provided might be considered global. It seems that the people who interpret the digital law and the people who write policies related to digital laws and transactions over cyberspace will need to continue to review and revise what it has been written as this amazing and convenient new technology continues to evolve.

Just putting out there for you to think about and consider it when selecting and/or approving RON platforms.

Cyber Insurance, RON Platform Vendors, and RON Notaries

Technology facilitates many processes, including getting documents notarized from the comfort and safety of home or office. As new technologies allow convenience saving customers thousands of dollars in gas, paper, ink, and processing time, transactions over the internet may be exposed to cyber vulnerabilities even when cyber awareness have been taken into consideration and cyber security has been implemented during the process.

During the 2022 National Association of Secretaries of State (NASS) Summer Conference, I had the opportunity to talk to an Information Technology expert from Cyber.org who also taught me how to recognize if data from a computer system has been locked by an unsolicited cyber actor.

Data is the new crude oil of the world. Ransomware has increased exponentially during the last decade costing millions of dollars to big companies, small businesses, and individuals. Ransomware is just one example of many cyber threats every computer user could be exposed today.

When a commissioned notary public takes a certification course at the Cyber notary Virtual Training Academy, cyber awareness is part of the equipping process. Although obtaining cyber insurance is not mandatory yet, CNVTA recommends it.

How does Cyber Insurance protect the Remote Online Notary or his/her notarial business? It protects him/her or the business from unprecedent financial instability caused by cyber extortion, cyber business interruption, and/or digital asset damage, and so forth. Also, vendors who provide access to platforms that can be used for Remote Online Notarization should be covered by Cyber insurance as well. As RON continues to increase in demand by companies of all sizes and individuals, data will be flowing and stored in places that need cyber protection.

Once a notary public begins to conduct remote online notarizations, the notary public also becomes a fraud-prevention agent in cyberspace. As such, taking cyber measurements prior, during, and after remote online notarizations transaction is critical to the safety of data and financial stability.

The Cyber notary Virtual Training Academy (CNVTA) partnered with Cyber1 Insurance (C1i) in order to provide a safer cyber environment for remote online notaries and RON platform vendors. Find the site at https://www.cnvta.club/c1i

Virginia RON Law: Conversation with the Eminence of RON Law in USA.

Commitment, Education, and Connection

Serving well and prospering in any field takes commitment, education, and connection. ~Jeannie E. Franks~

As the Remote Online Notarization field continues to evolve, notarial laws continue to adapt to the changes. Today, CyberNow (eCnow) the official electronic newsletter of the Cyber Notary Virtual Training Academy has the honor to conversate with an eminence in the RON law field, Timothy Reiniger. Mr. Reiniger has been involved in the creation of the Remote Online Notarization law since the beginning. His name is among the law experts in digital signature and the first RON law creation in the United States. The video you are about to watch and/or listen to focuses on Virginia RON law.

The Commonwealth of Virginia was the first to allow Remote Online Notarization in the USA. Mr. Reiniger was part of that pivotal point on our nation's notarial history.

Enjoy the conversation. If you have any question, contact CNVTA at info@CNVTA.club

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