But whether or not there was disclosure doesn’t matter. Sec 74 of the Act punishes creation, publication or providing of electronic signature certificate for fraudulent or unlawful purpose with imprisonment for a term which may extend up to two years or a fine which may extend up to one lakh.
Encrypted messages can sometimes be broken by cryptanalysis, also called code breaking, although modern cryptography techniques are virtually unbreakable. Authentication of an electronic document is important as it ensures that the message has not been tampered and confirms the creator’s identity, making it non repudiable, i.e., the sender cannot deny its creation. c) Any change or alteration to the electronic signature after affixation must be detectable. There are three different classes of digital certificate. # http://www.certificatetiger.com/News/difference-between-digital-certificate-and-digital-signature.htm# There is another class of digital certificate which is called as Class 0 Certificate.
The central government shall prescribe the manner in which electronic signature has to be affixed. United Nations Commission on International Trade Law (UNCITRAL) An important body of background thinking on electronic signature and trust services is being developed by the United Nations Commission on International Trade Law (UNCITRAL), ’the core legal body of the United Nations system in the field of international trade law’.This body has a working group on … Section 3A of the Information Technology Act 2000 is based on Article 6 “Compliance with a requirement for a signature” of UNCITRAL Model Law on Electronic Signatures 2001. The only method of authentication of electronic records in India presently being digital signature as there are no guidelines on use of electronic signature. b) The central government may notify in the official gazette the technique and procedure for electronic signature or specify in the second schedule of the Information Technology Act 2000. This just goes to show how important the “disclosure and consent” capabilities are for any electronic signature solution. # Section 2(g) of the Information technology Act 2000, means a person who has been granted a licence to issue a electronic signature Certificate under section 24. ‘Hashing’ is used to guarantee the authenticity of an original data set and can be used as a digital equivalent of the Bates stamp used in paper document production.” # “Managing Discovery of Electronic Information: A Pocket Guide for Judges,” Federal Judicial Center, at 24 (2007)# Article 6. The digital signature is based on Cryptography. PKI ensures the authenticity of the sender, security and accuracy of the information sent to the receiver. Paragraph 1 applies whether the requirement referred to therein is in the form of an obligation or whether the law simply provides consequences for the absence of a signature. b) If a person suppresses any material fact from, the Controller or Certifying authority. It provides assurance that the information sent is accurate and authentic and it can be produced as evidence in court.” http://www.e-zest.net/blog/public-key-infrastructure/# Section 2(zc) of the Information technology Act 2000, public key means the key of a key pair used to verify a digital signature and listed in the Digital Signature Certificate# Section 2(zd) of the Information technology Act 2000, private key means the key of a key pair used to create a digital signature, # “The art of protecting information by transforming it (encrypting it) into an unreadable format, called cipher text. Publication of electronic signature certificate which is false in certain particulars is an offense under section 73 of the Act. Consumers [were] not informed as to the terms of the magazine subscription until after the transaction has been processed, and the consumer's credit or debit card information ha[d] already been collected by [Best Buy].” [Labajo vs. Best Buy Stores, L.P., 478 F.Supp.2d 523 (2007)], Moreover, “the exhibit that purports to show the display of the electronic signature pad does not include Labajo's signature…Indeed, Labajo's signature is shown in a separate exhibit, one without any disclosures.” [Ibid.].
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