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View Diary: The 'Cover Up' Is Finally Unraveling - Who Voted for HR 3808? (125 comments)

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  •  seen any of the actual bill? (2+ / 0-)
    Recommended by:
    Badabing, Gemina13

    It requires cryptographically generated signatures using the notary's private key. (nothing else will meet the signature standard)

    " recognize any lawful notarization" - if the notarization isn't lawful, the court need not recognize it.

    Looks like a bunch of banks wasted a whole bunch of money on lobbying a bill whose content they did not write and do not understand.

    If the notary crypto signatures used don't meet the standard, HR3808 is irrelevant.

    If they do, all it says is that a notary signed it, though the characteristics of a digital signature is such that if the content is fraudulent, it was either altered after the fact and it'll show, or the notary signed off on fraud and can't deny it.

    The bill is about recognition of cryptographic notary seals, not requiring courts to accept any and all documents presented in e-form.

    Looking for intelligent energy policy alternatives? Try here.

    by alizard on Wed Oct 06, 2010 at 10:30:39 PM PDT

    [ Parent ]

    •  Yeah. (3+ / 0-)
      Recommended by:
      wsexson, Badabing, Losty

      Good luck contesting a notary from California in a Hawaiian court.

      "We're not leaving Afghanistan prematurely. In fact, we're not ever leaving at all." -- Defense Secretary Robert Gates

      by JesseCW on Wed Oct 06, 2010 at 10:47:37 PM PDT

      [ Parent ]

      •  if the file verification software (1+ / 0-)
        Recommended by:
        Gemina13

        says that California notary signature is bogus, it's successfully contested. Just bring your own IT expert to court until this law works its way into court practice.

        Looking for intelligent energy policy alternatives? Try here.

        by alizard on Wed Oct 06, 2010 at 11:02:13 PM PDT

        [ Parent ]

        •  Which ain't testimony (0+ / 0-)

          from the Notary, is it?

          We've got widespread cases of Notarys actually filling out loan docs before notarizing them.

          That means they need to be on the stand.

          No one is saying this is about bogus signatures.  

          This is about one dirty notary being able to put their real seal on 40,000 dirty docs.

          "We're not leaving Afghanistan prematurely. In fact, we're not ever leaving at all." -- Defense Secretary Robert Gates

          by JesseCW on Thu Oct 07, 2010 at 02:03:57 PM PDT

          [ Parent ]

          •  each with an individual time stamp (0+ / 0-)

            Compare any two sequential timestamps and you know to the second how much due diligence has actually been done.

            This is simply an improved version of pen-and-ink signatures for out-of-state documents. How often is an out-of-state notary actually called to the witness stand?

            Actually, it's drastically improved. If a bank suddenly finds the existence of a document inconvenient and says it was signed with a bogus key, all 39,999 of the other documents signed with it become invalid Need I explain the problem potential?

            Looking for intelligent energy policy alternatives? Try here.

            by alizard on Thu Oct 07, 2010 at 03:54:00 PM PDT

            [ Parent ]

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