Posted by mady | Posted in ASPECTS OF DIGITAL SIGNATURE | Posted on 12:31 AM
has been standardized, under the protection of law. The Information
Technology Act of India has number of sections which define the
Digital Signature Standard. The rules for the certifying authorities
such as, the process of obtaining a license to issue the digital
signature certificate, have been mentioned under this act. Few of
these provisions have been discussed below to get an idea of legal
recognition of digital signature.
1. Secure digital signature
If, by application of a security procedure agreed to by the parties
concerned, it can
be verified that a digital signature, at the time it was affixed, was:-
(a) unique to the subscriber affixing it.
(b) capable of identifying such subscriber.
(c) created in a manner or using a means under the exclusive control
of the subscriber and is linked to the electronic record to which it
relates in such a manner that if the electronic record was altered the
digital signature would be invalidated, then such digital signature
shall be deemed to be a secure digital signature.
2. Rules for Certifying Authority.
2.1. Certifying Authority to follow certain procedures.
Every Certifying Authority shall,
(a) make use of hardware, software and procedures that are secure from
intrusion and misuse.
(b) provide a reasonable level of reliability in its services which
are reasonably suited to the performance of intended functions.
(c) adhere to security procedures to ensure that the secrecy and
privacy of the digital signatures are assured.
(d) observe such other standards as may be specified by regulations.
(e) ensure that every person employed or otherwise engaged by it
complies, in the course of his employment or engagement, with the
provisions of this Act, rules, regulations and orders made there
under.
2.2. Certifying Authority to issue Digital Signature Certificate.
(1) Any person may make an application to the Certifying Authority for
the issue of a Digital Signature Certificate in such form as may be
prescribed by the Central Government.
(2) Every such application shall be accompanied by such fee as may be
prescribed by the Central Government, to be paid to the Certifying
Authority.
(3) Every such application shall be accompanied by a certification
practice statement or where there is no such statement, a statement
containing such particulars, as may be specified by regulations.
(4) On receipt of an application the Certifying Authority may, after
consideration of the Certification practice statement or the other
statement and after making such enquiries as it may deem fit, grant
the Digital Signature Certificate or for reasons to be recorded in
writing, reject the application.
Provided that no Digital Certificate shall be granted unless the
Certifying Authority is satisfied that-
(a) the application holds the private key corresponding to the public
key to be listed in the Digital Signature Certificate.
(b) the applicant holds a private key, which is capable of creating a
digital signature.
(c) the public key to be listed in the certificate can be used to
verify a digital signature affixed by the private key held by the
applicant.
Provided further that, no application shall be rejected unless the
applicant has been given a reasonable opportunity of showing cause
against the proposed rejection.
