2 AAC 05.240 - Signature ceremony

(a) Upon notification of successful verification under 2 AAC 05.230, an individual may electronically sign a document as described in this section in the course of doing business with a state agency that has elected to use the department's system.

(b) When an individual initiates an electronic signature in the course of doing business with a state agency that has elected to use the department's system, the department must ensure that the system will indicate to the individual that

(1) a signature is taking place;

(2) by completing the signing ceremony, the individual operating the computer input device

(A) intends to be bound by and authenticate the electronic record, and to attest the statements contained within the electronic record;

(B) that the individual is the same individual identified by the department's system; and

(3) submitting another individual's electronic signature or attesting to false statements in an electronic record

(A) is a false statement that is punishable as unsworn falsification under AS 11.56.210;

(B) is an offering of a false instrument for recording that is punishable under AS 11.46.550; and

(C) may constitute

(i) other crimes, such as perjury, theft, attempted theft, criminal mischief, forgery, criminal impersonation, scheme to defraud or criminal use of a computer; or

(ii) other criminal offenses under state, municipal, or federal law.

(c) After successful completion of the requirements of (b) of this section, an individual must electronically reenter the individual's password assigned under 2 AAC 05.220.

(d) An individual completes the signature ceremony by electronically confirming the individual's awareness that

(1) a signature is taking place;

(2) the individual operating the computer input device

(A) intends to be bound by and authenticate the electronic record and to attest the statements contained within the electronic record;

(B) the individual is the same individual identified by the department's system; and

(3) submitting another individual's electronic signature or attesting to false statements in an electronic record

(A) is an unsworn falsification under AS 11.56.210;

(B) is an offering of a false instrument for recording that is punishable under AS 11.46.550; and

(C) may constitute

(i) other crimes, such as perjury, theft, attempted theft, criminal mischief, forgery, criminal impersonation, scheme to defraud, or criminal use of a computer; or

(ii) other criminal offenses under state, municipal, or federal law.

(e) Upon receipt of the individual's confirmation of the information specified in (c) and (d) of this section, the department's system will validate the individual's identity by verifying the individual's password specified under 2 AAC 05.220(c) (4).

(f) Upon a successful verification of the individual's password, the department's system will

(1) create a tamper-evident hash of the signed data, the individual's electronic signature verification system's identifier, the appropriate state agency's electronic signature verification system's identifier, and a stamp showing the time and date of the signature; and

(2) digitally sign the hash with the department's system server certificate.

(g) Upon an unsuccessful verification of the individual's password, the department's system will advise the appropriate state agency of an incorrect password input that prevents electronic signature of the document.

(h) In this section, "statement" has the meaning given in AS 11.56.240.

Notes

2 AAC 05.240

Eff. 12/22/2002, Register 164

As of Register 179 (October 2006), the regulations attorney made a technical revision under AS 44.62.125(b)(6), to the authority citation following 2 AAC 05.240, to reflect ch. 110, SLA 2004, which repealed former AS 09.25.500 - 09.25.520 and relocated authority concerning electronic transactions to AS 09.80.150-09.80.190 (Uniform Electronic Transactions Act).

Authority:AS 09.80.150

AS 09.80.160

AS 09.80.190

AS 44.21.020

AS 44.21.150

AS 44.21.160

AS 44.21.170