1997 Minnesota Statutes

     325K.05 Licensure and qualifications of certification 
  authorities. 

    Subdivision 1.    License conditions.  To obtain or 
 retain a license, a certification authority must: 

    (1) be the subscriber of a certificate 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 state, city, or county governmental entity, provided that: 

    (i) each of these public entities act through designated 
 officials authorized by rule or ordinance to perform 
 certification authority functions; or 

    (ii) one of these public entities is the subscriber of all 
 certificates issued by the certification authority; 

    (5) have the right to 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) maintain an office in this state or have established a 
 registered agent for service of process in this state; and 

    (8) comply with all further licensing requirements 
 established by rule by the secretary. 

    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.    Rules.  The secretary may by rule classify 
 licenses according to specified limitations, such as a maximum 
 number of outstanding certificates, cumulative maximum of 
 recommended reliance limits in certificates issued by the 
 certification authority, or issuance only within a single firm 
 or organization, and the secretary may issue licenses restricted 
 according to the limits of each classification.  A certification 
 authority acts as an unlicensed certification authority in 
 issuing a certificate exceeding the restrictions of the 
 certification authority's license. 

    Subd. 4.    Revocation or suspension.  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. 

    Subd. 5.    Local authorities.  The secretary may 
 recognize by rule the licensing or authorization of 
 certification authorities by local, metropolitan, or regional 
 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.  Unless 
 the parties provide otherwise by contract between themselves, 
 the licensing requirements in this section do not affect the 
 effectiveness, enforceability, or validity of any digital 
 signature, except that sections 325K.19 to 325K.24 do not apply 
 in relation to a digital signature that cannot be verified by a 
 certificate issued by an unlicensed certification authority. 

    Subd. 7.    Nonapplicability.  A certification authority 
 that has not obtained a license is not subject to the provision 
 of this chapter. 

    HIST: 1997 c 178 s 6