Subpart 1.
Presumptions.
Digital signatures made pursuant to a certificate issued by a
certification authority are entitled to the presumptions in Minnesota Statutes,
sections
325K.19
to
325K.24:
A. if the parties mutually agree to the
provisions in a contract;
B. if the
certification authority obtains a license as a certification authority from the
secretary; or
C. if the
certification authority is licensed by a governmental entity other than the
state of Minnesota and the secretary determines that the requirements for
licensure in that jurisdiction are substantially similar to those in Minnesota
as found in this chapter and Minnesota Statutes, chapter 325K. To make the
determination, the secretary must receive from an interested party:
(1) a request stating the name; address;
telephone number, including area code; and electronic mailing address of the
interested party; and
(2) a copy,
in English, of the applicable laws and rules under which the license has been
issued.
Once the secretary has completed the determination, the
interested party will be notified in writing, by mail, and electronic
mail.
Subp.
2.
Publication of information.
A. A list of the jurisdictions whose law has
been determined to be substantially similar to that of Minnesota will be
published in the secretary's repository and will be made available on
request.
B. If a certification
authority's approval is revoked following the procedures in subpart
3, notice of the revocation
will be published in the secretary's repository and will be made available on
request.
Subp. 3.
Loss of presumptions.
A digital signature made pursuant to a certificate issued by a
certification authority licensed by a governmental entity whose law has been
determined to be substantially similar to that of Minnesota is not entitled to
the presumptions in Minnesota Statutes, sections
325K.19
to
325K.24,
if:
A. a complaint about the
certification authority is received by the secretary from a person whose
transaction has been or will be performed in whole or in part in
Minnesota;
B. an investigation is
conducted by the secretary pursuant to the processes in this chapter for
certification authorities licensed by the secretary; and
C. the secretary determines that denial of
the presumptions is necessary due to the violation of the operating criteria in
this chapter for licensed certification authorities and follows the procedures
in Minnesota Statutes, chapter 14, to issue the revocation.
Subp. 4.
Application for
renewed presumptions.
To regain the application of the presumptions in Minnesota
Statutes, sections
325K.19
to
325K.24,
a certification authority whose status has been revoked pursuant to subpart
3 must apply for and receive
a license from the secretary and pay the reasonable costs of the investigation
and hearing conducted under subpart
3.
