2025 -- H 5868

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LC001862

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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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: Representatives Casey, Solomon, and J. Brien

     Date Introduced: February 28, 2025

     Referred To: House Innovation, Internet, & Technology

     It is enacted by the General Assembly as follows:

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

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

CHAPTER 64.35

DIGITAL ASSET KEYS -- PROHIBITION OF PRODUCTION OF PRIVATE KEYS

     42-64.35-1. Short title.

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

Production of Private Keys."

     42-64.35-2. Purpose.

     This chapter prohibits the compelled production of a private key that relates to a digital

asset except as provided in § 42-64.35-4.

     42-64.35-3. Definitions.

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

unless the context otherwise requires:

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

analogue, which is:

     (i) Held by a person;

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

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

required to execute a transaction.

     42-64.35-4. Public key exception.

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

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

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

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

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

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

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

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

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

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

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

     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

***

     This act would, with limited exception, prohibit the compelled production of a private key

as it relates to a digital asset, digital identity or other interest or right.

     This act would take effect upon passage.

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