Page 82 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Unit 4: Information Technology Act, 2000

4.6 Digital Signature Notes

Authentication of electronic records. Authentication is a process used to confirm the identity
of a person or to prove the integrity of information. The authentication of message involves

determining its source and verifying that it has not been modified or replaced in transit. Subject
to the provisions of section 3 any subscriber may authenticate an electronic record by affi xing his
digital signature.
The “hash function” means an algorithm mapping or translation of one sequence of bits into
another, generally smaller set known as “hash result” such that an electronic record yields the
same hash result every time the algorithm is executed with the same electronic record as its input
making it computationally infeasible (a) to derive or reconstruct the original electronic record
from the hash result produced by the algorithm; (b) that two electronic records can produce the
same hash result using the algorithm.

Example: The Rediff Communications Ltd had registered the domain name “Rediff.
com” with Network Solutions Inc. in February 1997. In January 1999, Cyberbooth the defendant
registered the domain name “Rediff.com” with National Solutions Inc. The plaintiff alleged that
the defendant had adopted the word “Rediff” as part of its trading style deliberately to pass off
its business as that of the plaintiff. The Bombay High Court considered that both the plaintiff and
defendant had a common field of activity, operated on the internet, provided information of a

similar nature and similar facilities such as sale of books, chat line and opinion polls. The court
restrained the defendant from using the said domain name.

4.7 Electronic Governance [Secs.4 to 16]

Legal Recognition of Electronic Records (Sec.4)

Where any law provides that information or any other matter shall be in writing or in the type,
written or printed form, then notwithstanding anything contained in such law, such requirement
shall be deemed to have been satisfied if such information or matter is (a) rendered or made

available in an electronic form; and (b) accessible so as to be usable for a subsequent reference.
Legal Recognition of Digital Signatures (Sec.5)

Where any law provides that information or any other matter shall be authenticated by affi xing
the signature or any document shall be signed or bear the signature of any person then,
notwithstanding anything contained in such law, such requirement shall be deemed to have

been satisfied, if such information or matter is authenticated by means of digital signature affi xed
in such manner as may be prescribed by the Central Government.

The expression “signed” as used above shall, with reference to a person, means affixing of his
handwritten signature or any mark on any document and the expression “signature” shall be
construed accordingly.

Use of Electronic Record and Digital Signatures in Government and its Agencies
(Sec.6)

Where any law provides for the following:

(a) the filing of any form, application or any other document with any office, authority, body

or agency owned or controlled by the appropriate Government in a particular manner;
(b) the issue or grant of any licence, permit, sanction or approval by whatever name called in
a particular manner;

LOVELY PROFESSIONAL UNIVERSITY 77