Disclosure of private cryptographic keys.

Plain English Breakdown

The official source material does not mention the removal of any outdated definitions.

Protection Against Forced Disclosure of Private Keys

This law stops people from being forced to reveal their private keys for digital assets, identities, or other rights unless a public key is unavailable or can't provide needed information.

What This Bill Does

• Defines 'private key' as unique data used with an algorithm to encrypt and decrypt transactions.
• Prohibits forcing someone to give up their private key in legal proceedings like court cases or investigations.
• Allows the disclosure of a private key if the public key is not available or cannot provide necessary information.

Who It Names or Affects

• People who use digital assets and need to protect their private keys.
• Courts and other legal bodies that deal with cases involving digital assets.

Terms To Know

Private key

A unique piece of data used in encryption and decryption processes for digital transactions.

Public key

The part of cryptographic data that is publicly available and paired with a private key to perform encryption or decryption.

Limits and Unknowns

• Does not apply if the public key cannot provide necessary information for legal proceedings.
• Only applies in Wyoming starting July 1, 2023.

Official Summary Text

Bill Summary - 23LSO-0058
Bill No.:

HB0086

Effective:

7/1/2023

LSO No.:

23LSO-0058

Enrolled Act No.:

HEA No. 0027

Chapter No.:

66

Prime Sponsor:

Select Committee on Blockchain, Financial Technology and Digital Innovation Technology

Catch Title:

Disclosure of private cryptographic keys.

Subject:

Privacy of cryptographic keys.

Summary/Major Elements:

The bill defines a "private key" as a unique element of cryptographic data which is held by a person, paired with a unique, publicly available element of cryptographic data and associated with an algorithm that is necessary to carry out an encryption or decryption required to execute a transaction.

While not defined, a "public key" is the publicly available element of cryptographic data described in the definition.

This bill prohibits compelling the disclosure of a private key that relates to a digital asset, digital identity or other interest or right as part of any civil, criminal, administrative, legislative or other proceeding.

The bill creates an exception that would allow the disclosure of a private key where the public key is unavailable or where the public key does not make available information necessary in the proceeding.

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

23LSO-0058

ORIGINAL House

ENGROSSED
Bill No
.
HB0086

ENROLLED ACT NO. 27,

HOUSE OF REPRESENTATIVES

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

AN ACT relating to digital assets; prohibiting the compelled production of a private key that relates to a digital asset, digital identity or other interest or right except as specified; providing a definition; repealing a definition; and providing for an effective date.

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

Section 1.

W.S. 34
‑
29
‑
107 is created to read:

34
‑
29
‑
107.

Production of private keys; prohibition
.

(a)

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.

(b)

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 by subsection (a) of this section.

Section 2
.

W.S. 34
‑
29
‑
101(a) by creating a new paragraph (v) is amended to read:

34
‑
29
‑
101.

Definitions
.

(a)

As used in this chapter:

(v)

"Private key" means a unique element of cryptographic data, or any substantially similar analogue, which is:

(A)

Held by a person;

(B)

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

(C)

Associated with an algorithm that is necessary to carry out an encryption or decryption required to execute a transaction.

Section 3.

W.S. 34
‑
29
‑
103(e)(iii) is repealed.

Section 4
.

This act is effective July 1, 2023.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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