Chapter 325K — Purposes and Construction
Minnesota Statutes Chapter 325K — Purposes and Construction
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Short Title
This chapter is officially called the 'Minnesota Electronic Authentication Act.' It sets the rules for digital …
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Definitions
This section defines all the key terms used in the Electronic Authentication Act. It covers terms like 'digital …
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Purposes and Construction
This section states the goals of the Electronic Authentication Act. The law aims to make electronic commerce more …
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Role of the Secretary
The Minnesota Secretary of State serves as a certification authority and oversees the digital signature system. The …
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Fees
The Secretary of State sets fees for all services under this chapter. The fees must be enough to cover the costs of …
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Licensure and Qualifications of Certification Authorities
Companies that want to issue digital certificates in Minnesota must get a license from the Secretary of State. To …
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Performance Audits
Every licensed certification authority in Minnesota must be audited by a certified public accountant with computer …
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Enforcement of Requirements for Licensed Certification Authorities
The Secretary of State has the power to investigate certified authorities, issue compliance orders, suspend or revoke …
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Dangerous Activities by Certification Authority Prohibited
This section prohibits all certification authorities—licensed or not—from running their business in ways that create …
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General Requirements for Certification Authorities
This section requires licensed certification authorities and their subscribers to use only 'trustworthy systems' when …
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Issuance of Certificate
Before a licensed certification authority can issue a digital certificate, it must verify the applicant's identity in …
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Warranties and Obligations Upon Issuance of Certificate
When a certification authority issues a certificate, it makes legally binding promises to the subscriber: that the …
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Representations and Duties Upon Accepting Certificate
When a person or organization accepts a digital certificate for use, they make legal representations—including that they …
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Control of Private Key
Subscribers must keep their private keys under their sole control and must not share or disclose the private key to …
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Suspension of Certificate
A certification authority can temporarily suspend a digital certificate for up to 96 hours when there is reason to …
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Certificate Revocation
Certificate revocation permanently cancels a digital certificate so it can no longer be used to create valid signatures. …
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Certificate Expiration
Every digital certificate must have an expiration date set by the certification authority. When the expiration date …
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Recommended Reliance Limits
A certification authority and subscriber can include a 'recommended reliance limit' in a digital certificate, which …
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Collection Based on Suitable Guaranty
This section describes how people harmed by a certification authority's failure can make claims against the authority's …
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Satisfaction of Signature Requirements
This section establishes that a digital signature legally satisfies any requirement for a written signature, as long as …
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Unreliable Digital Signatures
If someone relies on a digital signature that turns out to be forged or unreliable, and that reliance was not reasonable …
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Digitally Signed Document is Written
This section gives digital signatures the same legal force as written documents signed on paper. A message that bears a …
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Digitally Signed Originals
A copy of a digitally signed message is just as legally valid as the original, unless the signer specifically designated …
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Acknowledgments
This section allows digital signatures to serve as the equivalent of a formal acknowledgment (notarization) when they …
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Presumptions in Adjudicating Disputes; Liability Allocation
This section sets out legal presumptions that apply when courts resolve disputes about digital signatures. When a …
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Recognition of Repositories
This section sets the requirements for 'recognized repositories'—public databases where information about certificates, …
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Rulemaking
This section gives the Secretary of State authority to adopt administrative rules to carry out the Electronic …
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Court Rules
This section makes clear that the Electronic Authentication Act does not limit the authority of the Minnesota Supreme …