1. 1. A certification authority, whether licensed or not, may not conduct its business in a manner that creates an unreasonable risk of loss to subscribers of the certification authority, to persons relying on certificates issued by the certification authority, or to a repository.

2. 2.

   1. (1) The division may publish in one or more recognized repositories brief statements advising subscribers, persons relying on digital signatures, and repositories about any activities of a licensed or unlicensed certification authority, of which the division has actual knowledge, which create a risk prohibited by subsection 1 of this section;

   2. (2) The certification authority named in a statement as creating such a risk may protest the publication of the statement by filing a brief, written defense. Upon receipt of such a protest, the division shall:

      1. (a) Publish the written defense along with the division's statement;
      2. (b) Publish notice that a hearing has been scheduled to determine the facts and to decide the matter; and
      3. (c) Promptly give the protesting certification authority notice and a hearing as provided in chapter 536, RSMo;

   3. (3) Following the hearing, the division shall:

      1. (a) Rescind the advisory statement if its publication was unwarranted pursuant to this section;
      2. (b) Cancel the advisory statement if its publication is no longer warranted;
      3. (c) Continue or amend the advisory statement if it remains warranted; or
      4. (d) Take further legal action to eliminate or reduce a risk prohibited by subsection 1 of this section;
   4. (4) The division shall publish its decision in one or more recognized repositories.
3. 3. Nothing in sections 28.600 to 28.678 shall be construed to prevent the division from exercising any and all legal methods to enforce the provisions of sections 28.600 to 28.678. The provisions of this section do not create a right of action in any person other than the division.

(L. 1998 S.B. 680 § 8)