New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 12 - INFORMATION TECHNOLOGY
Part 7 - DIGITAL / ELECTRONIC SIGNATURE
Section 1.12.7.7 - DEFINITIONS

Universal Citation: 1 NM Admin Code 1.12.7.7

Current through Register Vol. 35, No. 18, September 24, 2024

For purposes of this part, all terms defined in the Uniform Electronic Transactions Act, Section 14-16-1 et seq NMSA 1978 have the meanings set forth in statute. Additionally, the following terms shall have the following meanings:

A. Terms beginning with the letter "A":

(1) "Agreement" refer to Uniform Electronic Transactions Act, Section 14-16-2(1) NMSA 1978.

(2) "Attribution" means the process of establishing or confirming that someone is the previously identified person they claim to be.

(3) "Authenticate" refer to Electronic Authentication of Documents Act, Section 14-15-3(A) NMSA 1978.

(4) "Automated transaction" refer to Uniform Electronic Transactions Act, Section 14-16-2(2) NMSA 1978.

B. Terms beginning with the letter "B":

(1) "Biometrics" means the unique physical characteristics of individuals that can be converted into digital form and then interpreted by a computer. Among these are voice patterns, fingerprints, and the blood vessel patterns present on the retina of one or both eyes.

C. Terms beginning with the letter "C":

(1) "Click wrap" means a click wrap agreement, also known as click through agreement or click wrap license, that require an end user to manifest his or her assent by clicking a button or pop-up window that says "OK" or "agree" or some similar form. A user indicates rejection by clicking "cancel" or some similar form or by closing browsing window.

(2) "Computer program" refer to Uniform Electronic Transactions Act, Section 14-16-2(3) NMSA 1978.

(3) "Contract" refer to Uniform Electronic Transactions Act, Section 14-16-2(4) NMSA 1978.

(4) "Credential" means a digital document that binds a person' identity to a token possessed and controlled by a person; data that is used to establish the claimed attributes or identity of a person or an entity. Common paper credentials include passports, birth certificates, driver's licenses and employee identification cards. Common digital credentials include user IDs and digital certificates. Credentials are a tool for authentication.

(5) "Cryptographic key" means a value used to control cryptographic operations, such as decryption, encryption, signature generation or signature verification.

D. Terms beginning with the letter "D":

(1) "Digital signature" means any electronic signature that can be used to authenticate the identity of the sender of or signer of a document, and may also ensure that the content of the sent document is unaltered.

(2) "Digitized signature" means a graphical image of a handwritten signature.

(3) "Document" refer to Electronic Authentication of Documents Act, Section 14-15-3(B) NMSA 1978.

E. Terms beginning with the letter "E":

(1) "Electronic" refer to Uniform Electronic Transactions Act, Section 14-16-2(5) NMSA 1978.

(2) "Electronic agent" refer to Uniform Electronic Transactions Act, Section 14-16-2(6) NMSA 1978.

(3) "Electronic authentication" refers to Electronic Authentication of Documents Act, Section 14-15-3(C) NMSA 1978.

(4) "Electronic record" refer to Uniform Electronic Transactions Act, Section 14-16-2(7) NMSA 1978.

(5) "Electronic signature" refer to Uniform Electronic Transactions Act, Section 14-16-2(8) NMSA 1978.

F. Terms beginning with the letter "F":

G. Terms beginning with the letter "G":

(1) "Governmental agency" refer to Uniform Electronic Transactions Act, Section 14-16-2(9) NMSA 1978.

H.Terms beginning with the letter "H":

(1)"Hash" or Hash function" means a mathematical function that takes a variable length input string and converts it to a smaller fixed-length output string, that is for all relevant purposes unique to the data used as input to the message digest function. The message digest is, in essence, a digital fingerprint of the data to which it relates.

(2) "Hyperlink" means any electronic link providing direct access from one distinctively marked place in a hypertext or hypermedia document to another in the same or a different document.

I.Terms beginning with the letter "I":

(1) "Identification" means the process of verifying and associating attributes with a particular person designated by an identifier

(2)"Identity" means the unique name of an individual person, and any associated attributes; the set of the properties of a person that allows the person to be distinguished from other persons.

(3) "Information" refer to Uniform Electronic Transactions Act, Section 14-16-2(10) NMSA 1978.

(4) "Information processing system" refer to Uniform Electronic Transactions Act, Section 14-16-2(11) NMSA 1978.

(5) "Integrity" means a state in which information has remained unaltered from the point it was produced by a source, during transmission, storage and eventual receipt by the destination.

(6) "Intent to sign" means the intent of a person that a sound, symbol or process is applied to a record in order to have a legally binding effect.

(7) "Level of assurance" means the level of authentication assurance that describes the degree of certainty that a user has presented an identifier that refers to her identity.

J. Terms beginning with the letter "J": [RESERVED]

K. Terms beginning with the letter "K": [RESERVED]

L Terms beginning with the letter "L": [RESERVED]

M. Terms beginning with the letter "M":

(1)"Method" means a particular way of doing something, a means, process or manner of procedure, especially a regular and systematic way of accomplishing something and an orderly arrangement of steps to accomplish an end.

N.Terms beginning with the letter "N":

(1)NIST Special Publication 800-63" refers to the National Institute of Standards and Technology, Special Publication 800-63, Electronic Authentication Guidance.

O.Terms beginning with the letter "O":

(1) "Originator" refers to Electronic Authentication of Documents Act, Section 14-15-3(E) NMSA 1978.

P.Terms beginning with the letter "P":

(1) "Password" means a secret word or string of characters that is used for authentication, to prove identity or to gain access to a record or resource. Passwords are typically character strings.

(2) "PDF" or Portable Document Format refers to a file format used to present documents in a manner independent of application software, hardware, and operating systems. A PDF file encapsulates a complete description of a fixed-layout fat document, including the text, fonts, graphics, and other information needed to display it.

(3) "Person" refer to Uniform Electronic Transactions Act, Section 14-16-2(12) NMSA 1978.

(4) "Personal identification number (PIN) means a shared secret a person accessing a government organization's electronic application is requested to enter, such as a password or PIN. The system checks that password or PIN against data in a database to ensure its correctness and thereby "authenticates" the user

(5) "Private key" means the code or alphanumeric sequence used to encode an electronic authentication and which is known only to its owner The private key is the part of a key pair used to create an electronic authentication.

(6) "Public key" means the code or alphanumeric sequence used to decode an electronic authentication. The public key is the part of a key pair used to verify an electronic authentication.

(7) "Public/ private key system" means the hardware, software, and firmware that are provided by a vendor for:
(a) the generation of public/private key pairs,

(b) the record abstraction by means of a secure hash code,

(c) the encoding of the signature block and the record abstraction or the entire record,

(d) the decoding of the signature block and the record abstraction or the entire record, and

(e) the verification of the integrity of the received record.

Q. Terms beginning with the letter "Q": [RESERVED]

R. Terms beginning with the letter "R":

(1)"Reason for signing" means the purpose statement of a person with regard to a document or electronic record that is affirmed by signing the document or record. The reason for signing should be distinguished from the intent to sign.

(2) "Record" refer to Uniform Electronic Transactions Act, Section 14-16-2(13) NMSA 1978.

(3) "Record abstraction" means a condensed representation of a document, which condensation is prepared by use of a secure hash code; it is also known as a message digest.

(4) "Repudiate" and "non-repudiation" refer to the acts of denying or proving the origin of a document from its sender, and to the acts of denying or proving the receipt of a document by its recipient.

(5)"Risk" is a function of the likelihood that a given threat will exploit a potential vulnerability and have an adverse impact on an organization.

S.Terms beginning with the letter "S":

(1) "Secure hash code" is a mathematical algorithm that, when applied to an electronic version of a document, creates a condensed version of the document from which it is computationally infeasible to identify or recreate the document which corresponds to the condensed version of the document without extrinsic knowledge of that correspondence.

(2) "Security procedure" refer to Uniform Electronic Transactions Act, Section 14-16-2(14) NMSA 1978.

(3) "Signed" and "signature" refer to Electronic Authentication of Documents Act, Section 14-15-3(G) NMSA 1978..

(4) "Signature block" means the portion of a document, encoded by the private key, which contains the identity of the originator and the date and time of the records creation, submittal or approval.

(5) "Signing requirements" means the requirements that must be satisfied to create a valid and enforceable electronic signature.

(6) "State" refer to Uniform Electronic Transactions Act, Section 14-16-2(15) NMSA 1978.

T.Terms beginning with the letter "T":

(1) "TIF" or "TIFF" or Tagged Image Format refers to an image file format for high-quality graphics.

(2) "Threat" means a potential circumstance, entity or event capable of exploiting vulnerability and causing harm. Threats can come from natural causes, human actions, or environmental conditions. A threat does not present a risk when there is no vulnerability. Vulnerability is a weakness that can be accidentally triggered or intentionally exploited.

(3)"Token" refers to something that a person possesses and controls (typically a cryptographic key or password) that is used to authenticate the person's identity.

(4) "Transaction" refer to Uniform Electronic Transactions Act, Section 14-16-2(16) NMSA 1978.

(5) "Transferable record" means an electronic record that would:
(a) be a note under Chapter 55, Article 3 NMSA 1978 or a document under Chapter 55, Article 7 NMSA 1978 if the electronic record were in writing; and

(b) the issuer of the electronic record expressly has agreed is a transferable record.

(6)"Trusted entity" means an independent, unbiased third party that contributes to, or provides, important security assurances that enhance the admissibility, enforceability and reliability of information in electronic form. In a public/private key system, a trusted entity registers a digitally signed data structure that binds an entity's name (or identity) with its public key.

U. Terms beginning with the letter "U": [RESERVED]

V. Terms beginning with the letter "V":

(1)"Voice signature" means an audio recording created by an individual who intends to sign a particular transaction (or document) and used as the electronic form of signature.

W. Terms beginning with the letter "W": [RESERVED]

X. Terms beginning with the letter "X": [RESERVED]

Y. Terms beginning with the letter "Y": [RESERVED]

Z. Terms beginning with the letter "Z": [RESERVED]

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