Revised Code of Washington - RCW Title 19 Business Regulations -- Miscellaneous - Chapter 19.34 Washington Electronic Authentication Act

19.34.010 Purpose and construction
This chapter shall be construed consistently with what is commercially reasonable under the circumstances and to effectuate the following purposes: (1) To facilitate commerce by ...

19.34.020 Definitions
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Accept a certificate" means to manifest approval of a ...

19.34.030 Secretary -- Duties
(1) The secretary must publish a certification authority disclosure record for each licensed certification authority, and a list of all judgments filed with the secretary, ...

19.34.040 Secretary -- Fees -- Disposition
The secretary may adopt rules establishing reasonable fees for all services rendered by the secretary under this chapter, in amounts that are reasonably calculated to ...

19.34.100 Certification authorities -- Licensure -- Qualifications -- Revocation and suspension
(1) To obtain or retain a license, a certification authority must: (a) Provide proof of identity to the secretary; (b) Employ only certified operative personnel ...

19.34.101 Expiration of licenses -- Renewal -- Rules
Licenses issued under this chapter expire one year after issuance, except that the secretary may provide by rule for a longer duration. The secretary shall ...

19.34.110 Compliance audits
(1) A licensed certification authority shall obtain a compliance audit at such times and in such manner as directed by rule of the secretary. If ...

19.34.111 Qualifications of auditor signing report of opinion -- Compliance audits under state auditor's authority
(1) An auditor signing a report of opinion as to a compliance audit required by RCW 19.34.110 must: (a) Be a certified public accountant, licensed ...

19.34.120 Licensed certification authorities -- Enforcement -- Suspension or revocation -- Penalties -- Rules -- Costs -- Procedure -- Injunctions
(1) The secretary may investigate the activities of a licensed certification authority material to its compliance with this chapter and issue orders to a certification ...

19.34.130 Certification authorities -- Prohibited activities -- Statement by secretary advising of certification authorities creating prohibited risks -- Protest -- Hearing -- Disposition -- Notice -- Procedure
(1) No certification authority, whether licensed or not, may conduct its business in a manner that creates an unreasonable risk of loss to subscribers of ...

19.34.200 Licensed certification authorities -- Requirements
(1) A licensed certification authority shall use only a trustworthy system to issue, suspend, or revoke certificates. A licensed certification authority shall use a recognized ...

19.34.210 Certificate -- Issuance--Confirmation of information -- Confirmation of prospective subscriber -- Standards, statements, plans, requirements more rigorous than chapter -- Revocation, suspension -- Investigation -- Notice -- Procedure
(1) A licensed certification authority may issue a certificate to a subscriber only after all of the following conditions are satisfied: (a) The certification authority ...

19.34.220 Licensed certification authorities -- Warranties, obligations upon issuance of certificate -- Notice
(1) By issuing a certificate, a licensed certification authority warrants to the subscriber named in the certificate that: (a) The certificate contains no information known ...

19.34.230 Subscribers -- Representations and duties upon acceptance of certificate
(1) By accepting a certificate issued by a licensed certification authority, the subscriber listed in the certificate certifies to all who reasonably rely on the ...

19.34.231 Signature of a unit of government required -- City or county as certification authority -- Unit of state government prohibited from being certification authority -- Exceptions
(1) If a signature of a unit of state or local government, including its appropriate officers or employees, is required by statute, administrative rule, court ...

19.34.240 Private key -- Control -- Public disclosure exemption
(1) By accepting a certificate issued by a licensed certification authority, the subscriber identified in the certificate assumes a duty to exercise reasonable care to ...

19.34.250 Suspension of certificate -- Evidence -- Investigation -- Notice -- Termination -- Limitation or preclusion by contract -- Misrepresentation -- Penalty -- Contracts for regional enforcement by agencies -- Rules
(1) Unless the certification authority provides otherwise in the certificate or its certification practice statement, the licensed certification authority that issued a certificate that is ...

19.34.260 Revocation of certificate -- Confirmation -- Notice -- Release from security duty -- Discharge of warranties
(1) A licensed certification authority must revoke a certificate that it issued but which is not a transactional certificate, after: (a) Receiving a request for ...

19.34.270 Certificate -- Expiration
(1) A certificate must indicate the date on which it expires. (2) When a certificate expires, the subscriber and certification authority cease to certify as ...

19.34.280 Recommended reliance limit -- Liability -- Damages
(1) By clearly specifying a recommended reliance limit in a certificate and in the certification practice statement, the issuing certification authority recommends that persons rely ...

19.34.290 Collection based on suitable guaranty -- Proceeds -- Attorneys' fees -- Costs -- Notice -- Recovery of qualified right of payment
(1)(a) If the suitable guaranty is a surety bond, a person may recover from the surety the full amount of a qualified right to payment ...

19.34.291 Discontinuation of certification authority services -- Duties of authority -- Continuation of guaranty -- Process to maintain and update records -- Rules -- Costs
(1) A licensed certification authority that discontinues providing certification authority services shall: (a) Notify all subscribers listed in valid certificates issued by the certification authority, ...

19.34.300 Satisfaction of signature requirements
(1) Where a rule of law requires a signature, or provides for certain consequences in the absence of a signature, that rule is satisfied by ...

19.34.305 Acceptance of digital signature in reasonable manner
Acceptance of a digital signature may be made in any manner reasonable in the circumstances.[1997 c 27 § 31.]Notes: Effective date -- Severability -- 1997 ...

19.34.310 Unreliable digital signatures -- Risk
Unless otherwise provided by law or contract, the recipient of a digital signature assumes the risk that a digital signature is forged, if reliance on ...

19.34.311 Reasonableness of reliance -- Factors
The following factors, among others, are significant in evaluating the reasonableness of a recipient's reliance upon a certificate and upon the digital signatures verifiable with ...

19.34.320 Digital message as written on paper -- Requirements -- Other requirements not affected -- Exception from uniform commercial code
A message is as valid, enforceable, and effective as if it had been written on paper, if it: (1) Bears in its entirety a digital ...

19.34.321 Acceptance of certified court documents in electronic form -- Requirements -- Rules of court on use in proceedings
(1) A person may not refuse to honor, accept, or act upon a court order, writ, or warrant upon the basis that it is electronic ...

19.34.330 Digital message deemed original
A digitally signed message shall be deemed to be an original of the message.[1999 c 287 § 15; 1996 c 250 § 404.]Notes: Effective date ...

19.34.340 Certificate as acknowledgment -- Requirements -- Exception -- Responsibility of certification authority
(1) Unless otherwise provided by law or contract, if so provided in the certificate issued by a licensed certification authority, a digital signature verified by ...

19.34.350 Adjudicating disputes -- Presumptions
In adjudicating a dispute involving a digital signature, it is rebuttably presumed that: (1) A certificate digitally signed by a licensed certification authority and either ...

19.34.351 Alteration of chapter by agreement -- Exceptions
The effect of this chapter may be varied by agreement, except: (1) A person may not disclaim responsibility for lack of good faith, but parties ...

19.34.360 Presumptions of validity/limitations on liability -- Conformance with chapter
The presumptions of validity and reasonableness of conduct, and the limitations on liability in this chapter do not apply to electronic records or electronic signatures ...

19.34.400 Recognition of repositories -- Application -- Discontinuance -- Procedure
(1) The secretary must recognize one or more repositories, after finding that a repository to be recognized: (a) Is a licensed certification authority; (b) Includes, ...

19.34.410 Repositories -- Liability -- Exemptions -- Liquidation, limitation, alteration, or exclusion of damages
(1) Notwithstanding a disclaimer by the repository or a contract to the contrary between the repository, a certification authority, or a subscriber, a repository is ...

19.34.420 Confidentiality of certain records -- Limited access to state auditor
(1) The following information, when in the possession of the secretary, the department of information services, or the state auditor for purposes of this chapter, ...

19.34.500 Rule making
The secretary of state may adopt rules to implement this chapter beginning July 27, 1997, but the rules may not take effect until January 1, ...

19.34.501 Chapter supersedes and preempts local actions
This chapter supersedes and preempts all local laws or ordinances regarding the same subject matter.[1997 c 27 § 25.]Notes: Effective date -- Severability -- 1997 ...

19.34.502 Criminal prosecution not precluded -- Remedies not exclusive -- Injunctive relief availability
This chapter does not preclude criminal prosecution under other laws of this state, nor may any provision of this chapter be regarded as an exclusive ...

19.34.503 Jurisdiction, venue, choice of laws
Issues regarding jurisdiction, venue, and choice of laws for all actions involving digital signatures must be determined according to the same principles as if all ...

19.34.900 Short title
This chapter shall be known and may be cited as the Washington electronic authentication act.[1996 c 250 § 101.] ...

19.34.901 Effective date -- 1996 c 250
(1) Sections 101 through 601, 604, and 605, chapter 250, Laws of 1996 take effect January 1, 1998. (2) Sections 602 and 603, chapter 250, ...

19.34.902 Severability -- 1996 c 250
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...

19.34.903 Part headings and section captions not law -- 1996 c 250
Part headings and section captions as used in this act do not constitute any part of the law.[1996 c 250 § 605.] ...