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With the current reliance on virtual transactions, the actual source and the authenticity of electronic transmissions must be determined. In realizing this need, Utah was the first state to pass legislation regarding the verification of electronic communications. In 1995, the legislature passed the Utah Digital Signature Act (the "Utah Act"), which mandates the creation of certification authorities - cybernotaries. In addition, the Division of Corporation and Commercial Code would administer rules to facilitate the implementation of the Utah Act. Since the codification of the Utah Act, over 35 states and jurisdictions implemented some form of digital or electronic signature legislation, which was either based in part or mimics the Utah Act. However, many provisions of the Utah Act are vague, ambiguous or insufficient to the point that the Act creates doubts as to the law's effectiveness. Ten provisions of the Utah Act diminish the precision and the effectiveness of the statute's ability to regulate certification authorities and to provide adequate guidance and protection for recipients and senders of electronic transmissions. These areas of the statute relate to: the record-keeping system; the requirements for licensing of certification authorities; criminal convictions prohibiting the licensing of a certification authority; the recommended reliance limits; the suitable guaranty; residency requirements for certification authorities; limited liability for certification authorities; the evidentiary presumption of digital signatures; and the reasonable care standard for private key holders. While the Utah Act purports to facilitate commerce through reliable messages, the failure to consider the practical application and implications of these ten provisions places the statute in the unintended position of fostering uncertainties that generate more confusion as to how digital and electronic signature legislation work together. In certain areas, comparing and contrasting the certification authorities to the notary publics, evaluating public policy concerns or examining long-term effects on the perception of digital signatures clearly illustrates Utah's failure to consider many legal and policy issues. The suggestions are a means of increasing the precision of the Utah Act and to allow the statute to resolve uncertainties instead of creating them. Furthermore, by calling attention to the weaknesses of the Utah Act, the author hopes that the states using the Utah Act as a model statute will act accordingly to correct these problems. In essence, without implementing the author's suggested changes, the Utah Act remains confusing, vague and insufficient to address the needs of verification of electronic transmissions in cyberspace. Effective practice and regulation of certification authorities are possible, but the deficiencies of Utah Act must first receive significant attention.

With the current reliance on virtual transactions, the actual source and the authenticity of electronic transmissions must be determined. In realizing this need, Utah was the first state to pass legislation regarding the verification of electronic communications. In 1995, the legislature passed the Utah Digital Signature Act (the "Utah Act"), which mandates the creation of certification authorities - cybernotaries. In addition, the Division of Corporation and Commercial Code would administer rules to facilitate the implementation of the Utah Act. Since the codification of the Utah Act, over 35 states and jurisdictions implemented some form of digital or electronic signature legislation, which was either based in part or mimics the Utah Act. However, many provisions of the Utah Act are vague, ambiguous or insufficient to the point that the Act creates doubts as to the law's effectiveness. Ten provisions of the Utah Act diminish the precision and the effectiveness of the statute's ability to regulate certification authorities and to provide adequate guidance and protection for recipients and senders of electronic transmissions. These areas of the statute relate to: the record-keeping system; the requirements for licensing of certification authorities; criminal convictions prohibiting the licensing of a certification authority; the recommended reliance limits; the suitable guaranty; residency requirements for certification authorities; limited liability for certification authorities; the evidentiary presumption of digital signatures; and the reasonable care standard for private key holders. While the Utah Act purports to facilitate commerce through reliable messages, the failure to consider the practical application and implications of these ten provisions places the statute in the unintended position of fostering uncertainties that generate more confusion as to how digital and electronic signature legislation work together. In certain areas, comparing and contrasting the certification authorities to the notary publics, evaluating public policy concerns or examining long-term effects on the perception of digital signatures clearly illustrates Utah's failure to consider many legal and policy issues. The suggestions are a means of increasing the precision of the Utah Act and to allow the statute to resolve uncertainties instead of creating them. Furthermore, by calling attention to the weaknesses of the Utah Act, the author hopes that the states using the Utah Act as a model statute will act accordingly to correct these problems. In essence, without implementing the author's suggested changes, the Utah Act remains confusing, vague and insufficient to address the needs of verification of electronic transmissions in cyberspace. Effective practice and regulation of certification authorities are possible, but the deficiencies of Utah Act must first receive significant attention.

This article examines past and future problems that notaries and cybernotaries face. The article discusses the lack of notaries' business worth because of their inadequate knowledge of their responsibilities and poor job performance. The authors explain the reasons for notaries' inadequate knowledge of their responsibilities, ranging from failure to test before commission renewal to failure to describe the duties of the office. In addition, the authors examine the reasons behind poor job performance, such as negligence, misunderstanding and even illegal conduct. The article discusses the procedure to become a notary, ranging from the qualifications to become a notary to the authority a notary retains. In addition, the article examines the liability of a notary and the lack of change the notary office has seen over the years. The heart of the article examines digital signature technology that is rapidly emerging. The problems as well as the benefits of digital signatures are addressed. The process of digital signatures works by using encryption and electronic "keys". The role of the cybernotary in verifying these digital signatures is important. As a third party, the cybernotary would be able to use the "keys" to bind each party. However, drawbacks of digital signatures do exist. Finally, state legislation, particularly Utah's digital signature legislation which serves as a benchmark for the discussion of other state statutes, is addressed. The authors offer suggestions as to what may improve the current practice of notaries and cybernotaries. The authors also examine everything from insurance requirements to absolute liability. In conclusion, legislators must enact legislation that recognizes technological growth as well as signifies the importance of notaries and cybernotaries.

This article examines past and future problems that notaries and cybernotaries face. The article discusses the lack of notaries' business worth because of their inadequate knowledge of their responsibilities and poor job performance. The authors explain the reasons for notaries' inadequate knowledge of their responsibilities, ranging from failure to test before commission renewal to failure to describe the duties of the office. In addition, the authors examine the reasons behind poor job performance, such as negligence, misunderstanding and even illegal conduct. The article discusses the procedure to become a notary, ranging from the qualifications to become a notary to the authority a notary retains. In addition, the article examines the liability of a notary and the lack of change the notary office has seen over the years. The heart of the article examines digital signature technology that is rapidly emerging. The problems as well as the benefits of digital signatures are addressed. The process of digital signatures works by using encryption and electronic "keys". The role of the cybernotary in verifying these digital signatures is important. As a third party, the cybernotary would be able to use the "keys" to bind each party. However, drawbacks of digital signatures do exist. Finally, state legislation, particularly Utah's digital signature legislation which serves as a benchmark for the discussion of other state statutes, is addressed. The authors offer suggestions as to what may improve the current practice of notaries and cybernotaries. The authors also examine everything from insurance requirements to absolute liability. In conclusion, legislators must enact legislation that recognizes technological growth as well as signifies the importance of notaries and cybernotaries.