Nrs: Chapter 720 - Digital Signatures


Published: 2015

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[Rev. 11/21/2013 3:26:07

PM--2013]



CHAPTER 720 - DIGITAL SIGNATURES

NRS 720.010           Definitions.

NRS 720.020           “Asymmetric

cryptosystem” defined.

NRS 720.030           “Certificate”

defined.

NRS 720.040           “Certification

authority” defined.

NRS 720.050           “Correspond”

defined.

NRS 720.060           “Digital

signature” defined.

NRS 720.070           “Hold

a private key” defined.

NRS 720.080           “Key

pair” defined.

NRS 720.090           “Message”

defined.

NRS 720.100           “Private

key” defined.

NRS 720.110           “Public

key” defined.

NRS 720.115           “Record”

defined.

NRS 720.120           “Subscriber”

defined.

NRS 720.130           “Verify

a digital signature” defined.

NRS 720.140           Applicability

of chapter.

NRS 720.150           Adoption

of regulations by Secretary of State.

NRS 720.160           Use

of digital signature.

NRS 720.180           Licensure

of certification authorities: Requirement; fee.

NRS 720.190           Enforcement

of chapter: Injunctions and other orders; civil penalty.

NRS 720.200           Unlawful

acts; penalty.

_________

_________

 

      NRS 720.010  Definitions.  As

used in this chapter, unless the context otherwise requires, the words and

terms defined in NRS 720.020 to 720.130, inclusive, have the meanings ascribed to them

in those sections.

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

      NRS 720.020  “Asymmetric cryptosystem” defined.  “Asymmetric

cryptosystem” means an algorithm or series of algorithms that provide a secure

key pair.

      (Added to NRS by 1999, 1953)

      NRS 720.030  “Certificate” defined.  “Certificate”

means a computer-based record 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 authority issuing it.

      (Added to NRS by 1999, 1953)

      NRS 720.040  “Certification authority” defined.  “Certification

authority” means a person who issues a certificate.

      (Added to NRS by 1999, 1953)

      NRS 720.050  “Correspond” defined.  “Correspond”

means, with reference to keys, belonging to the same key pair.

      (Added to NRS by 1999, 1953)

      NRS 720.060  “Digital signature” defined.  “Digital

signature” means an electronic signature that transforms a message by using an

asymmetric cryptosystem. As used in this section, “electronic signature” has

the meaning ascribed to it in NRS 719.100.

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

      NRS 720.070  “Hold a private key” defined.  “Hold

a private key” means to be authorized to use a private key.

      (Added to NRS by 1999, 1954)

      NRS 720.080  “Key pair” defined.  “Key

pair” means a private key and its corresponding public key in an asymmetric

cryptosystem, which may be used in such a manner that the public key can verify

a digital signature created by the private key.

      (Added to NRS by 1999, 1954)

      NRS 720.090  “Message” defined.  “Message”

means a digital representation of information.

      (Added to NRS by 1999, 1954)

      NRS 720.100  “Private key” defined.  “Private

key” means the key of a key pair used to create a digital signature.

      (Added to NRS by 1999, 1954)

      NRS 720.110  “Public key” defined.  “Public

key” means the key of a key pair used to verify a digital signature.

      (Added to NRS by 1999, 1954)

      NRS 720.115  “Record” defined.  “Record”

has the meaning ascribed to it in NRS

719.150.

      (Added to NRS by 2001, 2721)

      NRS 720.120  “Subscriber” defined.  “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 the public key set forth in the certificate.

      (Added to NRS by 1999, 1954)

      NRS 720.130  “Verify a digital signature” defined.  “Verify

a digital signature” means, in relation to a given digital signature, message

and public key, to determine accurately that:

      1.  The digital signature was created by

the private key corresponding to the public key; and

      2.  The message has not been altered since

the digital signature was created.

      (Added to NRS by 1999, 1954)

      NRS 720.140  Applicability of chapter.

      1.  Except as otherwise provided in this

subsection, the provisions of this chapter apply to any transaction for which a

digital signature is used to sign an electronic record. The provisions of this

chapter do not apply to a digital signature that is used to sign an electronic

health record in accordance with NRS

439.581 to 439.595, inclusive, and

the regulations adopted pursuant thereto.

      2.  As used in this section, “electronic record”

has the meaning ascribed to it in NRS

719.090.

      (Added to NRS by 1999, 1954; A 2001, 2722; 2011, 1766)

      NRS 720.150  Adoption of regulations by Secretary of State.  The Secretary of State shall adopt regulations

regarding digital signatures, including, without limitation, regulations pertaining

to:

      1.  The use of a digital signature,

including, without limitation, standards for the commercial use of a digital

signature;

      2.  Licensure of a certification authority,

including, without limitation, professional standards that a certification authority

must meet 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

digital signature, 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 the imposition of civil penalties pursuant to NRS

720.190;

      7.  The status of a private key as personal

property;

      8.  The responsibilities of a subscriber

with respect to the use and handling of a private key;

      9.  The confidentiality of information

represented in a message that is transformed by a digital signature; and

      10.  Any other aspect of the use or

verification of digital signatures that the Secretary of State determines to be

necessary.

      (Added to NRS by 1999, 1955)

      NRS 720.160  Use of digital signature.

      1.  Except as otherwise provided in this section,

if each person who will be involved in the submission and acceptance of a

record agrees 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,

Ê constitutes

a sufficient signing of the record.

      2.  The provisions of this section do not

apply with respect to:

      (a) A record that is required to be signed in the

presence of a third party; or

      (b) A record with respect to which the

requirement that the record must be signed is accompanied by an additional

qualifying requirement.

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

      NRS 720.180  Licensure of certification authorities: Requirement; fee.

      1.  A person shall not conduct business as

a certification authority without first obtaining a license as a certification

authority from the Secretary of State.

      2.  The Secretary of State may charge a

reasonable fee for such licensure.

      (Added to NRS by 1999, 1955)

      NRS 720.190  Enforcement of chapter: Injunctions and other orders; civil

penalty.  The Secretary of State

may:

      1.  Issue injunctions and orders to enforce

the provisions of this chapter and any regulations adopted by the Secretary of

State pursuant thereto.

      2.  Impose a civil penalty not to exceed

$10,000 for a willful violation of a provision of this chapter or a regulation

adopted by the Secretary of State pursuant thereto.

      (Added to NRS by 1999, 1955)

      NRS 720.200  Unlawful acts; penalty.

      1.  It is unlawful for a person to:

      (a) Forge a digital signature; or

      (b) Provide false information knowingly to the

Secretary of State with respect to any provision of this chapter or a

regulation adopted pursuant thereto that requires such a person to provide

information to the Secretary of State.

      2.  A person who violates the provisions of

subsection 1 is guilty of a gross misdemeanor.

      3.  As used in this section, “forge a

digital signature” means to create a digital signature that:

      (a) Is not authorized by the person who holds the

private key used to create the digital signature; or

      (b) Although verifiable by a public key, the

certificate that contains the public key identifies a subscriber who:

             (1) Does not exist; or

             (2) Does not hold the private key that

corresponds to the public key contained in the certificate.

      (Added to NRS by 1999, 1955)

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