Information Technology act 2000
The Information Technology Act, 2000 is India’s mother legislation regulating the use of computers, computer systems and computer networks as also data and information in the electronic format. The said legislation has provided for the legality of the electronic format as well as electronic contracts. This legislation has touched varied aspects pertaining to electronic authentication, digital signatures, cybercrimes and liability of network service providers.
Information technology act 2000 deals with various computer systems like
Electronic forms. (online money transfer, online income tax payment, online application)
Online transfer of data.
Online banking
Storage of data
Computer Virus
Hacking
Emailing.
Unauthorized access of computer system
The Act provides for:
Legal Recognition of Electronic Documents
Legal recognition of Electronic commerce Transactions
Admissibility of Electronic data/evidence in a Court of Law
Legal Acceptance of digital signatures
Punishment for Cyber obscenity and crimes
Establishment of Cyber regulations advisory Committee and the Cyber Regulations Appellate Tribunal.
Facilitation of electronic filing maintenance of electronic records.
Before knowing information technology act 2000, one need to know some technical terminology related to computer systems.
Person’s signature on the document is necessary to prove that the document is belonging to him. Signature is the evidence to prove that the document belong to the particular person.
DIGITAL SIGNATURE
Definition 1
A digital signature (not to be confused with a digital certificate) is an electronic signature that can be used to authenticate the identity of the sender of a message or the signer of a document,
Definition 2
A digital signature is basically a way to ensure that an electronic document (e-mail, spreadsheet, text file, etc.) is authentic. Authentic means that you know who created the document and you know that it has not been altered in any way since that person created it.
Uses of digital signature
1. Issuing forms and licences
2. Filing tax returns online
3. Online Government orders/treasury orders
4. Registration
5. Online file movement system
6. Public information records
7. E-voting
8. Railway reservations & ticketing
9. E-education
10. Online money orders
11. Secured emailing
How do you get a Digital Signature Certificate
The Office of Controller of Certifying Authorities (CCA), issues Certificate only to Certifying Authorities.CA issue Digital Signature Certificate to end-user. You can approach any one of the eight CAs for getting Digital Signature Certificate. The website addresses are given below.
a. www.safescrypt.com
b. www.nic.in
c. www.idrbtca.org.in
d. www.tcs-ca.tcs.co.in
e. www.mtnltrustline.com
f. www.icert.gov.in
g. www.ncodesolutions.com
h. www.e-Mudhra.com
Different Classes of Digital Signature Certificates
Class 0 Certificate: This certificate shall be issued only for demonstration/ test purposes.
Class 1 Certificate: Class 1 certificates shall be issued to individuals/private subscribers. These certificates will confirm that user’s name (or alias) and E-mail address form an unambiguous subject within the Certifying Authorities database.
Class 2 Certificate: These certificates will be issued for both business personnel and private individuals use. These certificates will confirm that the information in the application provided by the subscriber does not conflict with the information in well-recognized consumer databases.
Class 3 Certificate: This certificate will be issued to individuals as well as organizations. As these are high assurance certificates, primarily intended for e-commerce applications, they shall be issued to individuals only on their personal (physical) appearance before the Certifying Authorities.
[Sec 5] legal recognition of the digital signature
According to this section, signature of the person need no to be in writing, it can be in the form of the following.
With rubber stamp
With pen
With pencil
With thumb impression
With digital signature which is issued by the certifying authority (government body) and stored in the computer in the file format
Digital signature is not like hand writing signature. It is not normally readable. Not like general hand writing signature. Digital signatures have equal legal recognition compared with non-digital signatures. Digital signature will be different for each e document. Digital signature is issued by the certifying authority.
Sec 15
According to this section
digital signature is secure
Digital signature will be used as identification of the subscriber.
License procedure of the digital signature certificate
Section 2 (q) “Digital Signature Certificate” means a Digital Signature Certificate issued under subsection (4) of section 35;
Sec21
Any person can apply for the digital signature certification having certain qualification prescribed by government under the act.
Sec22 application
Any person can apply for digital signature with filling of application.
Any other documents attached if needed, should be genuine
Fee of rupees 2500/-
[Sec23]
License can be renewed before the 45 days of expiry date of 5 years. Renewal fees is 5000/-. After the expiry of the date, late fee will be collected in addition to the renewal fee.
[Sec25]
According to this section license will be cancelled if the applicant provides any false information
DIGITAL SIGNATURE
Section 2 (p) “digital signature” means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3;
Authentication of electronic records. [Sec 3]
According to this section any person can use and affix his digital signature to the electronic record (message or data on computer) to prove/ confirm (authenticate) such electronic is created by him
only and belong to him only. Affixing digital signature to the electronic record will be a proof that belongs to a specific person.
“Electronic record” means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; [Sec 2(t)]
[sec3 (2)]
This section deals with the computer online process of sending data or message securely and safely from sender to the receiver. And also deals with the assuring of message or data to receiver and sender.
Section 2 (f) “asymmetric crypto system” means a system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature;
Cryptographic system
Cryptographic mechanism process done by the computer system.
The message or data send out will be encrypt by a cryptographic mechanism. (the procedures and methods of making and using secret languages, as codes)
Cryptographic mechanism includes private key and public key which are cryptographic methods provided certifying authorities. (Private Key encryption is essentially the same as a secret code that the two computers must each know in order to decode the information. The code would provide the key to decoding the message)
(To decode an encrypted message, a computer must use the public key provided by the originating computer and its own private key.)
Public key and private key or both mathematically related to each other.
Therefore private key is being used to encode the data/message and a public key is being used to decode the data/ message.
Private key will be with sender only
Private Key with public will be with sender.
Public will be with receiver of data or message.
Hash function=checksum/message digest
Hash function process is done by the computer system
Hash function which mean algorithm is a mathematical function/formula that converts a large, possibly variable-sized amount of data into a small datum. This is called as hash result and message digest.
To sign a document, sender by software will crunch down the data or message into just a few lines by a process called “hashing algorithm/ hash function”. These few lines are called a message digest/ hash result.
Any modification in message or data changes the hash result.
With the hash result we cannot construct the original message or data.
Digital signature verification.
Sender by software then encrypts the message digest with his private key. The result is the digital signature.
Finally, sender software attaches / affixes the digital signature to data or message. All of the data that was hashed has been signed.
Receiver by software will decrypts the signature (using sender public key) changing it back into a message digest.
If this worked, then it proves that sender has only signed the document, because only sender has his relating private key.
Receiver by software then hashes the data or message into a message digest/ hash result. If the message digest/ hash result is the same as the message digest created when the signature was decrypted, then receiver knows that the signed data has not been changed.
[A digital signature is another means to ensure integrity, authenticity, and non-repudiation. A digital signature is derived by applying a mathematical function to compute the message digest of an electronic message or document, and then encrypt the result of the computation with the signer's private key. Recipients can verify the digital signature with the use of the sender's public key.]
How It Works
Assume you were going to send the draft of a contract to your lawyer in another town. You want to give your lawyer the assurance that it was unchanged from what you sent and that it is really from you.
1. You copy-and-paste the contract (it’s a short one!) into an e-mail note.
2. Using special software, you obtain a message hash (mathematical summary) of the contract.
3. You then use a private key that you have previously obtained from a public-private key authority to encrypt the hash.
4. The encrypted hash becomes your digital signature of the message. (Note that it will be different each time you send a message.)
At the other end, your lawyer receives the message.
1. To make sure it’s intact and from you, your lawyer makes a hash of the received message.
2. Your lawyer then uses your public key to decrypt the message hash or summary.
3. If the hashes match, the received message is valid.
ATM CARDS
The Private Key is generated in the crypto module residing in the smart card.
The key is kept in the memory of the smart card.
The key is highly secured as it doesn’t leave the card, the message digest is sent inside the card for signing, and the signatures leave the card.
The card gives mobility to the key and signing can be done on any system. (Having smart card reader)
[Sec 40]
Subscriber will generate the key pair (public key and private key) by certain security process by through the controller of certifying authorities Public key with hash algorithm is listed in the digital signature certificate for verification process. Private Key is kept secret.
[Sec 35]
Certifying Authority to issue Digital Signature Certificate.
(1) Any person may make an application to the Certifying Authority for the issue of a Digital Signature Certificate in such form as may be prescribed by the Central Government
(2) Every such application shall be accompanied by such fee not exceeding twenty five thousand rupees as may be prescribed by the Central Government, to be paid to the Certifying Authority:
Provided that while prescribing fees under sub-section (2) different fees may be prescribed for different classes of applicants’.
(3) Every such application shall be accompanied by a certification practice statement or where there is no such statement, a statement containing such particulars, as may be specified by regulations.
(4) On receipt of an application under sub-section (1), the Certifying Authority may, after consideration of the certification practice statement or the other statement under subsection (3) and after making such enquiries as it may deem fit, grant the Digital Signature Certificate or for reasons to be recorded in writing, reject the application: Provided that no Digital Signature Certificate shall be granted unless the Certifying
Authority is satisfied that—
(b) the applicant holds the private key corresponding to the public key to be listed in the Digital Signature Certificate;
(c) the applicant holds a private key, which is capable of creating a digital signature;
(d) the public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the applicant: Provided further that no application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection.
ELECTRONIC GOVERNANCE
(E-Governance or e-gov is broadly defined as an “application of Information technology to the functioning of the Government”. E-gov relies heavily on the effective use of Internet and other emerging technologies to receive and deliver information and services easily, quickly, efficiently and inexpensively.)
Sec 6
Government can file, create, use of electronic records in certain format for issue license, permits, any approval, receipt and payment of money.
Sec 7
Electronic records should be stored in the format which they were created and also information in electronic records should not be altered. They should be stored for the specific period for the future reference whenever needed
Sec 10
According to this section central government has power to make rule in respect of digital signatures
Type of digital signature
Format of digital signature
Procedure which facilitate identification of the person affixing the digital signature
Control on the security and confidentiality of the electronic records.
Acknowledge of receipt
Sec12
Addressee should indicate sender on the receipt of the electronic record. If acknowledgement is not received by the sender, it is deemed that electronic record is not send Eg: email
Sec13
If Addressee has designated the specific computer source for the receipt of the electronic record eg: email address. In such case electronic record is deemed to be receipt by addressee. If the addressee has not designated the any specific computer to the sender eg: email. It is deemed to receipt when the addressee retrieve the information. Retrieve of information can be done from home or at the business place.
Sec 17
Central government appoints the controller of certifying authorities for the purpose of this act, they discharge their function according to this act.
Function of the controller
Sec 18
(a) exercising supervision over the activities of the Certifying Authorities;
(b) certifying public keys of the Certifying Authorities;
(c) laying down the standards to be maintained by the Certifying Authorities;
(d) specifying the qualifications and experience which employees of the Certifying Authorities should possess;
(e) specifying the conditions subject to which the Certifying Authorities shall conduct their business;
(f) specifying the contents of written, printed or visual materials and advertisements that may be distributed or used in respect of a Digital Signature Certificate and the public key;
(g) Specifying the form and content of a Digital Signature Certificate and the key,
(h) Specifying the form and manner in which accounts shall be maintained by the Certifying Authorities;
(i) Specifying the terms and conditions subject to which auditors may be appointed and the remuneration to be paid to them;
(j) Facilitating the establishment of any electronic system by a Certifying Authority either solely or jointly with other Certifying Authorities and regulation of such systems;
(k) Specifying the manner in which the Certifying Authorities shall conduct their dealings with the subscribers;
(l) Resolving any conflict of interests between the Certifying Authorities and the subscribers;
(m) Laying down the duties of the Certifying Authorities;
(n) Maintaining a data base containing the disclosure record of every Certifying Authority containing such particulars as may be specified by regulations, which shall be accessible to public.
Sec 19
According to this section Digital signatures by foreign certifying authorities is not valid in the our country
Sec 20
Controller will be the custodian of all the digital signatures certificates issued under this act. He has to store and retrieve certificates and other Information in need.
Sec 28
Controller has power to investigate in any person and things go opposite to the act. He can inspect records of company and seize.
Sec 28
If the controller is under the doubt and have suspect, he can check the computer system, computer networks, data, apparatus and other material connected to the computer system.
Duties of subscriber
[Sec 40]
Subscriber should generate key pair, private key and public key.
Subscriber should hold the private key
Subscriber should take care about the private key which he holds
Private Key hold with him should have relationship with the public key affix in the digital signature certificate.
Subscriber only should affix the digital signature
[Sec 43]
Any person without the permission of the owner should not do the following activities
(a) Should access the computer system or computer network.
(b) Should not download the data or make copies of it.
(c) Should not introduce virus in to the computer system
(d) Should damage the computer system or network or nay computer program.
(e) Should not cause disruption to computer system or its network.
(f) hacking
(g) Should not help/ assist any person to affect the computer system or computer networks.
(h) Should not manipulate the computer system or computer network.
Penalties
Sec 44 penalties
Any person who ever fails to provide required document by the certifying authorities, such person is liable for penalty up to 150000/-.
Any person who ever fails to provide required information by the certifying authorities, such person is liable for penalty up to 5000/-.
Any person who ever fails to maintain records and account books, such person is liable for penalty up to 10000/-.
[Sec45] Any person who disobey or be oppose to this law or act shall be liable for penalty of 25000/-.
Adjudication officer
[Sec 46]
Deals with appointment of adjudication officer by central government, who have experience in field of information technology, for the purpose of holding enquiry on the matters like violation of rules of the act, etc. he can impose penalty or award compensation.
Cyber regulation appellate tribunal
[Sec48]
Deals with the establishment of cyber regulation appellate tribunal for the purpose of supervising the adjudicating officer
[Sec 49]
Appellate tribunal consists of one presiding officer who is having technical knowledge and legal back ground
[Sec 50]
Presiding officer should have certain qualification like
Qualified to be the high court judge
Or has been member of Indian legal services hold post in grade 1 for at least 3 years.
[Sec 51]
Presiding officer term of office is 5 years or until he attains age of 65 years. Whichever is earlier.
Sec 56
There shall be necessary employees in cyber appellate tribunal appoint by the central government.
[Sec 57]
Any person aggrieved by controller or adjudicating office can appeal to the cyber regulation appellate tribunal in reasonable time/period.
[Sec 58]
Cyber appellate tribunal shall have certain power like
Summoning the person
Examining the witness
Receiving the evidence
Examining the documents and the electronic records, etc.
[Sec 62] appeal to high court
Any person aggrieved with cyber appellate tribunal can appeal to the high court with in sixty days or in case of delay, by showing sufficient case.
Offences like hacking, publish prone or immoral websites
[Sec 65]
Any person intentionally destroys or disturbs the computer source code (computer program), computer system computer network and unethical hacking of computer.
Shall be punishable up to 3 years of imprisonment.
Or fine up to 2 lakhs
Or with both
[Sec 65]
Any person who ever publishing prone websites in photos format or in text format or immoral websites , shall be liable for punishment of 5 years of imprisonment and with fine of 1 lakh rupees. If it is repeated for second time punishment 10 years of imprisonment and fine with 2 lakhs rupees.
[Secs 73, 74, 75]
Any person illegally creates, publish or misuse digital signature certificate, shall be punished with 2 years of imprisonment or with fine of 1 lakh, or both.
Power police office and officer and other officer
[Sec 80]
Police officer above the rank of deputy superintendent of police has power to search suspicious places. And can arrest suspected persons.