All about digital signatures

K. Krishnamurthi

INFORMATION technology has become an integral part of life today.

And India has made a headway for the IT superhighway. This week, `Know your laws' analyses the various aspects of the Information Technology Act recently passed by Parliament.

What is the law that deals with information technology?

It is the Information Technology Act 2000, a recent enactment passed by the Government.

What is the necessity for such a law?

With communication systems and digital technology developing rapidly, the society is becoming increasingly technology-oriented. Nothing moves without the aid of a computer.

It is used for all purposes, including education, commerce, business transmitting storing recording, e-mail, e-commerce. The existing laws are not in tune with the new system. The United Nations Commission on International Trade Law has adopted a model law on electronic commerce. The UN General Assembly has passed a resolution recommending that member-countries follow the model law.

What does the preamble to the Act say?

Preamble: An Act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication _ commonly referred to as electronic commerce _ which involves the use of alternatives to paper-used methods of communication, to facilitate electronic filing of documents with the Government agencies and, further, to amend the Indian Penal Code, the Indian Evidence Act, the Bankers Book Evidence Act and the RBI Act and for matters connected therewith or incidental thereto. It also refers to the UN Assembly resolution and its recommendation.

What is extent and applicability of the Act?

The Act applies to the entire country except as provided in the Act. The Act applies to any offence or contravention committed under the Act in and outside India by any person.

Has the Act come into force?

It came into force from August 15 _ an august beginning, indeed. Amendments to the Act are awaited consequent upon the discussion during the recent session of Parliament.

What is the effect of the Act in respect of enactments where signatures of parties are must or to be attested?

*This Act does not apply to negotiable instrument as defined in Section 13 of the Negotiable Instrument Act of 1881.

*A power of attorney as defined in Section 1 A of the Powers of Attorney Act of 1882.

*A trust as defined in Section 3 of the Indian Trusts Act 12 of 1882.

*A will as defined in Cl 4 of Section 2 of the Indian Succession Act 1925 (39 of 1925).

*Any contract of sale or conveyance of immovable property or any interest in such property.

*Any such class of documents or transactions as may be notified by the goverment.

How does this Act recognise electronic records?

A number of laws provide that information or any other matter shall be in writing, typewritten or printed. Because of this Act, in spite of such requirement, if any information or matter is rendered or made available in electronic form and made accessible for reuse or subsequent references, they are legally valid even if not signed.

What is meant by electronic form?

Any information generated, sent, received or stored in media, magnetic, optical, computer memory, microfilm or computer-generated microfiche.

What is electronic record?

Electronic record means data, record or data-generated image or sound, stored, received or sent in an electronic form or microfilm or computer-generated microfiche.

Should computer-generated documents

be signed by authors of documents?

The laws provide that information or any other matter shall be authenticated by affixing the signature or any document shall bear the signature of any person. But any information matter or document is computer-generated, ignoring the existing provisions the new law which says, ``such information or matter of digital signature affixed in the manner to be prescribed by the government''.

What is digital signature?

Digital signature means authentication of any electronic record by subscriber by electronic procedure, as provided in the Act.

Who is a subscriber?

It is someone in whose name the digital signature certificate is issued.

What is meant by digital signature certificate?

It is a certificate issued under Section 35(4).

Who issues the digital signature certificate?

It is issued by the certifying authority for issue of digital signature certificate.

Who is the issuing authority?

Certifying authority is a person who has been granted a licence to issue a digital signature certificate.

Who can have digital signature certificate?

Any person can apply to the certifying authority for issue of a DSC in the prescribed form, paying Rs 25,000. While prescribing, the government can differentiate the fee structure for different classes of applicants. The applicant shall also enclose a certification practice statement and in the absence of such a statement, particulars, as prescribed by regulations, have to be given.

How is the DSC issued?

The certifying authority, on receipt of the application, after due consideration of the certification statement and other particulars and enquiry, can grant the DSC. Discretion is vested with the certifying authority to reject any application. Reasons should be recorded in case of rejection.

Are any conditions imposed for issue of the DSC?

For issuing the DSC, the certifying authority should take into consideration the following points:

*The applicant holds the private key corresponding to the public key to be listed in the DSC.

*The applicant holds the private key, which is capable of creating a digital signature.

*The public key to be listed in the certificate can be used to verify a digital signature affixed by private key held by the applicant.

What does `private key' mean?

Private key means the key of a key pair used to create a digital signature and listed in DSC.

While issuing a DSC, the certifying authority has to certify the following:

*It has compiled with the provisions of the Act, and the rules and regulations made thereunder.

*It has published the DSC, or given to such persons relying on it and if the subscriber has accepted it.

*The subscriber holds the private key corresponding with public key.

*The subscriber's public key and private key constitute a functioning the pair.

*Information contained in the DSC is accurate.

*It has no knowledge of any material fact which, if included in the DSC, would affect the reliability of its representations made in clauses a b and (d).

Can a DSC be suspended?

A DSC shall not be suspended for a period exceeding 15 days unless the subscriber is given an opportunity of being heard. Suspension order should be communicated to the subscriber.How is the DSC suspended by the certifying authority?

The certifying authority can suspend the DSC under the following circumstances:

*On receipt of a request to that effect from

the subscriber listed in the DSC.

*Any person duly authorised to act on behalf of that subscriber.

*If it is of the opinion that the DSC should be suspended in public interest.

Can the certifying authority revoke the DSC?

Yes, on the following contingencies:

*When a request comes from the subscriber.

*When the subscriber dies.

*Upon the dissolution of the firm or winding up of the company if the subscriber is a firm or a company.

The DSC can also be revoked if the certifying authority feels so.

*A material fact represented in the DSC is false or has been concealed.

*A requirement for issue of the DSC has not been satisfied.

*The certifying authority's private key or security system has been compromised in a manner materially affecting DSC's reliability.

*The subscriber has been declared insolvent or dead or where subscriber is a firm or company has been dissolved.

Before revoking the DSC, the certifying authority shall give the subscriber an opportunity of being heard.

Pic.: The Parliamentary Affairs and Information Technology Minister, Mr Pramod Mahajan, releasing a compact disc on the `method of investigation of cyber law' prepared by the CBI. Also seen in the picture is the CBI director, Mr R. K. Raghavan.

Picture by Kamal Narang

(To be continued)

(The author is a Chennai-based advocate and notary public.)