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Cyber Law Guru is meant for education of Netizens and answering all questions on Cyber Law. The answers are based on the best available resources and provided for academic purpose. They are not meant to be legal advise.


Sl No Q/A

 FAQ-6 (Electronic Signature)

1

Question What is an Electronic Signature?..
  Answer

Electronic Signature is a term introduced in ITA 2008 (amended version of ITA 2000 after the amendments of Information Technology Amendment Act  2008) as a method of authentication of electronic documents and includes the "Digital Signature" as defined under Section 3 of ITA 2000.

2 Question How is Electronic Signature different from Digital Signature?
  Answer

Digital Signature was defined as a method of authentication using "Hashing Algorithm" and "Asymmetric Crypto System". Electronic Signature is considered "Technology Neutral" since it does not restrict itself to PKI based digital signature system. But it includes digital signature system and opens doors for new technology where any electronic document can be linked to the authenticator and incorporates a feature that the authentication gets cancelled if the document is changed. It was introduced through Section 3A of ITA 2008.

3 Question What is e-Sign?
  Answer

e-Sign is one of the notified system of electronic signature under Section 3A of ITA 2008.  It uses an online, realtime application for digital certificate to be sent to the Certifying authority which issues a one time use digital certificate that can be used to digitally sign an electronic document. The application of the subscriber is verified for KYC using the Aadhaar eKYC system.

4 Question Where is the Private Key of an e-Sign?
  Answer

Private Key of the e-Sign was originally indicated as to be created in a hardware security module (HSM) of the Certifying Authority. This was however not in complete agreement with the law and hence was removed by an amendment. It is not clear however whether the systems being used now continue to use the online HSM for generating and storing the private key. It is any way programmed to be destroyed after 30 minutes. Hence it is used only once and destroyed soon after.

5 Question How long is an e-Sign valid?
  Answer 30 minutes or for single use whichever is earlier
6 Question Can we verify e-Sign validity?
  Answer

Digital Certificate of an e-Sign shows as "Expired" immediately after it is used once. Hence if the recipient of an e-signed document tries to verify the signature, he may get a notification that the signature certificate is expired.

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To Be Continued..

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