Digital Signature
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(2) The procedure for recognition of repositories shall be as
may be prescribed by regulations made under this Act.
(3) The Commission shall publish a list of recognized repositories
in such form and manner as it may determine.
Liability of repositories
69. (1) Notwithstanding any disclaimer by the repository or any
contract to the contrary between the repository and a licensed
certification authority or a subscriber, a repository shall be liable
for a loss incurred by a person reasonably relying on a digital
signature verified by the public key listed in a suspended or revoked
certificate, if loss was incurred more than one business day after
receipt by the repository of a request to publish notice of the
suspension or revocation, and the repository had failed to publish
the notice when the person relied on the digital signature.
(2) Unless waived, a recognized repository or the owner or
operator of a recognized repository—
(a) shall not be liable for failure to record publication of a
suspension or revocation, unless the repository has received
notice of publication and one business day has elapsed
since the notice was received;
(b) shall not be liable under subsection (1) in excess of the
amount specified in the certificate as the recommended
reliance limit;
(c) shall not be liable under subsection (1) for—
(i) punitive or exemplary damages; or
(ii) damages for pain or suffering;
(d) shall not be liable for misrepresentation in a certificate
published by a certification authority;
(e) shall not be liable for accurately recording or reporting
information which a licensed certification authority, a
court or the Commission has published as required or
permitted under this Act, including information about the
suspension or revocation of a certificate; and