NAC720.780. Reasonable reliance on digital signature or certificate.

     1. Except as otherwise provided by a specific statute, regulation or contract, if reliance on a digital signature is not reasonable under the circumstances, the recipient of the digital signature assumes the risk that the digital signature was forged.

     2. Any determination of whether it is reasonable to rely upon a certificate or a digital signature verifiable with reference to the public key set forth in a certificate must include, without limitation, an evaluation of:

     (a) The facts known to the relying person or of which he or she has notice, including all the facts stated or incorporated by reference in the certificate;

     (b) The value or relative importance of the digitally signed message, if known;

     (c) The course of dealing between the relying person and the subscriber, and any available indicia of reliability or unreliability other than the digital signature; and

     (d) The usage of the trade, particularly trade conducted by trustworthy systems or other computer systems.

     (Added to NAC by Sec’y of State by R155-98, eff. 12-2-99)