2005 Nevada Revised Statutes - Chapter 720 — Digital Signatures

CHAPTER 720 - DIGITAL SIGNATURES

NRS 720.010 Definitions.

NRS 720.020 Asymmetriccryptosystem defined.

NRS 720.030 Certificatedefined.

NRS 720.040 Certificationauthority defined.

NRS 720.050 Corresponddefined.

NRS 720.060 Digitalsignature defined.

NRS 720.070 Holda private key defined.

NRS 720.080 Keypair defined.

NRS 720.090 Messagedefined.

NRS 720.100 Privatekey defined.

NRS 720.110 Publickey defined.

NRS 720.115 Recorddefined.

NRS 720.120 Subscriberdefined.

NRS 720.130 Verifya digital signature defined.

NRS 720.140 Applicabilityof chapter.

NRS 720.150 Adoptionof regulations by Secretary of State.

NRS 720.160 Useof digital signature.

NRS 720.180 Licensureof certification authorities: Requirement; fee.

NRS 720.190 Enforcementof chapter: Injunctions and other orders; civil penalty.

NRS 720.200 Unlawfulacts; penalty.

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NRS 720.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS720.020 to 720.130, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1999, 1953; A 2001, 2722)

NRS 720.020 Asymmetriccryptosystem defined. Asymmetric cryptosystemmeans an algorithm or series of algorithms that provide a secure key pair.

(Added to NRS by 1999, 1953)

NRS 720.030 Certificatedefined. Certificate means a computer-basedrecord that:

1. Identifies the certification authority using it;

2. Identifies a subscriber;

3. Sets forth the public key of the subscriber; and

4. Is digitally signed by the certification authorityissuing it.

(Added to NRS by 1999, 1953)

NRS 720.040 Certificationauthority defined. Certification authoritymeans a person who issues a certificate.

(Added to NRS by 1999, 1953)

NRS 720.050 Corresponddefined. Correspond means, with reference tokeys, belonging to the same key pair.

(Added to NRS by 1999, 1953)

NRS 720.060 Digitalsignature defined. Digital signature meansan electronic signature that transforms a message by using an asymmetriccryptosystem. As used in this section, electronic signature has the meaningascribed to it in NRS 719.100.

(Added to NRS by 1999, 1953; A 2001, 2722)

NRS 720.070 Holda private key defined. Hold a private keymeans to be authorized to use a private key.

(Added to NRS by 1999, 1954)

NRS 720.080 Keypair defined. Key pair means a private keyand its corresponding public key in an asymmetric cryptosystem, which may beused in such a manner that the public key can verify a digital signaturecreated by the private key.

(Added to NRS by 1999, 1954)

NRS 720.090 Messagedefined. Message means a digitalrepresentation of information.

(Added to NRS by 1999, 1954)

NRS 720.100 Privatekey defined. Private key means the key of akey pair used to create a digital signature.

(Added to NRS by 1999, 1954)

NRS 720.110 Publickey defined. Public key means the key of akey pair used to verify a digital signature.

(Added to NRS by 1999, 1954)

NRS 720.115 Recorddefined. Record has the meaning ascribed toit in NRS 719.150.

(Added to NRS by 2001, 2721)

NRS 720.120 Subscriberdefined. Subscriber means a person who:

1. Is identified as such in a certificate;

2. Accepts the certificate; and

3. Holds the private key that corresponds to thepublic key set forth in the certificate.

(Added to NRS by 1999, 1954)

NRS 720.130 Verifya digital signature defined. Verify adigital signature means, in relation to a given digital signature, message andpublic key, to determine accurately that:

1. The digital signature was created by the privatekey corresponding to the public key; and

2. The message has not been altered since the digitalsignature was created.

(Added to NRS by 1999, 1954)

NRS 720.140 Applicabilityof chapter.

1. The provisions of this chapter apply to anytransaction for which a digital signature is used to sign an electronic record.

2. As used in this section, electronic record hasthe meaning ascribed to it in NRS 719.090.

(Added to NRS by 1999, 1954; A 2001, 2722)

NRS 720.150 Adoptionof regulations by Secretary of State. The Secretaryof State shall adopt regulations regarding digital signatures, including,without limitation, regulations pertaining to:

1. The use of a digital signature, including, withoutlimitation, standards for the commercial use of a digital signature;

2. Licensure of a certification authority, including,without limitation, professional standards that a certification authority mustmeet in conducting its business;

3. The verification of a digital signature;

4. The liability that may be incurred by a subscriber,certification authority or recipient of a message transformed by a digitalsignature, including, without limitation, the limitation of such liability;

5. The use of a digital signature as an acknowledgment,as that term is defined in NRS 240.002;

6. The issuance of injunctions and orders and theimposition of civil penalties pursuant to NRS720.190;

7. The status of a private key as personal property;

8. The responsibilities of a subscriber with respectto the use and handling of a private key;

9. The confidentiality of information represented in amessage that is transformed by a digital signature; and

10. Any other aspect of the use or verification ofdigital signatures that the Secretary of State determines to be necessary.

(Added to NRS by 1999, 1955)

NRS 720.160 Useof digital signature.

1. Except as otherwise provided in this section, ifeach person who will be involved in the submission and acceptance of a recordagrees to the use of a digital signature, the use of a message which:

(a) Represents the record; and

(b) Is transformed by a digital signature,

constitutesa sufficient signing of the record.

2. The provisions of this section do not apply withrespect to:

(a) A record that is required to be signed in thepresence of a third party; or

(b) A record with respect to which the requirement thatthe record must be signed is accompanied by an additional qualifyingrequirement.

(Added to NRS by 1999, 1954; A 2001, 2722)

NRS 720.180 Licensureof certification authorities: Requirement; fee.

1. A person shall not conduct business as acertification authority without first obtaining a license as a certificationauthority from the Secretary of State.

2. The Secretary of State may charge a reasonable feefor such licensure.

(Added to NRS by 1999, 1955)

NRS 720.190 Enforcementof chapter: Injunctions and other orders; civil penalty. The Secretary of State may:

1. Issue injunctions and orders to enforce theprovisions of this chapter and any regulations adopted by the Secretary ofState pursuant thereto.

2. Impose a civil penalty not to exceed $10,000 for awillful violation of a provision of this chapter or a regulation adopted by theSecretary of State pursuant thereto.

(Added to NRS by 1999, 1955)

NRS 720.200 Unlawfulacts; penalty.

1. It is unlawful for a person to:

(a) Forge a digital signature; or

(b) Provide false information knowingly to theSecretary of State with respect to any provision of this chapter or aregulation adopted pursuant thereto that requires such a person to provideinformation to the Secretary of State.

2. A person who violates the provisions of subsection1 is guilty of a gross misdemeanor.

3. As used in this section, forge a digitalsignature means to create a digital signature that:

(a) Is not authorized by the person who holds theprivate key used to create the digital signature; or

(b) Although verifiable by a public key, thecertificate that contains the public key identifies a subscriber who:

(1) Does not exist; or

(2) Does not hold the private key thatcorresponds to the public key contained in the certificate.

(Added to NRS by 1999, 1955)

 

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