[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.
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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)
