[2] The e-notary will use cryptography and Public key infrastructure to create, manage, distribute, use, store, and revoke the digital certificate.
Currently, laws regarding eNotarizations vary by jurisdiction[4] and are permitted in, at least, Arizona,[5] California,[6] Colorado, Delaware,[7] Florida,[8] Georgia,[9] Indiana, Kansas, Kentucky, [10] Michigan,[11] Minnesota[12] New Mexico, North Carolina,[13] Oregon,[14] Pennsylvania,[15] Texas,[16] Utah, Wisconsin, and Virginia.
[17] On July 1, 2012, Virginia became the first state to authorize a signer to be in a remote location and have a document notarized electronically by an e-notary using audio-visual conference technology (webcam), by passing the bills SB 827 and HB 2318.
[18] In Virginia the case of an electronic notarization, "satisfactory evidence of identity" may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, B 2, and B 3,[19] that permits the notary to communicate with and identify the principal at the time of the notarial act, provided that such identification is confirmed by (a) personal knowledge, (b) an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, or (c) a valid digital certificate accessed by biometric data or by use of an interoperable personal identity verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology and in Federal Information Processing Standards.
The National Association of Secretaries of State (NASS) affirms the role of the Secretary of State or other state notary commissioning entity as the sole authority to establish standards enabling electronic notarizations that will protect signature credibility, avoid identity fraud and provide accountability to the public in order to promote secure electronic commerce.