Minnesota Statutes 325K.24 – Presumptions in Adjudicating Disputes; Liability Allocation
Subdivision 1.Presumptions.
In adjudicating a dispute involving a digital signature, a court of this state presumes that:
Terms Used In Minnesota Statutes 325K.24
- 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.
- digitally signed: means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer's public key can accurately determine:
(1) whether the transformation was created using the private key that corresponds to the signer's public key; and
(2) whether the initial message has been altered since the transformation was made. See Minnesota Statutes 325K.01
- Licensed certification authority: means a certification authority to whom a license has been issued by the secretary and whose license is in effect, or a certification authority who operates under a license issued by a governmental entity which has been certified pursuant to section 325K. See Minnesota Statutes 325K.01
- Message: means a digital representation of information. 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
- Public key: means the key of a key pair used to verify a digital signature. See Minnesota Statutes 325K.01
- Recipient: means a person who has received a certificate and a digital signature verifiable with reference to a public key listed in the certificate and is in a position to rely on it. See Minnesota Statutes 325K.01
- Recognized repository: means a repository recognized by the secretary under section 325K. 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
- 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
- Valid certificate: means a certificate that:
(1) a licensed certification authority has issued;
(2) the subscriber listed in it has accepted;
(3) has not been revoked or suspended; and
(4) has not expired. See Minnesota Statutes 325K.01
- verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
(a) A certificate digitally signed by a licensed certification authority and either published in a recognized repository, or made available by the issuing certification authority or by the subscriber listed in the certificate is issued by the certification authority that digitally signed it and is accepted by the subscriber listed in it.
(b) The information listed in a valid certificate and confirmed by a licensed certification authority issuing the certificate is accurate.
(c) If a digital signature is verified by the public key listed in a valid certificate issued by a licensed certification authority:
(1) that digital signature is the digital signature of the subscriber listed in that certificate;
(2) that digital signature was affixed by that subscriber with the intention of signing the message; and
(3) the recipient of that digital signature has no knowledge or notice that the signer:
(i) breached a duty as a subscriber; or
(ii) does not rightfully hold the private key used to affix the digital signature.
(d) A digital signature was created before it was time stamped by a disinterested person utilizing a trustworthy system.
Subd. 2.Liability allocation.
A court of this state shall give effect to liability allocations between the parties provided by contract to the extent not inconsistent with the requirements of this chapter.