Back to Wyoming

SF0039 • 2021

Digital identity.

AN ACT relating to trade and commerce; defining personal and organizational digital identity; establishing requirements for the attribution of acts taken through a digital identity; and providing for an effective date.

Technology
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
BlockChain/Technology
Last action
2021-04-01
Official status
enrolled
Effective date
7/1/2021

Plain English Breakdown

The official source material does not provide specific details on proving who used a digital identity or its impact on other Wyoming laws.

Digital Identity Act

This law defines personal and organizational digital identities, sets rules for attributing actions to these identities, and specifies when it takes effect.

What This Bill Does

  • Defines what a 'personal digital identity' is: an intangible digital representation of a natural person over which they have principal authority and through which they communicate or act.
  • Defines what an 'organizational digital identity' is: an intangible digital representation of a legal entity that is not a natural person, over which it has principal authority and through which it communicates or acts.
  • Establishes rules for attributing actions taken through personal or organizational digital identities to the respective natural persons or organizations.

Who It Names or Affects

  • People who use personal digital identities.
  • Organizations that use organizational digital identities.

Terms To Know

Personal Digital Identity
An intangible digital representation of a natural person over which they have principal authority and through which they communicate or act.
Organizational Digital Identity
An intangible digital representation of an organization over which it has principal authority and through which it communicates or acts.

Limits and Unknowns

  • The law does not specify how to prove who used a digital identity.
  • It is unclear what other laws this will affect in Wyoming.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0039SS001

Standing Committee • Senate Minerals, Business and Economic Development

Adopted

Plain English: The amendment changes the word 'dominion' to 'principal authority' in two places within the bill.

  • Replaces the term 'dominion' with 'principal authority' on page 4, line 3 of the bill.
  • Replaces the term 'dominion' with 'principal authority' on page 4, line 12 of the bill.
  • The amendment does not provide additional context or explanation for why these changes are being made, so it is unclear what specific impact this will have beyond changing terminology.

Bill History

  1. 2021-04-01 LSO

    Assigned Chapter Number 63

  2. 2021-04-01 Governor

    Governor Signed SEA No. 0024

  3. 2021-03-30 House

    H Speaker Signed SEA No. 0024

  4. 2021-03-29 Senate

    S President Signed SEA No. 0024

  5. 2021-03-29 LSO

    Assigned Number SEA No. 0024

  6. 2021-03-29 House

    H 3rd Reading:Passed 48-11-1-0-0

  7. 2021-03-26 House

    H 2nd Reading:Passed

  8. 2021-03-25 House

    H COW:Passed

  9. 2021-03-24 House

    H Placed on General File

  10. 2021-03-24 House

    H01 - Judiciary:Recommend Do Pass 8-0-1-0-0

  11. 2021-03-18 House

    H Introduced and Referred to H01 - Judiciary

  12. 2021-03-17 House

    H Received for Introduction

  13. 2021-03-17 Senate

    S 3rd Reading:Passed 28-2-0-0-0

  14. 2021-03-12 Senate

    S 2nd Reading:Passed

  15. 2021-03-11 Senate

    S COW:Passed

  16. 2021-03-09 Senate

    S Placed on General File

  17. 2021-03-09 Senate

    S09 - Minerals:Recommend Amend and Do Pass 5-0-0-0-0

  18. 2021-01-12 Senate

    S Introduced and Referred to S09 - Minerals

  19. 2021-01-12 Senate

    S Received for Introduction

  20. 2021-01-07 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 21LSO-0216
Bill No.:

SF0039

Effective:

7/1/2021 12:00:00 AM

LSO No.:

21LSO-0216

Enrolled Act No.:

SEA No. 0024

Chapter No.:

63

Prime Sponsor:

Select Committee on Blockchain, Financial Technology and Digital Innovation Technology

Catch Title:

Digital identity.

Subject:

Personal and organizational digital identity.

Summary/Major Elements:

This bill lays the groundwork for future laws relating to digital identity by providing a definition for personal and organizational digital identity that applies statute-wide and by providing for the attribution of actions taken through a personal or organizational digital identity to the natural person or organization.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
21LSO-0216

ORIGINAL Senate

File No
.
SF0039

ENROLLED ACT NO. 24,

SENATE

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to trade and commerce; defining personal and organizational digital identity; establishing requirements for the attribution of acts taken through a digital identity; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 40
‑
30
‑
101 and 40
‑
30
‑
102 are created to read:

CHAPTER 30
DIGITAL IDENTITY ACT

40
‑
30
‑
101.

Definitions.

(a)

As used in this chapter:

(i)

"Personal digital identity" means as defined in W.S. 8
‑
1
‑
102(a)(xviii);

(ii)

"Organizational digital identity" means as defined in W.S. 8
‑
1
‑
102(a)(xix).

40
‑
30
‑
102.

Acts through digital identity.

(a)

Consistent with the provisions of W.S. 40
‑
21
‑
109:

(i)

Acts taken through a personal digital identity are attributable to a natural person if they were the act of the natural person. The act of the natural person may be established in any manner, including a showing of the efficacy of any security procedure applied to determine the natural person to which an electronic record or electronic signature or other act was attributable;

(ii)

Acts taken through an organizational digital identity are attributable to the organization if they were the act of the organization. The act of the organization may be established in any manner, including a showing of the efficacy of any security procedure applied to determine the organization to which an electronic record or electronic signature or other act was attributable;

(iii)

The effect of an electronic record or electronic signature or other act attributed to a natural person or organization under paragraphs (i) and (ii) of this subsection shall be determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties' agreement, if any, and as otherwise provided by law.

Section 2.

W.S. 8
‑
1
‑
102(a) by creating new paragraphs (xviii) and (xix) is amended to read:

8
‑
1
‑
102.

Definitions.

(a)

As used in the statutes unless the legislature clearly specifies a different meaning or interpretation or the context clearly requires a different meaning:

(xviii)

"Personal digital identity" means the intangible digital representation of, by and for a natural person, over which he has principal authority and through which he intentionally communicates or acts;

(xix)

"Organizational digital identity" means the intangible digital representation of, by and for a corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture,
governmental agency, public corporation or any other legal or commercial entity that is not a natural person, over which it has principal authority and through which it intentionally communicates or acts.

Section 3
.

This act is effective July 1, 2021
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1