1. 1. Notwithstanding any disclaimer by the repository or any contract to the contrary between the repository, a certification authority, or a subscriber, a repository is 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:

   1. (1) The 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
   2. (2) The repository had failed to publish the notice of suspension or revocation when the person relied on the digital signature.

2. 2. Unless waived, a recognized repository or the owner or operator of a recognized repository is:

   1. (1) Not liable:

      1. (a) For failure to publish notice of a suspension or revocation, unless the repository has received notice of publication and one business day has elapsed since the notice was received;
      2. (b) For any damages pursuant to subsection 1 of this section in excess of the amount specified in the certificate as the recommended reliance limit;
      3. (c) For misrepresentation in a certificate published by a licensed certification authority;
      4. (d) For accurately recording or reporting information which a licensed certification authority, the division, a county clerk or court clerk has published as provided in sections 28.600 to 28.678, including information about suspension or revocation of a certificate; or
      5. (e) For reporting information about a certification authority, a certificate or a subscriber, if such information is published as provided in sections 28.600 to 28.678 or a rule of the division, or is published by order of the division in the performance of its licensing and regulatory duties pursuant to sections 28.600 to 28.678; and

   2. (2) Liable pursuant to subsection 1 of this section only for direct compensatory damages, which do not include:

      1. (a) Punitive or exemplary damages;
      2. (b) Damages for lost profits, savings or opportunity; or
      3. (c) Damages for pain or suffering.

(L. 1998 S.B. 680 § 26)