[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)