Section 325K.001 — Short Title.

325K.001 SHORT TITLE. This chapter may be cited as the “Minnesota Electronic Authentication Act.” History: 1997 c 178 s 1

Section 325K.01 — Definitions.

325K.01 DEFINITIONS. Subdivision 1. Scope. Unless the context clearly requires otherwise, the terms used in this chapter have the meanings given them in this section. Subd. 2. Accept a certificate. “Accept a certificate” means either: (1) to manifest approval of a certificate, while knowing or having notice of its contents; or (2) to apply to […]

Section 325K.02 — Purposes And Construction.

325K.02 PURPOSES AND CONSTRUCTION. This chapter shall be construed consistently with what is commercially reasonable under the circumstances and to effectuate the following purposes: (1) to facilitate commerce by means of reliable electronic messages; (2) to minimize the incidence of forged digital signatures and fraud in electronic commerce; (3) to implement legally the general import […]

Section 325K.03 — Role Of The Secretary.

325K.03 ROLE OF THE SECRETARY. Subdivision 1. Secretary as certification authority. The secretary shall be a certification authority. The secretary shall issue, suspend, and revoke certificates in the manner prescribed under section 325K.10 to applicants for licensure. The secretary may also issue, suspend, and revoke certificates for governmental entities. Except for licensing requirements, this chapter […]

Section 325K.04 — Fees.

325K.04 FEES. (a) The secretary shall set reasonable fees for all services rendered under this chapter, in amounts sufficient to compensate for the costs of all services provided by the secretary under this chapter. Until July 1, 2001, the fees need not be set by rule. (b) The digital signature account is created in the […]

Section 325K.05 — Licensure And Qualifications Of Certification Authorities.

325K.05 LICENSURE AND QUALIFICATIONS OF CERTIFICATION AUTHORITIES. Subdivision 1. License conditions. To obtain or retain a license, a certification authority must: (1) be the subscriber of a certificate issued by the secretary and published in a recognized repository; (2) employ as operative personnel only persons who have not been convicted within the past 15 years […]

Section 325K.06 — Performance Audits.

325K.06 PERFORMANCE AUDITS. Subdivision 1. Annual audit; auditor qualifications; rules. A certified public accountant having expertise in computer security must audit the operations of each licensed certification authority at least once each year to evaluate compliance with this chapter. The secretary may by rule specify the qualifications of auditors. Subd. 2. Compliance categories. Based on […]

Section 325K.07 — Enforcement Of Requirements For Licensed Certification Authorities.

325K.07 ENFORCEMENT OF REQUIREMENTS FOR LICENSED CERTIFICATION AUTHORITIES. Subdivision 1. Investigation. The secretary may investigate the activities of a licensed certification authority material to its compliance with this chapter and issue orders to a certification authority to further its investigation and secure compliance with this chapter. Subd. 2. Suspension or revocation. The secretary may summarily […]

Section 325K.08 — Dangerous Activities By Certification Authority Prohibited.

325K.08 DANGEROUS ACTIVITIES BY CERTIFICATION AUTHORITY PROHIBITED. Subdivision 1. Prohibition generally. No certification authority, whether licensed or not, may conduct its business in a manner that creates an unreasonable risk of loss to subscribers of the certification authority, to persons relying on certificates issued by the certification authority, or to a repository. Subd. 2. Orders […]

Section 325K.09 — General Requirements For Certification Authorities.

325K.09 GENERAL REQUIREMENTS FOR CERTIFICATION AUTHORITIES. Subdivision 1. Use of trustworthy system. A licensed certification authority or subscriber may use only a trustworthy system: (1) to issue, suspend, or revoke a certificate; (2) to publish or give notice of the issuance, suspension, or revocation of a certificate; or (3) to create a private key. Subd. […]

Section 325K.10 — Issuance Of Certificate.

325K.10 ISSUANCE OF CERTIFICATE. Subdivision 1. Conditions. A licensed certification authority may issue a certificate to a subscriber only after all of the following conditions are satisfied: (1) the certification authority has received a request for issuance signed by the prospective subscriber; (2) the prospective subscriber or the prospective subscriber’s duly authorized agent must appear […]

Section 325K.11 — Warranties And Obligations Upon Issuance Of Certificate.

325K.11 WARRANTIES AND OBLIGATIONS UPON ISSUANCE OF CERTIFICATE. Subdivision 1. Absolute warranties to subscribers. By issuing a certificate, a licensed certification authority warrants to the subscriber named in the certificate that: (1) the certificate contains no information known to the certification authority to be false; (2) the certificate satisfies all material requirements of this chapter; […]

Section 325K.12 — Representations And Duties Upon Accepting Certificate.

325K.12 REPRESENTATIONS AND DUTIES UPON ACCEPTING CERTIFICATE. Subdivision 1. Subscriber warranties. By accepting a certificate issued by a licensed certification authority, the subscriber listed in the certificate certifies to all who reasonably rely on the information contained in the certificate that: (1) the subscriber rightfully holds the private key corresponding to the public key listed […]

Section 325K.13 — Control Of Private Key.

325K.13 CONTROL OF PRIVATE KEY. Subdivision 1. Duty. By accepting a certificate issued by a licensed certification authority, the subscriber identified in the certificate assumes a duty to exercise reasonable care to retain control of the private key and prevent its disclosure to a person not authorized to create the subscriber’s digital signature. Subd. 2. […]

Section 325K.14 — Suspension Of Certificate.

325K.14 SUSPENSION OF CERTIFICATE. Subdivision 1. Suspension for 96 hours. Unless the certification authority and the subscriber agree otherwise, the licensed certification authority that issued a certificate that is not a transactional certificate must suspend the certificate for a period not to exceed 96 hours: (1) upon request by a person identifying himself or herself […]

Section 325K.15 — Certificate Revocation.

325K.15 CERTIFICATE REVOCATION. Subdivision 1. After request. A licensed certification authority must revoke a certificate that it issued but which is not a transactional certificate, after: (1) receiving a request for revocation by the subscriber named in the certificate; and (2) confirming that the person requesting revocation is the subscriber, or is an agent of […]

Section 325K.16 — Certificate Expiration.

325K.16 CERTIFICATE EXPIRATION. Subdivision 1. Expiration date. A certificate must indicate the date on which it expires. Subd. 2. Effect of expiration. When a certificate expires, the subscriber and certification authority cease to certify as provided in this chapter and the certification authority is discharged of its duties based on issuance, in relation to the […]

Section 325K.17 — Recommended Reliance Limits.

325K.17 RECOMMENDED RELIANCE LIMITS. By specifying a recommended reliance limit in a certificate, the issuing certification authority and accepting subscriber recommend that persons rely on the certificate only to the extent that the total amount at risk does not exceed the recommended reliance limit. History: 1997 c 178 s 18

Section 325K.18 — Collection Based On Suitable Guaranty.

325K.18 COLLECTION BASED ON SUITABLE GUARANTY. Subdivision 1. Bond or letter of credit. (a) If the suitable guaranty is a surety bond, a person may recover from the surety the full amount of a qualified right to payment against the principal named in the bond. (b) If the suitable guaranty is a letter of credit, […]

Section 325K.19 — Satisfaction Of Signature Requirements.

325K.19 SATISFACTION OF SIGNATURE REQUIREMENTS. (a) Where a rule of law requires a signature, or provides for certain consequences in the absence of a signature, that rule is satisfied by a digital signature, if: (1)(i) the digital signature is that of a public or local official as defined in section 10A.01, subdivisions 22 and 35, […]