USA Statutes : nevada
Title : Title 59 - ELECTRONIC RECORDS AND TRANSACTIONS
Chapter : CHAPTER 720 - DIGITAL SIGNATURES
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 )
“Asymmetric
cryptosystem” means an algorithm or series of algorithms that provide a
secure key pair.
(Added to NRS by 1999, 1953 )
“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 )
“Certification
authority” means a person who issues a certificate.
(Added to NRS by 1999, 1953 )
“Correspond” means, with
reference to keys, belonging to the same key pair.
(Added to NRS by 1999, 1953 )
“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 )
“Hold a private key”
means to be authorized to use a private key.
(Added to NRS by 1999, 1954 )
“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 )
“Message” means a digital
representation of information.
(Added to NRS by 1999, 1954 )
“Private key” means the key of
a key pair used to create a digital signature.
(Added to NRS by 1999, 1954 )
“Public key” means the key of a
key pair used to verify a digital signature.
(Added to NRS by 1999, 1954 )
“Record” has the meaning ascribed
to it in NRS 719.150 .
(Added to NRS by 2001, 2721 )
“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 )
“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 )
1. The provisions of this chapter apply to any transaction for
which a digital signature is used to sign an electronic record.
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 )
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 )
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 )
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 )
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 )
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 )
