California Revises Electronic Recording Regulations
Tuesday, October 15, 2019
In 2016, the Legislature expanded the types of instruments that may be recorded electronically and the types of entities that could submit instruments electronically. The revised law also deleted provisions requiring certain instruments to be in digitized rather than digital form. Now all instruments can be recorded electronically in digital form. In addition, required general liability coverage, was authorized in an amount that to be set by the Attorney General.
The new Attorney General regulations specify the amount of general liability coverage required of an authorized submitter and/or agent in the amount of one million ($1,000,000) dollars, aligns references to standards and guidelines with the latest publication dates, clarifies the requirements for a county recorder entering into a contract with an authorized submitter, and upgrades ERDS standards-based technologies. The regulations become effective January 1, 2020.
The following documents were incorporated in the regulations by reference:
- Federal Information Processing Standard (FIPS) 180-4, Secure Hash Standard, August 2015, Section 999.129, and Section 999.136.
- National Institute of Standards and Technology (NIST) Special Publication 800-88 Revision 1, Guidelines for Media Sanitization, December 2014, Section 999.129 and Section 999.139.
- NIST Special Publication 800-63-3, Digital Identity Guidelines, June 2017, Section 999.129 and Section 999.141.
- NIST Special Publication 800-70 Revision 3, National Checklist Program for IT Products- Guidelines for Checklist Users and Developers, February 2018, Section 999.129, Section 999.138, and Section 999.143.
- NIST Special Publication 800-52 Revision 1, Guidelines for the Selection, Configuration, and Use of Transport Layer Security (TLS) Implementations, April 2014, Section 999.129 and Section 999.144.
- FIPS 202, SHA-3 Standard: Permutation-Based Hash and Extendable-Output Functions, August 2015, Section 999.129 and Section 999.136.
- FIPS 140-2, Security Requirements for Cryptographic Modules, May 2001 (change notice dated, December 2002), Section 999.129 and Section 999.137.
- Application for Withdrawal, Form # ERDS 0010, May 2011, Section 999.196.
- Request for Replacement of Certificate and/or Documents, Form # ERDS 0006, May 2011, Section 999.197.