Berks County Bar Association The Berks Barrister Fall 2020 - 16

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Remote Online Notarization
Continued from page 14
However, permanent Remote Online Notarization could
mean significantly higher costs for notaries. The knowledgebased assessments, identity proofing, annual service fees, and
record keeping vaults are costs that likely will be passed on to
parties needing the services. Enhanced technology required for
remote notarization isn't cheap. Technology also isn't foolproof.
If a teenager can hack Twitter accounts of the rich and famous,
will Remote Online Notarization give rise to a new generation
of cyber criminals who commit fraud and exploit vulnerable
residents? Will some maniacal predator tamper with video
images or illegally obtain personal data?

Regardless of which side of the remote notarization
debate you find yourself supporting, there's no disputing that
enactment of temporary relief from in-person mandates has
created many myths about how the more modern process
works. Here's an attempt to sort fact from fiction in this new era
of notarization:
MYTH: Webcams can't spot Fake Identifications

FACT: A notary has three responsibilities during any
transaction. First, they must confirm the signer's identity.
Next, they must confirm the signer understands what they are
signing. Finally, they must ensure the document is being signed
willingly.
The first step is generally accomplished by inspecting a
state or government issued ID and asking question that help
ensure the integrity of the act. Next, the online, database-driven
identity verification tools not only prevent fraudulent IDs
from being used, but add a layer of safety and security to the
transaction that does not occur in person. Signers only connect
with a commissioned notary if they can provide a valid proof of
identity and pass the credential analysis and knowledge-based
authentication stages.
MYTH: Remote Online Notarization makes fraud easier

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16 | Berks Barrister

FACT: Remote Online Notarizations are more secure than
traditional, in-person notarizations through a number of key
security features, but perhaps the greatest fraud deterrent is
the recorded video session. Online notarizations are recorded
for quality assurance and legal purposes, ensuring procedural
consistency and protecting both signers and notaries from
allegations of fraud.

Further, the credentialing process discussed above makes
identity verification a core piece of any significant transaction
and is key to ensuring its validity. The Knowledge Based
Assessment requires the signee to answer four out of five
questions correctly or they are disqualified from being able to
have a document notarized.

MYTH: Remote Online Notarization can't detect duress
through a webcam or phone camera that only captures what's
in its view. What if there was another person in the room,
unbeknownst to the notary, who is coercing a signer to

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Berks County Bar Association The Berks Barrister Fall 2020

Table of Contents for the Digital Edition of Berks County Bar Association The Berks Barrister Fall 2020