California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 2 - Definitions › Section 999.108 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
				  definitions shall apply throughout all the articles within this chapter:
(1) "Agent" means a representative and their
				  employees who are authorized to submit documents on behalf of an Authorized
				  Submitter who is eligible to enter into a contract with a County Recorder, and, be
				  assigned a role by the County Recorder, to deliver, and, when applicable, return the
				  submitted ERDS payloads via an ERDS. An Agent may not be a Computer Security
				  Auditor, County Recorder Designee, ERDS Account Administrator, ERDS System
				  Administrator, or Certified Vendor of ERDS Software.
(2) "Attorney General" means the Attorney General
				  of the State of California.
(3)
				  "Availability" means as that term is defined in United States Code, Title 44,
				  Section 3552, subdivision (b)(3)(C).
(4) "Certified Vendor of ERDS Software" means an
				  entity that sells, leases, or grants use of, with or without compensation therefore,
				  a software program for use by counties for establishing an ERDS. A Certified Vendor
				  of ERDS Software may not be a Computer Security Auditor, Authorized Submitter,
				  Agent, ERDS Account Administrator, ERDS System Administrator, or County Recorder
				  Designee.
(5) "Confidentiality" means as
				  that term is defined in United States Code, Title 44, Section
				  3552, subdivision (b)(3)(B).
(6) "County Recorder" means a public official
				  responsible for administering an ERDS and ensuring that all ERDS requirements are
				  met, and who oversees the assignment and delegation of those responsibilities by
				  determining the necessary resources and means.
(7) "County Recorder Designee" means a Secure
				  Access role assigned by the County Recorder to retrieve, and, when applicable,
				  return submitted ERDS payloads. A County Recorder Designee may not be a Computer
				  Security Auditor, Authorized Submitter, Agent, or Certified Vendor of ERDS Software.
				  This role requires fingerprinting.
(8)
				  "Developer" means a person or personnel, supporting and/or acting on behalf of the
				  County Recorder and/or Certified Vendor of ERDS Software.
(9) "DOJ" means the California Department of
				  Justice.
(10) "Electronic Signature of
				  the Notary" means a field, or set of fields, containing information about the
				  electronic signature of the notary who notarized a digital or digitized
				  record.
(11) "ERDA" means the Electronic
				  Recording Delivery Act of 2004, as amended.
(12) "ERDS" means an Electronic Recording Delivery
				  System certified by the ERDS Program to deliver digitized and/or digital records to
				  a County Recorder, and, when applicable, return those records to the Agent or
				  Authorized Submitter.
(13) "ERDS Account
				  Administrator" means a Secure Access role assigned by the County Recorder to an
				  individual who is authorized to configure accounts, assign roles, and issue
				  credentials. An ERDS Account Administrator may not be a Computer Security Auditor,
				  Authorized Submitter, Agent, or Certified Vendor of ERDS Software. This role
				  requires fingerprinting.
(14) "ERDS
				  Payload" means an electronic structure designed for the purpose of delivering
				  digital or digitized records to a County Recorder via an ERDS. The structure is also
				  used to return, when applicable, digital or digitized records to an Agent or
				  Authorized Submitter via an ERDS.
(15)
				  "ERDS Program" means the program within DOJ designated by the Attorney General to
				  certify, implement, regulate, and monitor an ERDS.
(16) "ERDS Server" means computer hardware,
				  software, and storage media used by the County Recorder to implement an ERDS. The
				  ERDS Server(s) execute(s) the primary functionality of the application software
				  associated with an ERDS.
(17) "ERDS
				  System Administrator" means a Secure Access role assigned by the County Recorder to
				  an individual who is authorized to configure hardware, software, and network
				  settings, and to maintain ERDS security functions. An ERDS System Administrator may
				  not be a Computer Security Auditor, Authorized Submitter, Agent, or Certified Vendor
				  of ERDS Software. This role requires fingerprinting.
(18) "FIPS" means Federal Information Processing
				  Standards.
(19) "Hardened" means a
				  security configuration checklist (also called a lockdown, hardening guide, or
				  benchmark) is a series of instructions or procedures for configuring an IT product
				  to a particular operational environment, for verifying that the product has been
				  configured properly, and/or for identifying unauthorized changes to the
				  product.
(20) "HMAC" means Hash Message
				  Authentication Code.
(21) "Incident"
				  means an event that may have compromised the security of an ERDS.
(22) "Integrity" means as that term is defined in
				  United States Code, Title 44, Section
				  3552, subdivision (b)(3)(A).
(23) "Lead County" means the County Recorder in a
				  Multi-County ERDS responsible for administering that ERDS, ensuring that all ERDS
				  requirements are met, and who oversees the assignment and delegation of those
				  responsibilities by determining the necessary resources and means.
(24) A "Licensed and Supported Operating System"
				  means that the operating system is commercially supported and licensed so that
				  security patches and fixes are available.
(25) "Live Scan" means a DOJ system used for the
				  electronic submission of applicant fingerprints.
(26) "Logged" means an auditable ERDS
				  event.
(27) "Logical" means the way data
				  or systems are organized. For example, a logical description of a file is that it is
				  a collection of data stored together.
(28) "MAC" means Message Authentication
				  Codes.
(29) "Multi-County" means an ERDS
				  application in which County Recorders collaborate and make use of a single ERDS
				  serving multiple counties.
(30) "NIST"
				  means National Institute of Standards and Technology.
(31) "Non-Substantive Modification" means a change
				  that does not affect the functionality of an ERDS.
(32) "Physical Access" means access granted to an
				  individual who has physical access to an ERDS server. This level of access requires
				  fingerprinting with the exception of a county data center or an outsourced county
				  data center in which physical access is already managed by security
				  controls.
(33) "Public Entity" includes
				  the state, the Regents of the University of California, the Trustees of the
				  California State University and the California State University, a county, city,
				  district, public authority, public agency, and any other political subdivision or
				  public corporation in the state. As provided in this chapter, "public entity" also
				  includes federal government entities.
(34) "Reportable" means an incident that has
				  compromised the security of an ERDS and shall be reported to the ERDS
				  Program.
(35) "Role" means a security
				  mechanism, method, process, or procedure that defines specific privileges dictating
				  the level of access to an ERDS.
(36)
				  "Secure Access" means a role assigned by the County Recorder to an individual which
				  requires fingerprinting and includes:
1) an
				  Authorized Submitter and Agent, if any, who are authorized to use an ERDS;
2) a Computer Security Auditor hired by the County
				  Recorder to perform independent audits;
3) an ERDS System Administrator who is authorized
				  to configure hardware, software and network settings;
4) an ERDS Account Administrator who is authorized
				  to configure accounts, assign roles, and issue credentials;
5) an individual who is granted Physical Access to
				  an ERDS server;
6) a County Recorder
				  Designee authorized to retrieve, and, when applicable, return submitted ERDS
				  payloads;
7) Certified Vendor of ERDS
				  Software personnel who support or act on behalf of the Certified Vendor of ERDS
				  Software; or
8) a Developer acting in
				  lieu of a Certified Vendor of ERDS Software.
(37) "Single-County" means an ERDS application in
				  which a County Recorder's Office connects to the ERDS system individually.
(38) "Source Code Materials" includes, but is not
				  limited to, all of the following:
1) a copy of all
				  source code that implements ERDS functionality;
2) a copy of the compiler needed to compile the
				  ERDS source code in escrow;
3)
				  instructions for installation and use of the ERDS source code compiler;
				  and
4) instructions that facilitate
				  reviews, modification, and/or recompiling the source code.
(39) "Sub-County" means a County Recorder(s) of a
				  county other than the Lead County in a Multi-County ERDS.
(40) "Substantive Modification" means a change
				  that affects the functionality of an ERDS.
(41) "Uniform Index Information" means information
				  collected by a County Recorder in the recording process.
(42) "User" means a person who uses a computer to
				  access, submit, retrieve, or, when applicable, return an ERDS payload.
(43) "Workstation" means a computer used to
				  connect to, and/or interact with, an ERDS.