Legal Question in Technology Law in India

electroniic signature

I would like to know what is meant by signing elotronically, the term electronic signature is in the IT Act, but from there I could not get the meaning and legal consequence of it, I would further like to know how to sign electronically (please provide the tecnical and legal procedural detail)and does electronic signature have the same legal effect of ordinary signature on documents?


Asked on 9/26/04, 10:02 am

1 Answer from Attorneys

Mahesh T. Pai M. A. T. Pai & Mahesh T. Pai

Re: electroniic signature

The technical side:-

Technically speaking, a digital signature is few bytes of data wrapped aroung a `signed' file, which can be verified by some software for modifications the original file.

GPG from the GNU project, and PGP are most popular digitally signing programmes available on the web.

The crucial issue is, how does somebody verify the signature itself? This is not a issue in ordinary signatures, but is crucial in case of digital signature, by virtue of the very nature of technology. Hence, the law requires a certifying authority to verify the identity of the signing person, and certify his authenticity.

Now, for the Legal side:-

The internet community has built up an extensive network of peer authenticated signature servers. You can google for information of such peer authenticated signature servers. Such peer authenticated and regulated signature verification services run by peer groups and groups with common interests (Like software developers in a specific project) are popular, and trusted among the developer community.

Of course, the law has no respect for such peer authenticated networks, though they work perfectly in the internet community. The IT Act requires a signature to be certified by a certiying authority. Such digital signatures, which are certified by a certifying authority which is in turn certified by the Government, is as good as a real signature for several, but not all transactions.

Hope this helps.

Ps:-

Is this some sort of law school assignment?

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Answered on 9/26/04, 11:49 am


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