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                |  Monday,
                  February 24, 2003
 |  | Feature |  
                |  | Digital signature
        different from electronic oneGeeta Gulati
  WITH
        economy having undergone a sea change from agrarian to industrial and
        now cyber economy, the growth of e-commerce has led to the requirement
        of electronic alternative to handwritten signature.
 As online business
        involves both businesses and consumers, items of valuable consideration
        are being purchased and sold by mutual agreement done electronically,
        which can have substantial economic consequences. For example, in the
        event of any dispute, the problem of establishing the authentication and
        integrity of the electronic communication will be difficult. In order to
        overcome such an eventuality, the provision for digital signatures was
        provided in the IT Act, 2000. Digital signature is not
        to be confused with electronic signature. A signature, which can be
        executed by using a symbol or sound like writing name at the end of the
        e-mail is an electronic signature. This does not verify whether the
        document has been altered in the transaction. This, thus, does not
        provide for the authentication and veracity of the message. Digital signature is done
        electronically by using the Asymmetric Cryptography through a
        combination of a pair of keys called public key and a private key. The private key is with
        the subscriber to create the digital signatures. The public key is with
        the receiver to verify the digital signatures. Digital signature can be
        executed by following a few steps. The signer first drafts the message
        that he wishes to sign digitally. Then he uses the hash function to
        create hash result or message digest of the original message by using
        the digital signature software. Finally, the signer uses his private key
        to sign the message digest. It’s not possible to alter a message
        digest back to the original data from which it was created. The receiver decrypts the
        digital signature by signer’s public key, changing it back into a
        message digest by using the same hash function as that of a signer if
        the hash result matches. It implies that the message has not been
        altered unauthorisedly. Digital signature fulfills
        various legal purposes for the effective use of electronic records in
        e-commerce in government and its agencies. It provides for authenticity,
        as digital signatures cannot be forged unless the signer losses control
        over his private key. The signer is accountable for legal consequences,
        as the message cannot be repudiated thus preventing cheating and other
        malicious activities. It also provides for the confidentiality of the
        information. The IT Act has given legal
        recognition to digital signature meaning, thereby, that legally it has
        the same value as handwritten or signed signatures affixed to a document
        for its verification. Digital signature under
        the IT Act authenticates all electronic documents, except Negotiable
        Instruments, Power of Attorney, Trusts, Wills or other Testamentary
        dispositions and document for the sale or conveyance of immovable
        property. Digital signature
        certificate is issued by certifying authority, appointed under the IT
        Act, by making an application with the prescribed fee to the same.
        Digital Signature Certificate is issued with a designated expiry date. Certifying Authority has the power to suspend and revoke a
        Digital Signature Certificate after publishing notice of the same. Digital signatures, thus,
        provide for the legality and trustworthiness of the electronic document.
 
 
 
 
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