New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle N - OFFICE OF INFORMATION TECHNOLOGY SERVICES › Part 540 - Electronic Signatures And Records Act › Section 540.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the terms below have the
				  following meanings:
(a) Business
				analysis and risk assessment means identifying and evaluating various factors
				relevant to the selection of an electronic signature for use or acceptance in
				an electronic transaction. Such factors include, but are not limited to,
				relationships between parties to an electronic transaction, value of the
				transaction, risk of intrusion, risk of repudiation of an electronic signature,
				risk of fraud, functionality and convenience, business necessity and the cost
				of employing a particular electronic signature process.
(b) Certificate means a data structure used
				in a public key system to bind a particular authenticated individual to a
				particular public key conforming to widely used industry standards.
(c) Certification authority means a trusted
				party in a public key system that vouches for the authenticity of the
				individual or system in question by issuing certificates that are used for
				verification of electronic signatures produced by corresponding private keys.
				For purposes of this subdivision, a trusted party that issues certificates
				which only the same trusted party uses for electronic signature verification
				purposes is not considered a certification authority. A certification authority
				is also commonly referred to as a certificate authority.
(d) Certificate revocation list (CRL) means a
				publicly available list of certificates that have been revoked before their
				expiration date.
(e) Cryptographic
				keys means the items of information used by a given algorithm to transform data
				into an unreadable format.
(f)
				Electronic signatory means the person authorized to generate an electronic
				signature.
(g) Electronic
				transaction means an action or set of actions occurring through the use of
				electronic technology by or with a governmental entity.
(h) Governmental entity means any State
				department, board, bureau, division, commission, committee, public authority,
				public benefit corporation, council, office, or other governmental entity or
				officer of the State having statewide authority, except the State Legislature,
				and any political subdivision of the State.
(i) Material change means a substantial
				change in the operating practices of a certification authority that affects the
				issuance, revocation, security, disposition, and any other aspect of the
				management of a certificate.
(j)
				Person means a natural person, corporation, trust, estate, partnership,
				incorporated or unincorporated association or any other legal entity and also
				includes any department, agency, authority, or instrumentality of the State or
				its political subdivisions.
(k)
				Public key, for purposes of public key cryptography, means the key made public
				for encryption.
(l) Receiving
				device means any physical or virtual point capable of receiving electronic
				records including, but not limited to, a website, e-mail address, hardware
				device or application.
(m)
				Electronic recording means an electronic process by which digitized paper
				documents or electronic records affecting real property are delivered to a
				recording officer for incorporation into the public record.
(n) PRIA means the Property Records Industry
				Association, located at 110 Horizon Drive, Suite 210, Raleigh, NC
				27615.
(o) Recording officer means
				the county clerk of the county, except in a county having a register, where it
				means the register of the county.
(p) Registered submitter is a person whose
				identity has been verified and authenticated by a recording officer prior to
				the submission of digitized paper documents or electronic records to the
				recording officer for electronic recording.