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PAG LIN
1 1 HOUSE FILE 624
1 2
1 3 AN ACT
1 4 RELATING TO ELECTRONIC COMMERCE SECURITY, AND PROVIDING
1 5 PENALTIES.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 DIVISION I
1 10 SUBCHAPTER I
1 11 GENERAL
1 12 Section 1. NEW SECTION. 554C.101 SHORT TITLE.
1 13 This chapter shall be known and may be cited as the "Iowa
1 14 Electronic Commerce Security Act".
1 15 Sec. 2. NEW SECTION. 554C.102 PURPOSES AND CONSTRUCTION.
1 16 This chapter shall be construed consistently with what is
1 17 commercially reasonable under the circumstances and to
1 18 effectuate all of the following purposes:
1 19 1. Facilitate electronic communications by means of
1 20 reliable electronic records.
1 21 2. Facilitate and promote electronic commerce, by
1 22 eliminating barriers resulting from uncertainties over writing
1 23 and signature requirements, and promoting the development of
1 24 the legal and business infrastructure necessary to implement
1 25 secure electronic commerce.
1 26 3. Facilitate electronic filing of documents with state
1 27 and local government agencies and promote efficient delivery
1 28 of government services by means of reliable electronic
1 29 records.
1 30 4. Minimize the incidence of forged electronic records,
1 31 intentional and unintentional alteration of records, and fraud
1 32 in electronic commerce.
1 33 5. Establish uniformity of rules, regulations, and
1 34 standards regarding the authentication and integrity of
1 35 electronic records.
2 1 6. Promote public confidence in the integrity,
2 2 reliability, and legality of electronic records and electronic
2 3 commerce.
2 4 Sec. 3. NEW SECTION. 554C.103 VARIATION BY AGREEMENT –
2 5 USE OF ELECTRONIC MEANS OPTIONAL.
2 6 1. As between parties involved in generating, sending,
2 7 receiving, storing, or otherwise processing electronic
2 8 records, the provisions of this chapter may be varied by
2 9 agreement of the parties. However, an agreement shall not
2 10 vary requirements provided in section 554C.203, subsection 2;
2 11 section 554C.204, subsection 4; section 554C.305, subsection
2 12 2; sections 554C.422, 554C.423, 554C.424, and 554C.442; and
2 13 section 554C.444, subsection 2.
2 14 2. This chapter shall not be construed to require a person
2 15 to create, store, transmit, accept, or otherwise use or
2 16 communicate information, records, or signatures by electronic
2 17 means or in electronic form. A government agency shall not
2 18 require electronic filing of an electronic record or an
2 19 electronic signature as the only means of filing such record
2 20 or signature, except as otherwise provided by a rule of law.
2 21 SUBCHAPTER II
2 22 ELECTRONIC RECORDS AND SIGNATURES GENERALLY
2 23 Sec. 4. NEW SECTION. 554C.201 DEFINITIONS.
2 24 As used in this chapter, unless the context otherwise
2 25 requires:
2 26 1. "Commissioner" means the commissioner of insurance
2 27 appointed pursuant to section 505.2.
2 28 2. "Consumer" means an individual engaged in a transaction
2 29 for personal, family, or household purposes.
2 30 3. "Consumer transaction" means a transaction by an
2 31 individual for personal, household, or family use.
2 32 4. "Electronic" includes electrical, digital, magnetic,
2 33 optical, electromagnetic, or any other form of technology that
2 34 entails capabilities similar to these technologies.
2 35 5. "Electronic record" means a record generated,
3 1 communicated, received, or stored by electronic means for use
3 2 in an information system or for transmission from one
3 3 information system to another.
3 4 6. "Electronic signature" means a signature in electronic
3 5 form attached to or logically associated with an electronic
3 6 record.
3 7 7. "Government agency" means the executive, legislative,
3 8 or judicial branch, or an agency, department, board,
3 9 commission, authority, institution, or instrumentality of this
3 10 state or of any county, city, or other political subdivision
3 11 of this state.
3 12 8. "Information" includes but is not limited to data,
3 13 text, images, sound, codes, computer programs, software, and
3 14 databases.
3 15 9. "Party" means a person involved in an electronic
3 16 transaction governed by the provisions of this chapter.
3 17 10. "Record" means information that is inscribed, stored,
3 18 or otherwise fixed on a tangible medium or that is stored in
3 19 an electronic or other medium and is retrievable in
3 20 perceivable form.
3 21 11. "Rule of law" means any statute, rule of or order by a
3 22 government agency, regulation, ordinance, common law rule, or
3 23 court decision enacted, adopted, established, or rendered by
3 24 the general assembly, government agency, court, political
3 25 subdivision of, or other authority of, this state or the
3 26 federal government.
3 27 12. "Security procedure" means a methodology or procedure
3 28 for the purpose of doing any of the following:
3 29 a. Verifying that an electronic record is the record of a
3 30 specific person.
3 31 b. Detecting an error or alteration in the communication,
3 32 content, or storage of an electronic record since a specific
3 33 point in time. A security procedure may require the use of
3 34 algorithms or codes, identifying words or numbers, encryption,
3 35 answer back, acknowledgment procedures, or similar security
4 1 devices.
4 2 13. "Signed" or "signature" includes any symbol executed
4 3 or adopted, or any security procedure employed or adopted,
4 4 including by use of electronic means, by or on behalf of a
4 5 person with a present intention to authenticate a record.
4 6 Definitions used in any part of this chapter shall apply in
4 7 all other parts of this chapter.
4 8 Sec. 5. NEW SECTION. 554C.202 LEGAL RECOGNITION.
4 9 Information shall not be denied legal effect, validity, or
4 10 enforceability solely on the grounds that it is in the form of
4 11 an electronic record or an electronic signature.
4 12 A transaction subject to this chapter is also subject to
4 13 other applicable substantive rules of law. Other substantive
4 14 rules of law, whenever reasonable, shall be construed to be
4 15 consistent with this chapter. If such construction is
4 16 unreasonable, such other substantive rule of law governs.
4 17 Sec. 6. NEW SECTION. 554C.203 ELECTRONIC RECORDS.
4 18 1. Where a rule of law requires information to be written
4 19 or in writing or provides for certain consequences if it is
4 20 not, an electronic record satisfies that rule of law
4 21 requirement.
4 22 2. The provisions of this section shall not apply to any
4 23 of the following:
4 24 a. When its application involves a construction of a rule
4 25 of law that is clearly inconsistent with the manifest intent
4 26 of the body imposing the requirement or repugnant to the
4 27 context of the same rule of law. However, the mere
4 28 requirement that information be in writing, written, or
4 29 printed shall not by itself be sufficient to establish an
4 30 intent which is inconsistent with the requirement of this
4 31 section.
4 32 b. A rule of law governing the creation or execution of a
4 33 will or trust, living will, a general, durable, or healthcare
4 34 power of attorney, or a voluntary, involuntary, or standby
4 35 guardianship or conservatorship.
5 1 c. A record that serves as a unique and transferable
5 2 physical expression of rights and obligations including,
5 3 without limitation, negotiable instruments and other
5 4 instruments of title wherein possession of the instrument is
5 5 deemed to confer title in a consumer transaction.
5 6 d. A record that grants a legal or equitable interest in
5 7 real property, including a deed, mortgage, deed of trust,
5 8 pledge, security interest, or other lien or encumbrance.
5 9 e. A disclosure required in a consumer transaction,
5 10 including but not limited to, disclosures required in chapter
5 11 13C, sections 321.69 and 321.71, chapters 516D, 523B, 523E,
5 12 523G, 533D, 537, 537B, 538A, 552, 552A, 555A, 557A, 557B,
5 13 558A, and 562A, section 714.16, and chapter 714B, or an
5 14 administrative rule adopted pursuant to such sections and
5 15 chapters.
5 16 Sec. 7. NEW SECTION. 554C.204 ELECTRONIC SIGNATURES.
5 17 1. Where a rule of law requires a signature, or provides
5 18 for certain consequences if a document is not signed, an
5 19 electronic signature satisfies that requirement.
5 20 2. An electronic signature may be proved in any manner,
5 21 including by showing that a procedure exists by which a person
5 22 must of necessity have executed a symbol or security procedure
5 23 for the purpose of verifying that an electronic record is the
5 24 record of that person in order to proceed further with a
5 25 transaction.
5 26 3. Absent an agreement to the contrary, the recipient of a
5 27 signed electronic record is entitled to establish reasonable
5 28 requirements to ensure that the symbol or security procedure
5 29 adopted as an electronic signature by the person signing is
5 30 authentic.
5 31 4. The provisions of this section shall not apply to any
5 32 of the following:
5 33 a. When its application would involve a construction of a
5 34 rule of law that is clearly inconsistent with the manifest
5 35 intent of the body imposing the requirement or repugnant to
6 1 the context of the same rule of law. However, the mere
6 2 requirement that information be in writing, written, or
6 3 printed shall not by itself be sufficient to establish an
6 4 intent which is inconsistent with the requirement of this
6 5 section.
6 6 b. To any rule of law governing the creation or execution
6 7 of a will or trust, living will, a general, durable, or
6 8 healthcare power of attorney, or a voluntary, involuntary, or
6 9 standby guardianship or conservatorship.
6 10 c. To any record that serves as a unique and transferable
6 11 physical expression of rights and obligations including, but
6 12 is not limited, to negotiable instruments and other
6 13 instruments of title wherein possession of the instrument is
6 14 deemed to confer title in a consumer transaction.
6 15 d. To any record that grants a legal or equitable interest
6 16 in real property, including a deed, mortgage, deed of trust,
6 17 pledge, security interest, or other lien or encumbrance.
6 18 Sec. 8. NEW SECTION. 554C.205 REQUIREMENT FOR ORIGINAL
6 19 INFORMATION.
6 20 1. Where a rule of law requires information to be
6 21 presented or retained in its original form, or provides
6 22 consequences for information not being presented or retained
6 23 in its original form, that rule of law is satisfied by an
6 24 electronic record if there exists reliable assurance as to the
6 25 integrity of the information from the time when it was first
6 26 generated in its final form, as an electronic record or
6 27 otherwise.
6 28 2. The criteria for assessing the integrity of information
6 29 shall be whether the information has remained complete and
6 30 unaltered, apart from the addition of any endorsement and any
6 31 change that arises in the normal course of communication,
6 32 storage, and display. The standard of reliability required
6 33 shall be assessed in the light of all relevant circumstances,
6 34 including but not limited to the purpose for which the
6 35 information was generated.
7 1 3. The provisions of this section do not apply to any
7 2 record that serves as a unique and transferable physical
7 3 expression of rights and obligations including, but not
7 4 limited to, negotiable instruments and other instruments of
7 5 title wherein possession of the instrument is deemed to confer
7 6 title.
7 7 Sec. 9. NEW SECTION. 554C.206 ADMISSIBILITY INTO
7 8 EVIDENCE.
7 9 1. In any legal proceeding, nothing in the application of
7 10 the rules of evidence shall apply so as to deny the
7 11 admissibility of an electronic record or electronic signature
7 12 into evidence based on any of the following:
7 13 a. On the sole ground that it is an electronic record or
7 14 electronic signature.
7 15 b. On the grounds that it is not in its original form or
7 16 is not an original.
7 17 2. Information in the form of an electronic record shall
7 18 be given due evidential weight by the trier of fact. In
7 19 assessing the evidential weight of an electronic record or
7 20 electronic signature where its authenticity is in issue, the
7 21 trier of fact may consider all relevant information or
7 22 circumstances, including but not limited to the manner in
7 23 which it was generated, stored, or communicated, the
7 24 reliability of the manner in which its integrity was
7 25 maintained, the manner in which its originator was identified,
7 26 and the manner in which the electronic record was signed.
7 27 Sec. 10. NEW SECTION. 554C.207 RETENTION OF ELECTRONIC
7 28 RECORDS.
7 29 1. a. Where a rule of law requires that certain
7 30 documents, records, or information be retained, that
7 31 requirement is met by retaining electronic records of the
7 32 information, provided that all of the following conditions are
7 33 satisfied:
7 34 (1) The electronic record and the information contained in
7 35 the electronic record must be accessible so as to be usable
8 1 for subsequent reference at all times when such information
8 2 must be retained.
8 3 (2) The information must be retained in the format in
8 4 which it was originally generated, sent, or received; or in a
8 5 format that can be demonstrated to represent accurately the
8 6 information originally generated, sent, or received.
8 7 (3) Data is retained which enables the identification of
8 8 the origin and destination of the information, the
8 9 authenticity and integrity of the information, and the date
8 10 and time when it was generated, sent, or received.
8 11 b. An obligation to retain documents, records, or
8 12 information in accordance with this subsection does not extend
8 13 to any data the sole purpose of which is to enable the record
8 14 to be sent or received.
8 15 2. Nothing in this section shall preclude any federal or
8 16 government agency from specifying additional requirements for
8 17 the retention of records that are subject to the jurisdiction
8 18 of such agency.
8 19 SUBCHAPTER III
8 20 SECURE ELECTRONIC RECORDS AND SIGNATURES
8 21 Sec. 11. NEW SECTION. 554C.301 SECURE ELECTRONIC RECORD.
8 22 1. Subject to the provisions of section 554C.303, if, by
8 23 the application of a qualified security procedure, it can be
8 24 verified that an electronic record has not been altered since
8 25 a specified point in time, such electronic record shall be
8 26 considered to be a secure electronic record from such
8 27 specified point in time to the time of verification.
8 28 2. For purposes of this subchapter, a qualified security
8 29 procedure is a security procedure to detect changes in content
8 30 that is any of the following:
8 31 a. Authorized by, and implemented in accordance with the
8 32 requirements of, this chapter.
8 33 b. Previously agreed to by the parties, and implemented in
8 34 accordance with the terms of such agreement.
8 35 c. Certified by the commissioner as providing reliable
9 1 evidence that an electronic record has not been altered, and
9 2 implemented in a manner specified by the certification.
9 3 Sec. 12. NEW SECTION. 554C.302 SECURE ELECTRONIC
9 4 SIGNATURE.
9 5 1. Subject to the provisions of section 554C.303, if, by
9 6 the application of a qualified security procedure, it can be
9 7 authenticated that an electronic signature is the signature of
9 8 a specific person, the electronic signature shall be
9 9 considered to be a secure electronic signature at the time of
9 10 verification.
9 11 2. A qualified security procedure for purposes of this
9 12 section is a security procedure for identifying a party that
9 13 is any of the following:
9 14 a. Authorized by, and implemented in accordance with the
9 15 requirements of, this chapter.
9 16 b. Previously agreed to by the parties to an agreement,
9 17 and implemented in accordance with the terms of the agreement.
9 18 c. Certified by the commissioner as being capable of
9 19 creating an electronic signature that meets all of the
9 20 following conditions:
9 21 (1) Is unique to the signer within the context in which it
9 22 is used.
9 23 (2) Can be used to promptly, objectively, and
9 24 automatically identify the person signing the electronic
9 25 record.
9 26 (3) Was reliably created by such identified person.
9 27 (4) Is linked to the electronic record to which it relates
9 28 in a manner which ensures that if the record or signature is
9 29 changed the electronic signature is invalidated, provided that
9 30 the security procedure is implemented in a manner required by
9 31 the certification.
9 32 Sec. 13. NEW SECTION. 554C.303 COMMERCIALLY REASONABLE
9 33 – RELIANCE.
9 34 1. An electronic record or electronic signature that
9 35 qualifies for secure status pursuant to section 554C.301,
10 1 554C.302, 554C.411, or 554C.412 shall not be considered secure
10 2 unless the proponent establishes all of the following:
10 3 a. Use of the applicable security procedure was
10 4 commercially reasonable.
10 5 b. The security procedure was implemented in a trustworthy
10 6 manner or, where applicable, in a manner specified by this
10 7 chapter or the commissioner, to the extent such information is
10 8 within the knowledge of the proponent.
10 9 c. Reliance on the security procedure was reasonable and
10 10 in good faith in light of all the circumstances known to the
10 11 proponent at the time of the reliance, having due regard for
10 12 all of the following:
10 13 (1) Information that the proponent knew or had notice of
10 14 at the time of reliance, including all facts, statements, and
10 15 limitations contained in any statement by any third party
10 16 involved in the authentication process.
10 17 (2) The value or importance of the electronic record
10 18 signed with the secure electronic signature, if known.
10 19 (3) Any course of dealing between the proponent and the
10 20 purported sender and the available indicia of reliability or
10 21 unreliability apart from the secure electronic signature.
10 22 (4) Any usage of trade, particularly trade conducted by
10 23 trustworthy systems or other computer-based means.
10 24 (5) Whether the authentication was performed with the
10 25 assistance of an independent third party.
10 26 (6) Any other evidence relating to facts of which the
10 27 proponent was aware that would suggest that reliance was or
10 28 was not reasonable.
10 29 2. The commercial reasonableness of a security procedure
10 30 is to be determined by the trier of fact in light of the
10 31 purposes of the procedure and the commercial circumstances at
10 32 the time the procedure was used, including but not limited to
10 33 the nature of the transaction, sophistication of the parties,
10 34 volume of similar transactions engaged in by either or both of
10 35 the parties, availability of alternatives offered to but
11 1 rejected by either of the parties, cost of alternative
11 2 procedures, and procedures in general use for similar types of
11 3 transactions.
11 4 Sec. 14. NEW SECTION. 554C.304 PRESUMPTIONS.
11 5 1. In resolving a civil dispute involving a secure
11 6 electronic record, it shall be rebuttably presumed that the
11 7 electronic record has not been altered since the specific
11 8 point in time to which the secure status relates.
11 9 2. In resolving a civil dispute involving a secure
11 10 electronic signature, all of the following shall be rebuttably
11 11 presumed:
11 12 a. The secure electronic signature is the signature of the
11 13 person to whom it correlates.
11 14 b. The secure electronic signature was affixed by that
11 15 person with the intention of signing the electronic record.
11 16 3. The effect of the presumptions provided in this section
11 17 is to place on the party challenging the integrity of a secure
11 18 electronic record or challenging the genuineness of a secure
11 19 electronic signature both the burden of going forward with
11 20 evidence to rebut the presumption and the burden of persuading
11 21 the trier of fact that the falsity of the presumed fact is
11 22 more probable than the truth of its existence.
11 23 4. In the absence of a secure electronic record or a
11 24 secure electronic signature, nothing in this chapter shall
11 25 change existing rules regarding legal or evidentiary rules
11 26 regarding the burden of proving the authenticity and integrity
11 27 of an electronic record or an electronic signature.
11 28 Sec. 15. NEW SECTION. 554C.305 ATTRIBUTION OF SIGNATURE
11 29 TO A PARTY.
11 30 1. Except as provided by another applicable rule of law,
11 31 and subject to the provisions of section 554C.304, a secure
11 32 electronic signature is attributable to the person to whom it
11 33 correlates, whether or not authorized, if all of the following
11 34 apply to the electronic signature:
11 35 a. The signature resulted from acts of a person who
12 1 obtained the access numbers, codes, computer programs, or
12 2 other information necessary to create the signature from a
12 3 source under the control of the alleged signer, creating the
12 4 appearance that it came from the person to whom it correlates.
12 5 b. The access occurred under circumstances constituting a
12 6 failure to exercise reasonable care by the person to whom it
12 7 correlates.
12 8 c. The recipient reasonably relied to the recipient's
12 9 detriment on the apparent source of the electronic record,
12 10 taking into account the factors provided in section 554C.303.
12 11 2. The provisions of this section shall not apply to
12 12 consumer transactions, including but not limited to credit
12 13 card and automatic teller machines, except to the extent
12 14 allowed by applicable consumer law.
12 15 Sec. 16. NEW SECTION. 554C.306 CERTIFICATION BY THE
12 16 COMMISSIONER.
12 17 1. This chapter shall not limit the technology which may
12 18 qualify as a security procedure under section 554C.301 or
12 19 554C.302 if the technology meets all of the criteria in
12 20 subsections 2 and 3.
12 21 2. A security procedure may be certified by the
12 22 commissioner as meeting the requirements of section 554C.301
12 23 or 554C.302, following an appropriate investigation or review,
12 24 if all of the following apply:
12 25 a. The technology utilized by the security procedure is
12 26 completely open and fully disclosed to the public in order to
12 27 facilitate a comprehensive evaluation of its suitability for
12 28 its intended purpose.
12 29 b. The certification is in accordance with the rules
12 30 adopted by the commissioner pursuant to chapter 17A.
12 31 c. The certification specifies at least all of the
12 32 following:
12 33 (1) A full and complete identification of the security
12 34 procedure.
12 35 (2) A specification of one or more acceptable trustworthy
13 1 methods by which the security procedure may be implemented
13 2 consistent with the certification.
13 3 (3) A term for the certification which shall not exceed
13 4 five years.
13 5 3. At the end of the term for each certified security
13 6 procedure, or earlier as determined by the commissioner, the
13 7 security procedure may be reevaluated in light of then-current
13 8 technology and recertified or decertified as appropriate.
13 9 4. A person, upon submitting a written request that
13 10 includes a complete explanation of a proposed technology which
13 11 meets the requirements of this section together with a
13 12 proposed draft of administrative rules applicable to such
13 13 technology, may request the commissioner to review the
13 14 proposed technology and practices. The commissioner shall
13 15 review the proposal and may adopt rules in accordance with
13 16 section 554C.413 with respect to the proposed technology and
13 17 practices. The commissioner may adopt rules establishing
13 18 procedures and requirements for the filing of proposals to
13 19 review proposed technology and practices.
13 20 SUBCHAPTER IV
13 21 DIGITAL SIGNATURES
13 22 PART 1
13 23 DEFINITIONS
13 24 Sec. 17. NEW SECTION. 554C.401 DEFINITIONS.
13 25 As used in this subchapter, unless the context otherwise
13 26 requires:
13 27 1. "Asymmetric cryptosystem" means a computer-based system
13 28 capable of generating and using a key pair, consisting of a
13 29 private key for creating a digital signature, and a public key
13 30 to verify the digital signature.
13 31 2. "Certificate" means a record that at a minimum provides
13 32 all of the following:
13 33 a. Identifies the certification authority issuing the
13 34 certificate.
13 35 b. Names or otherwise identifies its subscriber.
14 1 c. Contains a public key that corresponds to a private key
14 2 under the control of the subscriber.
14 3 d. Identifies its operational period.
14 4 e. Is digitally signed by the certification authority
14 5 issuing the certification.
14 6 3. "Certification authority" means a person who authorizes
14 7 and causes the issuance of a certificate.
14 8 4. "Certification practice statement" means a statement
14 9 published by a certification authority or person operating a
14 10 repository that specifies the policies or practices that the
14 11 certification authority employs in issuing, suspending, and
14 12 revoking certificates, and providing access to a certificate.
14 13 5. "Correspond" means to belong to the same key pair.
14 14 6. "Digital signature" means a type of an electronic
14 15 signature consisting of a transformation of an electronic
14 16 record using a message digest function that is encrypted with
14 17 an asymmetric cryptosystem using the signer's private key in a
14 18 manner providing that any person having the initial
14 19 untransformed electronic record, the encrypted transformation,
14 20 and the signer's public key may accurately determine all of
14 21 the following:
14 22 a. Whether the transformation was created using the
14 23 private key that corresponds to the signer's public key.
14 24 b. Whether the initial electronic record has been altered
14 25 since the transformation was made. A digital signature is a
14 26 security procedure.
14 27 7. "Key pair" means, in an asymmetric cryptosystem, two
14 28 mathematically related keys, having the properties that
14 29 provide all of the following:
14 30 a. One key can encrypt a message which only the other key
14 31 can decrypt.
14 32 b. Even knowing one key, it is computationally infeasible
14 33 to discover the other key.
14 34 8. "Message digest function" means an algorithm that maps
14 35 or translates the sequence of bits comprising an electronic
15 1 record into another, generally smaller, set of bits, referred
15 2 to as the message digest, without requiring the use of any
15 3 secret information such as a key, in a manner which provides
15 4 all of the following:
15 5 a. A record yields the same message digest every time the
15 6 algorithm is executed using such record as input.
15 7 b. It is computationally infeasible that any two
15 8 electronic records can be found or deliberately generated that
15 9 would produce the same message digest using the algorithm
15 10 unless the two records are identical.
15 11 9. "Operational period of a certificate" means a period
15 12 beginning and ending as follows:
15 13 a. The period begins on the date and at the time the
15 14 certificate is issued by a certification authority or on a
15 15 later date and at a time certain if stated in the certificate.
15 16 b. The period ends on the date and at the time the
15 17 certificate expires as noted in the certificate or on an
15 18 earlier date if the certificate is revoked or suspended in
15 19 accordance with this chapter.
15 20 10. "Private key" means the key of a key pair used to
15 21 create a digital signature.
15 22 11. "Public key" means the key of a key pair used to
15 23 verify a digital signature.
15 24 12. "Repository" means a system for storing and retrieving
15 25 certificates or other information relevant to certificates.
15 26 13. "Revoke a certificate" means to permanently end the
15 27 operational period of a certificate from a specified time
15 28 forward.
15 29 14. "Subscriber" means a person to whom all of the
15 30 following applies:
15 31 a. The person is the subject named or otherwise identified
15 32 in a certificate issued to the person.
15 33 b. The person controls a private key that corresponds to
15 34 the public key listed in that certificate.
15 35 c. The digitally signed messages verified by reference to
16 1 the certificate are to be attributed to the person.
16 2 15. "Suspend a certificate" means to temporarily suspend
16 3 the operational period of a certificate for a specified time
16 4 period or from a specified time forward.
16 5 16. "Trustworthy system" means a system of computer
16 6 hardware, software, and procedures that satisfies all of the
16 7 following:
16 8 a. Is reasonably secure from intrusion and misuse.
16 9 b. Provides a reasonable level of availability,
16 10 reliability, and correct operation.
16 11 c. Is reasonably suited to performing the system's
16 12 intended functions.
16 13 d. Adheres to generally accepted security procedures.
16 14 e. Meets or exceeds the requirements of rules adopted by
16 15 the commissioner.
16 16 17. "Valid certificate" means a certificate that meets the
16 17 following conditions:
16 18 a. The certificate has been issued by a certification
16 19 authority.
16 20 b. The subscriber listed in the certificate has accepted
16 21 the certificate in accordance with this chapter.
16 22 18. "Verify a digital signature" means to use the public
16 23 key listed in a certificate, together with an appropriate
16 24 message digest function and public key algorithm, to evaluate
16 25 a digitally signed electronic record in order to determine all
16 26 of the following:
16 27 a. That the digital signature was created using the
16 28 private key corresponding to the public key listed in the
16 29 certificate.
16 30 b. The electronic record has not been altered since its
16 31 digital signature was created.
16 32 PART 2
16 33 EFFECT OF A DIGITAL SIGNATURE
16 34 Sec. 18. NEW SECTION. 554C.411 SECURE ELECTRONIC RECORD.
16 35 Subject to the provisions of section 554C.303, an
17 1 electronic record or any portion thereof that is signed with a
17 2 digital signature shall be considered to be a secure
17 3 electronic record if the digital signature was created during
17 4 the operational period of a valid certificate and is verified
17 5 by reference to the public key listed in such certificate.
17 6 Sec. 19. NEW SECTION. 554C.412 SECURE ELECTRONIC
17 7 SIGNATURE.
17 8 Subject to the provisions of section 554C.303, when all or
17 9 any portion of an electronic record is signed with a digital
17 10 signature, the digital signature shall be considered a secure
17 11 electronic signature with respect to all or that portion of
17 12 the record, if all of the following apply:
17 13 1. The digital signature was created during the
17 14 operational period of a valid certificate, was used within any
17 15 limits specified or incorporated by reference in the
17 16 certificate, and can be verified by reference to the public
17 17 key listed in the certificate.
17 18 2. The certificate shall be considered trustworthy, if one
17 19 of the following is determined by the trier of fact:
17 20 a. The certificate was issued by a certification authority
17 21 in accordance with standards, procedures, and other
17 22 requirements specified by rule of the commissioner.
17 23 b. A trier of fact independently finds one of the
17 24 following:
17 25 (1) That the certificate was issued in a trustworthy
17 26 manner by a certification authority that properly
17 27 authenticated the subscriber and the subscriber's public key.
17 28 (2) The material information set forth in the certificate
17 29 is true.
17 30 3. The process and systems utilized to create and verify a
17 31 digital signature are considered trustworthy because one of
17 32 the following applies:
17 33 a. They comply with standards, procedures, and other
17 34 requirements specified by the commissioner.
17 35 b. A trier of fact independently finds that they are
18 1 trustworthy.
18 2 Sec. 20. NEW SECTION. 554C.413 COMMISSIONER AUTHORITY TO
18 3 ADOPT RULES.
18 4 1. The commissioner may adopt rules applicable to the
18 5 public or private sector which define when a certificate and a
18 6 digital signature is considered sufficiently trustworthy in
18 7 order to ensure that a digital signature verified by reference
18 8 to the certificate will qualify as a secure electronic
18 9 signature. The rules may include but are not limited to any
18 10 of the following:
18 11 a. Establishing or adopting standards applicable to
18 12 certification authorities or certificates. Compliance with
18 13 the standards may be measured by obtaining a voluntary
18 14 certification from the commissioner or becoming accredited by
18 15 one or more independent accrediting entities recognized by the
18 16 commissioner.
18 17 b. Establishing or adopting standards applicable to the
18 18 digital signature creation or verification process.
18 19 2. In adopting rules as provided in this section, the
18 20 commissioner shall consult with the office of the attorney
18 21 general and representatives of the division of information
18 22 technology services of the department of general services.
18 23 The commissioner shall adopt rules that will provide maximum
18 24 flexibility in the implementation of digital signature
18 25 technology and the business models necessary to support it,
18 26 establish a clear basis for the recognition of certificates
18 27 issued by foreign certification authorities, and, to the
18 28 extent reasonably possible, maximize the opportunities for
18 29 uniformity with the laws of other jurisdictions, both within
18 30 the United States and internationally.
18 31 PART 3
18 32 DUTIES GENERALLY
18 33 Sec. 21. NEW SECTION. 554C.421 RELIANCE ON CERTIFICATES.
18 34 A person relying on a digital signature may also rely on a
18 35 valid certificate containing the public key by which the
19 1 digital signature can be verified.
19 2 Sec. 22. NEW SECTION. 554C.422 RESTRICTIONS ON
19 3 PUBLICATION OF CERTIFICATE.
19 4 A person shall not publish a certificate, or otherwise make
19 5 it available to anyone known by that person to be in a
19 6 position to rely on the certificate or on a digital signature
19 7 that is verifiable with reference to the public key listed in
19 8 the certificate, if that person knows that any of the
19 9 following apply:
19 10 1. The certification authority listed in the certificate
19 11 has not issued the certificate.
19 12 2. The subscriber listed in the certificate has not
19 13 accepted the certificate.
19 14 3. The certificate has been revoked or suspended, unless
19 15 the publication is for the purpose of verifying a digital
19 16 signature created prior to such suspension or revocation.
19 17 Sec. 23. NEW SECTION. 554C.423 FRAUDULENT PURPOSE.
19 18 A person shall not knowingly create, publish, alter, or
19 19 otherwise use a certificate for a fraudulent or other unlawful
19 20 purpose. A person convicted of violating this section is
19 21 guilty of a serious misdemeanor. A person convicted of a
19 22 second or subsequent violation is guilty of a class "D"
19 23 felony.
19 24 Sec. 24. NEW SECTION. 554C.424 FALSE OR UNAUTHORIZED
19 25 REQUEST.
19 26 A person shall not knowingly misrepresent the person's
19 27 identity or authorization in requesting or accepting a
19 28 certificate or in requesting suspension or revocation of a
19 29 certificate. A person convicted of violating this section is
19 30 guilty of a serious misdemeanor. A person convicted of a
19 31 second or subsequent violation is guilty of a class "D"
19 32 felony.
19 33 Sec. 25. NEW SECTION. 554C.425 CIVIL REMEDY.
19 34 A person who suffers a loss by reason of a violation of
19 35 section 554C.423 or 554C.424, in a civil action against the
20 1 violator, may obtain appropriate legal and equitable relief.
20 2 In a civil action under this section, the court may award the
20 3 prevailing party its reasonable attorney fees and other
20 4 litigation expenses. However, if the plaintiff is a consumer,
20 5 the court may award reasonable attorney fees and other
20 6 litigation expenses only to a prevailing plaintiff.
20 7 PART 4
20 8 DUTIES OF CERTIFICATION AUTHORITIES AND REPOSITORIES
20 9 Sec. 26. NEW SECTION. 554C.431 TRUSTWORTHY SYSTEM.
20 10 A certification authority and a person maintaining a
20 11 repository shall utilize a trustworthy system in performing
20 12 their services.
20 13 Sec. 27. NEW SECTION. 554C.432 DISCLOSURE.
20 14 1. For each certificate it issues, a certification
20 15 authority must publish to relying parties all of the
20 16 following:
20 17 a. Its certification practice statement, if the authority
20 18 has one.
20 19 b. Its certification authority certificate that identifies
20 20 the certification authority as a self-certifying subscriber
20 21 and that contains the public key corresponding to the private
20 22 key used by that certification authority to digitally sign the
20 23 certificate.
20 24 c. Notice of a revocation or suspension of its
20 25 certification authority certificate, and any other fact
20 26 material relating to either the reliability of a certificate
20 27 that it has issued or its ability to perform its services.
20 28 2. In the event of an occurrence that materially and
20 29 adversely affects a certification authority's trustworthy
20 30 system or its certification authority certificate, the
20 31 certification authority must do all of the following:
20 32 a. Use reasonable efforts to notify persons who are known
20 33 to be or foreseeably will be affected by that occurrence.
20 34 b. Act in accordance with procedures governing this type
20 35 of occurrence specified in its certification practice
21 1 statement.
21 2 3. If a certification authority certifies itself as a
21 3 certification authority, it shall disclose to all relying
21 4 parties that it is self-certified. The certification
21 5 authority shall publish a copy of its own certification
21 6 authority certificate that is verifiable by reference to a
21 7 public key listed in a certificate issued by the certification
21 8 authority.
21 9 Sec. 28. NEW SECTION. 554C.433 ISSUANCE OF A
21 10 CERTIFICATE.
21 11 A certification authority may issue a certificate to a
21 12 prospective subscriber for the purpose of verifying digital
21 13 signatures only after the certification authority does all of
21 14 the following:
21 15 1. Receives a request for the issuance from the
21 16 prospective subscriber.
21 17 2. Does either of the following:
21 18 a. Complies with all of the practices and procedures set
21 19 forth in its applicable certification practice statement,
21 20 including procedures regarding identification of the
21 21 perspective subscriber.
21 22 b. In the absence of a certification practice statement,
21 23 confirms one of the following:
21 24 (1) The prospective subscriber is the person to be listed
21 25 in the certificate to be issued.
21 26 (2) The information in the certificate to be issued is
21 27 accurate.
21 28 (3) The prospective subscriber rightfully holds a private
21 29 key capable of creating a digital signature, and the public
21 30 key to be listed in the certificate can be used to verify a
21 31 digital signature affixed by such private key.
21 32 Sec. 29. NEW SECTION. 554C.434 REPRESENTATIONS UPON
21 33 ISSUANCE OF CERTIFICATE.
21 34 By issuing a certificate, a certification authority
21 35 represents to any person who reasonably relies on the
22 1 certificate or a digital signature verifiable by the public
22 2 key listed in the certificate, that the certification
22 3 authority has issued the certificate in accordance with any
22 4 applicable certification practice statement stated or
22 5 incorporated by reference in the certificate, or of which the
22 6 relying person has notice, and the requirements and
22 7 representations imposed by the law under which it was issued.
22 8 In the absence of a certification practice statement or law,
22 9 the certification authority represents that as of the time the
22 10 certificate is issued it has confirmed all of the following:
22 11 1. The certification authority has complied with all
22 12 applicable requirements of this chapter in issuing the
22 13 certificate, and if the certification authority has published
22 14 the certificate or otherwise made it available to a relying
22 15 person, that the subscriber identified in the certificate has
22 16 accepted it.
22 17 2. The subscriber identified in the certificate,
22 18 rightfully holds the private key corresponding to the public
22 19 key listed in the certificate.
22 20 3. The subscriber's public key and private key constitute
22 21 a functioning key pair.
22 22 4. All information in the certificate is accurate as of
22 23 the date it was issued, unless the certification authority has
22 24 stated in the certificate or incorporated by reference in the
22 25 certificate a statement that the accuracy of specified
22 26 information is not confirmed.
22 27 5. To the knowledge of the certification authority, there
22 28 are no known material facts omitted from the certificate which
22 29 would, if known, adversely affect the reliability of the
22 30 representations required to be provided by the certification
22 31 authority under this section.
22 32 Sec. 30. NEW SECTION. 554C.435 SUSPENSION OF A
22 33 CERTIFICATE.
22 34 The certification authority that issues a certificate, and
22 35 any person maintaining a repository where the certificate is
23 1 published, shall suspend the certificate pursuant to any of
23 2 the following:
23 3 1. The receipt of an order issued by a court of competent
23 4 jurisdiction.
23 5 2. In accordance with the policies and procedures
23 6 governing suspension specified in its certification practice
23 7 statement. In the absence of policies and procedures
23 8 governing suspension, the certificate shall be suspended as
23 9 soon as possible after receiving a request by a person whom
23 10 the certification authority or person maintaining a repository
23 11 reasonably believes to be any of the following:
23 12 a. The subscriber listed in the certificate.
23 13 b. A person duly authorized to act for that subscriber.
23 14 c. A person acting on behalf of that subscriber, who is
23 15 unavailable.
23 16 Sec. 31. NEW SECTION. 554C.436 REVOCATION OF A
23 17 CERTIFICATE.
23 18 The certification authority that issues a certificate, and
23 19 any person maintaining a repository where the certificate is
23 20 published, shall revoke the certificate pursuant to any of the
23 21 following:
23 22 1. Upon receipt of an order issued by a court of competent
23 23 jurisdiction.
23 24 2. In accordance with the policies and procedures
23 25 governing revocation specified in its certification practice
23 26 statement. In the absence of policies and procedures
23 27 governing revocation, the certificate shall be revoked as soon
23 28 as possible after one of the following occurs:
23 29 a. Receipt of a request for revocation by the subscriber
23 30 named in the certificate, if the certification authority or
23 31 repository confirms that the person requesting the revocation
23 32 is the subscriber or is an agent of the subscriber with
23 33 authority to request the revocation.
23 34 b. Receipt of a certified copy of an individual
23 35 subscriber's death certificate, or upon confirmation by other
24 1 reliable evidence that the subscriber is dead.
24 2 c. Presentation of documents effecting a dissolution of a
24 3 corporate subscriber or other legal entity, or upon
24 4 confirmation by other evidence that the subscriber or other
24 5 legal entity has been dissolved or has ceased to exist.
24 6 d. Confirmation by the certification authority that one of
24 7 the following applies:
24 8 (1) A material fact represented in the certificate is
24 9 false.
24 10 (2) A material prerequisite to issuance of the certificate
24 11 was not satisfied.
24 12 (3) The certification authority's private key or
24 13 trustworthy system was compromised in a manner materially
24 14 affecting the certificate's reliability.
24 15 (4) The subscriber's private key or trustworthy system was
24 16 compromised.
24 17 Upon effecting a revocation, the certification authority
24 18 shall promptly notify the subscriber listed in the revoked
24 19 certificate of the revocation.
24 20 Sec. 32. NEW SECTION. 554C.437 NOTICE OF SUSPENSION OR
24 21 REVOCATION.
24 22 Upon suspending or revoking a certificate, a person
24 23 maintaining a repository where the certificate is published
24 24 shall do all of the following:
24 25 1. Promptly publish notice of the suspension or revocation
24 26 if the certificate was published.
24 27 2. Disclose the fact of suspension or revocation on
24 28 inquiry by a relying party.
24 29 PART 5
24 30 DUTIES OF SUBSCRIBERS
24 31 Sec. 33. NEW SECTION. 554C.441 GENERATING THE KEY PAIR.
24 32 If the subscriber generates the key pair whose public key
24 33 is to be listed in a certificate issued by a certification
24 34 authority and accepted by the subscriber, the subscriber must
24 35 generate that key pair and maintain and store the private key
25 1 using a trustworthy system.
25 2 Sec. 34. NEW SECTION. 554C.442 OBTAINING A CERTIFICATE.
25 3 All material representations made by the subscriber to a
25 4 certification authority for purposes of obtaining a
25 5 certificate must be accurate and complete.
25 6 Sec. 35. NEW SECTION. 554C.443 ACCEPTANCE OF A
25 7 CERTIFICATE.
25 8 1. A person accepts a certificate that names a person as a
25 9 subscriber by publishing it to one or more persons, depositing
25 10 the certificate in a repository, or demonstrating approval of
25 11 the certificate, while knowing or having notice of its
25 12 contents.
25 13 2. By accepting a certificate, the subscriber listed in
25 14 the certificate represents to all who reasonably rely on the
25 15 information contained in the certificate that all of the
25 16 following apply:
25 17 a. The subscriber rightfully holds the private key
25 18 corresponding to the public key listed in the certificate.
25 19 b. All representations made by the subscriber to the
25 20 certification authority and material to the information listed
25 21 in the certificate are true.
25 22 c. All information in the certificate that is within the
25 23 knowledge of the subscriber is true.
25 24 Sec. 36. NEW SECTION. 554C.444 CONTROL OF THE PRIVATE
25 25 KEY.
25 26 1. Except as otherwise provided by another applicable rule
25 27 of law, by accepting a certificate issued by a certification
25 28 authority the subscriber identified in the certificate assumes
25 29 a duty to persons who reasonably rely on the certificate to
25 30 exercise reasonable care to retain control of the private key
25 31 corresponding to the public key listed in the certificate and
25 32 to prevent its disclosure to a person not authorized to create
25 33 the subscriber's digital signature. The requirements of this
25 34 subsection shall continue during the operational period of the
25 35 certificate.
26 1 2. The provisions of this section do not apply to consumer
26 2 transactions.
26 3 Sec. 37. NEW SECTION. 554C.445 INITIATING SUSPENSION OR
26 4 REVOCATION.
26 5 Except as otherwise provided by another applicable rule of
26 6 law, if the private key corresponding to the public key listed
26 7 in a certificate is compromised during the operational period
26 8 of the certificate, a subscriber who has accepted the
26 9 certificate shall do one of the following:
26 10 1. Request the issuing certification authority, and all
26 11 independent repositories in which the subscriber has
26 12 authorized the certificate to be published, to suspend or
26 13 revoke the certificate.
26 14 2. Provide reasonable notice to all relying parties that
26 15 the public key listed in the certificate was compromised
26 16 during the operational period of the certificate.
26 17 PART 6
26 18 GOVERNMENT AGENCY USE OF ELECTRONIC RECORDS AND SIGNATURES
26 19 Sec. 38. NEW SECTION. 554C.451 GOVERNMENT AGENCY USE OF
26 20 ELECTRONIC RECORDS.
26 21 1. Each government agency shall determine if, and the
26 22 extent to which, it will send and receive electronic records
26 23 and electronic signatures to and from other persons. This
26 24 section shall not be interpreted as varying the requirements
26 25 of chapter 22.
26 26 2. In any case where a government agency decides to send
26 27 or receive electronic records, or to accept document filings
26 28 by electronic records, the government agency may, by rule,
26 29 giving due consideration to security, specify any of the
26 30 following:
26 31 a. The manner and format in which electronic records must
26 32 be sent, received, and stored, including interoperability
26 33 requirements.
26 34 b. If electronic records must be signed, the type of
26 35 electronic signature required including, if applicable, a
27 1 requirement that the sender use a digital signature or other
27 2 secure electronic signature, the manner and format in which
27 3 the electronic signature must be affixed to the electronic
27 4 record, and the identity of or criteria that must be met by a
27 5 certification authority used by the person filing the
27 6 document.
27 7 c. Control processes and procedures which are appropriate
27 8 to ensure adequate integrity, security, confidentiality, and
27 9 auditability of electronic records.
27 10 d. Any other required attributes for electronic records
27 11 that are currently specified for corresponding paper
27 12 documents, or reasonably necessary under the circumstances.
27 13 3. All rules adopted by a government agency shall be
27 14 consistent with the rules adopted by the commissioner.
27 15 Sec. 39. NEW SECTION. 554C.452 COMMISSIONER TO ADOPT
27 16 STATE STANDARDS.
27 17 1. The commissioner, in consultation with the office of
27 18 the attorney general and the division of information
27 19 technology services of the department of general services,
27 20 shall adopt rules setting forth standards, procedures, and
27 21 policies for the use of electronic records and electronic
27 22 signatures by government agencies. Where appropriate, the
27 23 rules shall specify different levels of standards from which
27 24 implementing government agencies can select the standard most
27 25 appropriate for a particular application.
27 26 2. The commissioner shall specify appropriate procedural
27 27 and technical security requirements to be implemented and
27 28 followed by government agencies for all of the following:
27 29 a. The generation, use, and storage of key pairs.
27 30 b. The issuance, acceptance, use, suspension, and
27 31 revocation of certificates.
27 32 c. The use of digital signatures.
27 33 3. Each government agency shall have the authority to
27 34 issue, or contract for the issuance of, certificates to all of
27 35 the following:
28 1 a. Its employees and agents.
28 2 b. Persons conducting business or other transactions with
28 3 the government agency. The government agency may take other
28 4 actions consistent with this authority, including the
28 5 establishment of repositories and the suspension or revocation
28 6 of issued certificates, provided that actions by the
28 7 government agency are conducted in accordance with all rules,
28 8 procedures, and policies specified by the commissioner. The
28 9 commissioner may adopt rules, procedures, and policies under
28 10 which government agencies may issue or contract for the
28 11 issuance of certificates, or restrict or prohibit their
28 12 issuance.
28 13 4. The commissioner may specify appropriate standards and
28 14 requirements that must be satisfied by a certification
28 15 authority before any of the following occur:
28 16 a. The services of a certification authority are used by a
28 17 government agency for the issuance, publication, suspension,
28 18 or revocation of certificates to the government agency,
28 19 including its employees or agents, for official use only.
28 20 b. The certificates that the certification authority
28 21 issues are accepted for purposes of verifying digitally signed
28 22 electronic records sent to any government agency by any
28 23 person.
28 24 Sec. 40. NEW SECTION. 554C.453 INTEROPERABILITY.
28 25 To the extent reasonable under the circumstances, rules
28 26 adopted by the commissioner or a government agency relating to
28 27 the use of electronic records or electronic signatures shall
28 28 be drafted in a manner designed to encourage and promote
28 29 consistency and interoperability with similar requirements
28 30 adopted by government agencies of other states and the federal
28 31 government.
28 31 MARGINS C
28 31 SUBCHAPTER V
28 31 REPEAL
28 32 MARGINS L
28 32 Sec. 41. NEW SECTION. 554C.501 REPEAL.
28 33 This chapter is repealed effective July 1, 2004.
29 1 MARGINS C
29 1 DIVISION II
29 2 MISCELLANEOUS PROVISIONS
29 3 Sec. 42. Section 4.1, subsection 39, unnumbered paragraph
29 4 1, Code 1999, is amended to read as follows:
29 5 The words "written" and "in writing" may include any mode
29 6 of representing words or letters in general use, and includes
29 7 an electronic record as defined in section 554C.201. A
29 8 signature, when required by law, must be made by the writing
29 9 or markings of the person whose signature is required.
29 10 "Signature" includes an electronic or digital signature as
29 11 defined in section 554C.201. If a person is unable due to a
29 12 physical disability to make a written signature or mark, that
29 13 person may substitute either of the following in lieu of a
29 14 signature required by law:
29 15 Sec. 43. Section 22.7, Code 1999, is amended by adding the
29 16 following new subsection:
29 17 NEW SUBSECTION. 38. a. Records containing information
29 18 that would disclose, or might lead to the disclosure of,
29 19 private keys as provided in section 554C.
29 20 b. Records which if disclosed might jeopardize the
29 21 security of an issued certificate or a certificate to be
29 22 issued pursuant to chapter 554C.
29 23 Sec. 44. COMMISSIONER REQUIRED TO ADOPT RULES. The
29 24 commissioner of insurance shall adopt rules as required by
29 25 this Act not later than July 1, 2000.
29 26 Sec. 45. CONSIDERATION OF MODEL LEGISLATION. It is the
29 27 intent of the general assembly that if the national conference
29 28 of commissioners on uniform state laws proposes a uniform
29 29 electronic commerce act, the general assembly shall consider
29 30 the proposed uniform act during the session in which the
29 31 proposed uniform law is submitted to the states for
29 32 consideration or during its next regular session if the
29 33 proposed uniform act is submitted to the states during a
29 34 period in which the general assembly is not in session.
29 35
30 1
30 2
30 3 RON J. CORBETT
30 4 Speaker of the House
30 5
30 6
30 7
30 8 MARY E. KRAMER
30 9 President of the Senate
30 10
30 11 I hereby certify that this bill originated in the House and
30 12 is known as House File 624, Seventy-eighth General Assembly.
30 13
30 14
30 15
30 16 ELIZABETH ISAACSON
30 17 Chief Clerk of the House
30 18 Approved , 1999
30 19
30 20
30 21
30 22 THOMAS J. VILSACK
30 23 Governor
Text: HF00623 Text: HF00625 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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