2025 -- S 0375

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

AN ACT

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DIGITAL ASSET KEYS-- PROHIBITION OF PRODUCTION OF PRIVATE KEYS

Introduced By: Senators DiPalma, Bell, Burke, Gu, and Murray

Date Introduced: February 26, 2025

Referred To: Senate Artificial Intelligence & Emerging Tech

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.

EXPLANATION

BY THE LEGISLATIVE COUNCIL

AN ACT

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.

Rhode Island S 375

Prohibition of Production of Private Digital Asset Keys

2025 RH S 375

Rhode Island S 375

Prohibition of Production of Private Digital Asset Keys

2025 RH S 375