Minnesota Statutes 325K.05 – Licensure and Qualifications of Certification Authorities
Subdivision 1.License conditions.
To obtain or retain a license, a certification authority must:
Terms Used In Minnesota Statutes 325K.05
- Certificate: means a computer-based record that:
(1) identifies the certification authority issuing it;
(2) names or identifies its subscriber;
(3) contains the subscriber's public key; and
(4) is digitally signed by the certification authority issuing it. See Minnesota Statutes 325K.01
- Certification authority: means a person who issues a certificate. See Minnesota Statutes 325K.01
- Contract: A legal written agreement that becomes binding when signed.
- Fraud: Intentional deception resulting in injury to another.
- Operative personnel: means one or more natural persons acting as a certification authority or its agent, or in the employment of, or under contract with, a certification authority, and who have duties directly involving the issuance of certificates, creation of private keys, or administration of a certification authority's computing facilities. See Minnesota Statutes 325K.01
- Person: means a human being or an organization capable of signing a document, either legally or as a matter of fact. See Minnesota Statutes 325K.01
- Private key: means the key of a key pair used to create a digital signature. See Minnesota Statutes 325K.01
- Recognized repository: means a repository recognized by the secretary under section 325K. See Minnesota Statutes 325K.01
- Secretary: means the Minnesota secretary of state. See Minnesota Statutes 325K.01
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Subscriber: means a person who:
(1) is the subject listed in a certificate;
(2) accepts the certificate; and
(3) holds a private key that corresponds to a public key listed in that certificate. See Minnesota Statutes 325K.01
- Suitable guaranty: means :
(1) a surety bond or an irrevocable letter of credit issued for the benefit of persons holding qualified rights of payment against the licensed certification authority named as the principal of the bond or the customer of the letter of credit; or
(2) a policy of insurance that provides that claims may be made and resolved without obtaining a qualified right to payment. See Minnesota Statutes 325K.01
- Summary suspension: means a temporary rescission of a certification authority's license by order of the secretary. See Minnesota Statutes 325K.01
- Trustworthy system: means computer hardware and software that:
(1) are reasonably secure from intrusion and misuse;
(2) provide a reasonable level of availability, reliability, and correct operation; and
(3) are reasonably suited to performing their intended functions. See Minnesota Statutes 325K.01
(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 of a felony or a crime involving fraud, false statement, or deception;
(3) employ as operative personnel only persons who have demonstrated knowledge and proficiency in following the requirements of this chapter;
(4) file with the secretary a suitable guaranty, unless the certification authority is a department, office, or official of a federal, state, city, or county governmental entity that is self-insured;
(5) use a trustworthy system, including a secure means for limiting access to its private key;
(6) present proof to the secretary of having working capital reasonably sufficient, according to rules adopted by the secretary, to enable the applicant to conduct business as a certification authority;
(7) register its business organization with the secretary, unless the applicant is a governmental entity or is otherwise prohibited from registering;
(8) require a potential subscriber to appear in person before the certification authority, or an agent of the certification authority, to prove the subscriber’s identity before a certificate is issued to the subscriber; and
(9) comply with all further licensing requirements established by rule by the secretary.
The secretary may, by rule, establish standards by which the in-person registration required in clause (8) may be waived.
Subd. 2.License procedures.
The secretary must issue a license to a certification authority that:
(1) is qualified under subdivision 1;
(2) applies in writing to the secretary for a license; and
(3) pays a filing fee adopted by rule by the secretary.
Subd. 3.
[Repealed, 1998 c 321 s 31]
Subd. 4.Revocation or suspension.
(a) The secretary may revoke or suspend a certification authority’s license, in accordance with the Administrative Procedure Act, chapter 14, for failure to comply with this chapter or for failure to remain qualified under subdivision 1.
(b) The secretary may order a summary suspension of a license. The written order for summary suspension may include a finding that the certification authority has:
(1) used its license in the commission of a state or federal crime or of a violation of sections 325F.68 to 325F.70; or
(2) engaged in conduct giving rise to serious risk of loss to public or private parties if the license is not immediately suspended.
Subd. 5.Other authorities.
The secretary may recognize by rule the licensing or authorization of certification authorities by non-Minnesota governmental entities, provided that those licensing or authorization requirements are substantially similar to those of this state. If licensing by another governmental entity is so recognized:
(1) sections 325K.19 to 325K.24 apply to certificates issued by the certification authorities licensed or authorized by that governmental entity in the same manner as it applies to licensed certification authorities of this state; and
(2) the liability limits of section 325K.17 apply to the certification authorities licensed or authorized by that governmental entity in the same manner as they apply to licensed certification authorities of this state.
Subd. 6.Applicability to digital signatures.
Parties may provide by contract for the effectiveness, enforceability, or validity of any digital signature as between those parties. Sections 325K.19 to 325K.24 do not apply to a certificate and associated digital signature issued by an unlicensed certification authority.
Subd. 7.Nonapplicability.
A certification authority that has not obtained a license is not subject to the provisions of this chapter, except as specifically provided.