Advanced Search

RULE §203.1 Applicable Terms and Technologies for Management of Electronic Transactions and Signed Records


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
  (1) Asymmetric cryptosystem--A computer-based system
that employs two different but mathematically related keys with the
following characteristics:
    (A) one key encrypts a given message;
    (B) one key decrypts a given message; and
    (C) the keys have the property that, knowing one key,
it is computationally infeasible to discover the other key.
  (2) Certificate--A message which:
    (A) identifies the certification authority issuing
it;
    (B) names or identifies its subscriber;
    (C) contains the subscriber's public key;
    (D) identifies its operational period;
    (E) is digitally signed by the certification authority
issuing it; and
    (F) conforms to ISO X.509 Version 3 standards.
  (3) Certificate Manufacturer--A person that provides
operational services for a Certification Authority or PKI Service
Provider. The nature and scope of the obligations and functions of
a Certificate Manufacturer depend on contractual arrangements between
the Certification Authority or other PKI Service Provider and the
Certificate Manufacturer.
  (4) Certificate Policy--A document prepared by a Policy
Authority that describes the parties, scope of business, functional
operations, and obligations between and among PKI Service Providers
and End Entities who engage in electronic transactions in a Public
Key Infrastructure.
  (5) Certification Authority--A person who issues a
certificate.
  (6) Certification practice statement--Documentation
of the practices, procedures, and controls employed by a Certification
Authority.
  (7) Digital signature--An electronic identifier intended
by the person using it to have the same force and effect as the use
of a manual signature, and that complies with the requirements of
this chapter.
  (8) Digitally signed communication--A message that
has been processed by a computer in such a manner that ties the message
to the individual that signed the message.
  (9) Electronic--Relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities.
  (10) Electronic record--A record created, generated,
sent, communicated, received, or stored by electronic means.
  (11) Electronic signature--An electronic sound, symbol,
or process attached to or logically associated with a record and executed
or adopted by a person with the intent to sign the record.
  (12) End Entities--Subscribers or Signers and Relying
Parties.
  (13) Escrow agent--A person who holds a copy of a private
key at the request of the owner of the private key in a trustworthy
manner.
  (14) Expert--A person with demonstrable skill and knowledge
based on training and experience who would qualify as an expert under
Rule 702 of the Texas Rules of Evidence.
  (15) Handwriting measurements--The metrics of the shapes,
speeds and/or other distinguishing features of a signature as the
person writes it by hand with a pen or stylus on a flat surface.
  (16) Key pair--A private key and its corresponding
public key in an asymmetric cryptosystem. The keys have the property
that the public key can verify a digital signature that the private
key creates.
  (17) Local government--A county, municipality, special
district, or other political subdivision of this state or another
state, or a combination of two or more of those entities, but excluding
an agency in the judicial branch of local government.
  (18) Message--A digital representation of information.
  (19) Person--An individual, state agency, institution
of higher education, local government, corporation, partnership, association,
organization, or any other legal entity.
  (20) PKI--Public Key Infrastructure; A set of policies,
processes, server platforms, software and workstations used for the
purpose of administering certificates and public-private key pairs,
including the ability to issue, maintain, and revoke public key certificates.

  (21) PKI Service Provider--A Certification Authority,
Certificate Manufacturer, Registrar, or any other person that performs
services pertaining to the issuance or verification of certificates.
  (22) Policy Authority--A person with final authority
and responsibility for specifying a Certificate Policy.
  (23) Private key-- The secret part of an asymmetric
key pair that is used to digitally sign or decrypt data.
  (24) Proof of Identification--The document or documents
or other evidence presented to a Certification Authority to establish
the identity of a subscriber.
  (25) Public key-- The public part of an asymmetric
key pair that is used to verify signatures or encrypt data.
  (26) Public Key Cryptography--A type of cryptographic
technology that employs an asymmetric cryptosystem.
  (27) Record--Information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is retrievable
in perceivable form.
  (28) Registrar--A person that gathers evidence necessary
to confirm the accuracy of information to be included in a Subscriber's
certificate.
  (29) Relying Party--A state agency, including an institution
of higher education, that has received an electronic message that
has been signed with a digital signature and is in a position to rely
on the message and signature.
  (30) Role-based key--A key pair issued to a person
to use when acting in a particular business or organizational capacity.
  (31) Signature Dynamics--Measuring the way an individual
writes his or her signature by hand on a flat surface and binding
the measurements to a message through the use of cryptographic techniques.

  (32) Signer--The person who signs a digitally signed
communication with the use of an acceptable technology to uniquely
link the message with the person sending it.
  (33) Subscriber--A person who:
    (A) is the subject listed in a certificate;
    (B) accepts the certificate; and
    (C) holds a private key which corresponds to a public
key listed in that certificate.
  (34) Technology--The computer hardware and/or software-based
method or process used to create digital signatures.
  (35) Transaction--An action or set of actions occurring
between two or more persons relating to the conduct of business, commercial,
or governmental affairs, where one of the persons is a state agency,
including an institution of higher education.
  (36) Written electronic communication--A message that
is sent by one person to another person.