16-1602.   Definitions.In this act:

      (a)   "Agreement" means the bargain of the parties in fact, as found in theirlanguage or inferred from other circumstances and from rules, regulations, andprocedures given the effect of agreements under laws otherwise applicable to aparticular transaction.

      (b)   "Automated transaction" means a transaction conducted or performed, inwhole or in part, by electronic means or electronic records, in which the actsor records of one or both parties are not reviewed by an individual in theordinary course in forming a contract, performing under an existing contractor fulfilling an obligation required by the transaction.

      (c)   "Computer program" means a set of statements or instructions to be useddirectly or indirectly in an information processing system in order to bringabout a certain result.

      (d)   "Contract" means the total legal obligation resulting from the parties'agreement as affected by this act and other applicable law.

      (e)   "Digital signature" means a type of electronic signature consisting of atransformation of an electronic message using an asymmetric crypto system suchthat a person having the initial message and the signer's public key canaccurately determine whether:

      (1)   The transformation was created using the private key that corresponds tothe signer's public key; and

      (2)   the initial message has not been altered since the transformation wasmade.

      (f)   "Electronic" means relating to technology having electrical, digital,magnetic, wireless, optical, electromagnetic or similar capabilities.

      (g)   "Electronic agent" means a computer program or an electronic or otherautomated means used independently to initiate an action or respond toelectronic records or performances in whole or in part, without review oraction by an individual.

      (h)   "Electronic record" means a record created, generated, sent,communicated, received or stored by electronic means.

      (i)   "Electronic signature" means an electronic sound, symbol or processattached to or logically associated with a record and executed or adopted by aperson with the intent to sign the record.

      (j)   "Governmental agency" means an executive, legislative, or judicialagency, department, board, commission, authority, institution orinstrumentality of the federal government or of a state or of a county,municipality or other political subdivision of a state.

      (k)   "Information" means data, text, images, sounds, codes, computerprograms, software, databases or the like.

      (l)   "Information processing system" means an electronic system for creating,generating, sending, receiving, storing, displaying or processing information.

      (m)   "Message" means a digital representation of information.

      (n)   "Person" means an individual, corporation, business trust, estate,trust, partnership, limited liability company, association, joint venture,governmental agency, public corporation or any other legal or commercialentity.

      (o)   "Record" means information that is inscribed on a tangible medium orthat is stored in an electronic or other medium and is retrievable inperceivable form.

      (p)   "Registered certification authority" means a person providingcertification of a digital signature who is, or is certified by, a member ofthe group of certification authorities approved by and registered with thesecretary.

      (q)   "Secretary" means the Kansas secretary of state.

      (r)   "Security procedure" means a procedure employed for the purpose ofverifying that an electronic signature, record or performance is that of aspecific person or for detecting changes or errors in the information in anelectronic record. The term includes a procedure that requires the use ofalgorithms or other codes, identifying words or numbers, encryption,callback or other acknowledgment procedures.

      (s)   "State" means a state of the United States, the District of Columbia,Puerto Rico, the United States Virgin Islands or any territory or insularpossession subject to the jurisdiction of the United States.

      (t)   "Transaction" means an action or set of actions occurring between two ormore persons relating to the conduct of business, insurance, commercialorgovernmentalaffairs.

      History:   L. 2000, ch. 120, § 2; July 1.