# “A unique numeric identifier that can be assigned to a file, group of files, or part of a file, based on a standard mathematical algorithm applied to the properties of the record. The most commonly used algorithms, known as MD5 and SHA, generate numeric values so different that the probability that two records will have the same hash value, regardless of their resemblance, is less than one in a billion. The “hash” is used to guarantee the authenticity of an original document and can be used as the digital equivalent of the Bates stamp used in the production of paper documents. # “Managing Discovery of Electronic Information: A Pocket Guide for Judges,” Federal Judicial Center, at 24 (2007) # Article 6. If the law requires a person`s signature, this requirement is met with respect to a data message if an electronic signature is used that is as reliable as it was appropriate for the purpose for which the data message was generated or transmitted, taking into account all the circumstances, including a relevant agreement. 2. Paragraph 1 shall apply irrespective of whether the requirement referred to therein takes the form of an obligation or whether the law merely provides for consequences in the event of failure to sign. 3. An electronic signature shall be considered reliable in meeting the requirement referred to in paragraph 1 if: (a) the data used to create signatures are linked to the signatory and not to another person in the context in which they are used; (b) the data used to establish the signature were under the control of the signatory and no other person at the time of signature; (c) any changes made to the electronic signature after the date of signature are recognizable; and (d) Where the purpose of the legal obligation to sign is to ensure the integrity of the information to which it relates, any changes made to that information after the date of signature are apparent. www.uncitral.org/pdf/english/texts/electcom/ml-elecsig-e.pdf # § 3A(a) of the Information Technology Act 2000 # Section 4 of the Information Technology Act 2000 # Sec. 3A(b) of the Information Technology Act 2000 # Section 3A(2)(a) of the Information Technology Act 2000 # Section 3A(2)(b) of the Information Technology Act 2000 # Section 3A(2)(c) of the Information Technology Act 2000 # Section 3A(2)(d) of the Information Technology Act 2000 # ptlb.in/iips/?p=303 In 1999, the Uniform Law Commission designed the UETA model to provide a legal framework for the use of electronic signatures in each State. UETA has since been adopted by 49 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands. However, one state – New York – did not pass UETA, but instead introduced its own electronic signature law.
For more information on New York`s Electronic Signature and Records Act (ESRA), see below. This article was written by Aparajita Balaji, a student at the Vivekananda Institute of Professional Studies, associated with Guru Gobind Singh Indraprastha University, Delhi, and Hemal Shah, who is pursuing a degree in Advanced Contract Writing, Negotiation and Dispute Resolution from Lawsikho. In this article, she discussed the whole concept of digital signature in India. The difference between the digital signature and the electronic signature and the digital signature certificate. A digital signature is defined in paragraph 2(1)(p) of the Information Technology Act, 2000. A digital signature is a mathematical algorithm that is regularly used to validate originality and whether the message is true and authentic. A digital signature is a computerized fingerprint that is different from an independent person or organization and is used to protect the information contained in the digital message or document. In the case of emails, the email itself is part of the digital signature.
Simply put, a digital signature is a modern alternative to the traditional way of signing paper documents with ink. # “The art of protecting information by converting it into an unreadable format called ciphertext. Only those who have a secret key can decrypt (or decrypt) the plain text message. Encrypted messages can sometimes be broken by cryptanalysis, also known as code breaking, although modern cryptography techniques are virtually unbreakable. As the Internet and other forms of electronic communication become more common, electronic security becomes increasingly important. Cryptography is used to protect email messages, credit card information, and corporate data. One of the most popular crypto systems used on the Internet is Pretty Good Privacy because it is efficient and free. Cryptography systems can be roughly divided into symmetric key systems that use a unique key that the sender and recipient own, and into public key systems that use two keys, a public key known to all, and a private key that only the recipient of the messages uses. www.webopedia.com/TERM/C/cryptography.html A digital signature certificate (DSC) is equivalent to a physical or paper certificate.
DSC is a method to prove the authenticity of electronic documents. It must be presented electronically to display identity, access information, or digitally sign the document. The central government has appointed the CA controller, which grants the CAs a license to issue DSC to the user. There are 3 types of digital signatures depending on the security level.class i.e. certificate 1, class 2 and class 3. Although the two terms seem similar, digital signatures are different from electronic signatures. Digital signature is a technical term that defines the result of a cryptographic process or mathematical algorithm that can be used to authenticate a sequence of data. The term electronic signature – or electronic signature – is a legal term defined by law.
The ESIGN Act gave electronic signatures the same legal status as handwritten signatures in the United States, greatly simplifying and speeding up the way organizations collect, track, and manage signatures and approvals of agreements and documents of all kinds. In the ESIGN Act, an electronic signature is defined as “a sound, symbol or electronic process associated with a contract or other record or logically linked to a contract or other record and performed or accepted by a person intending to sign the document.” Simply put, electronic signatures are legally recognized as a viable method of indicating consent to a contract. APPLICABILITY OF SIGNATURES UNDER THE INFORMATION TECHNOLOGY ACT 2000 To be considered valid, electronic signature systems must have three elements: The purpose of the UNCITRAL Electronic Signatures Act 2001 provides for the following statement indicating the service of the electronic signature. “The increased use of electronic authentication techniques as a substitute for handwritten signatures and other traditional authentication methods has suggested the need for a specific legal framework to reduce uncertainty about the legal effect that may result from the use of these modern techniques (commonly referred to as `electronic signatures`). The risk of different legislative approaches to electronic signatures in different countries requires uniform legislation to establish the ground rules of an inherently international phenomenon where legal harmony and technical interoperability are a desirable objective. Section 2(ta) of the Information Technology Act 2000 defined electronic signature as “the authentication of an electronic record by a subscriber using the electronic technology specified in the Second Schedule and including the digital signature”. The definition of electronic signature includes digital signature and other electronic techniques that may be specified in the second schedule of the Act, so that an electronic signature means the authentication of an electronic record by a subscriber using electronic techniques. The introduction of the “electronic signature” has made the law technologically neutral, as it recognizes both the digital signature method, which is based on cryptography technology, and the electronic signature with other technologies. It was defined in section 2 (1) (ta) of the Information Technology Act 2000. Electronic signatures are also defined in the Electronic Signatures Directive, which the European Union (EU) adopted in 1999 and repealed in 2016.
It considered them equivalent to physical signatures. This law has been replaced by eIDAS (Electronic Identification Authentication and Trust Services), which regulates electronic signatures and transactions, as well as integration processes that ensure the safe conduct of business online.