2024 -- S 2702

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LC005465

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DIGITAL ASSET KEYS--

PROHIBITION OF PRODUCTION OF PRIVATE KEYS

     

     Introduced By: Senators DiPalma, Ciccone, Zurier, and Gu

     Date Introduced: March 01, 2024

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 64.35

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DIGITAL ASSET KEYS -- PROHIBITION OF PRODUCTION OF PRIVATE KEYS

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     42-64.35-1. Short title.

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     This chapter shall be known and may be cited as the "Digital Asset Keys -- Prohibition of

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Production of Private Keys."

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     42-64.35-2. Purpose.

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     This act prohibits the compelled production of a private key that relates to a digital asset.

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     42-64.35-3. Definitions.

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     As used in this chapter the following words and phrases shall have the following meanings,

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unless the context otherwise requires:

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     (1) "Private key" means a unique element of cryptographic data, or any substantially similar

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analogue, which is:

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     (i) Held by a person;

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     (ii) Paired with a unique, publicly available element of cryptographic data; and

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     (iii) Associated with an algorithm that is necessary to carry out an encryption or decryption

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required to execute a transaction.

 

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     42-64.35-4. Public key exception.

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     No person shall be compelled to produce a private key or make a private key known to any

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other person in any civil, criminal, administrative, legislative or other proceeding in this state that

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relates to a digital asset, digital identity or other interest or right to which the private key provides

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access unless a public key is unavailable or unable to disclose the requisite information with respect

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to the digital asset, digital identity or other interest or right.

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     42-64.35-5. No prohibition for lawful proceeding.

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     This section shall not be interpreted to prohibit any lawful proceeding that compels a

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person to produce, sell, transfer, convey or disclose a digital asset, digital identity or other interest

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or right to which a private key provides access, or to disclose information about the digital asset,

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digital identity or other interest or right; provided that, the person is not required to produce or

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disclose the private key except as otherwise required in this section.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DIGITAL ASSET KEYS--

PROHIBITION OF PRODUCTION OF PRIVATE KEYS

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     This act would prohibit the compelled production of a private key as it relates to a digital

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asset, digital identity or other interest or right.

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     This act would take effect upon passage.

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