Information Technology Act 2008 History Features Digital Signature Electronic Signature Legal framework

2. History
 In 1996, the United Nations Commission on
International Trade Law (UNCITRAL) adopted the
model law on electronic commerce (e-commerce) to
bring uniformity in the law in different countries.
 Further, the General Assembly of the United Nations
recommended that all countries must consider this
model law before making changes to their own laws.
India became the 12th country to enable cyber law
after it passed the Information Technology Act, 2000.

3. Objective
 The Information Technology Act, 2000 provides legal
recognition to the transaction done via an electronic
exchange of data and other electronic means of
communication or electronic commerce transactions.
 This also involves the use of alternatives to a paper-
based method of communication and information
storage to facilitate the electronic filing of documents
with the Government agencies.

4. Objectives…..
 Grant legal recognition to all transactions done via an
electronic exchange of data or other electronic means of
communication or e-commerce, in place of the earlier paper-
based method of communication.
 Give legal recognition to digital signatures for the
authentication of any information or matters requiring legal
authentication
 Facilitate the electronic filing of documents with Government
agencies and also departments
 Facilitate the electronic storage of data
 Give legal sanction and also facilitate the electronic transfer of
funds between banks and financial institutions
 Grant legal recognition to bankers under the Evidence Act,
1891 and the Reserve Bank of India Act, 1934, for keeping the
books of accounts in electronic form.

5. Features
 All electronic contracts made through secure electronic
channels are legally valid.
 Legal recognition for digital signatures.
 Security measures for electronic records and also digital
signatures are in place
 A procedure for the appointment of adjudicating officers for
holding inquiries under the Act is finalized.
 Provision for establishing a Cyber Regulatory Appellant
Tribunal under the Act. Further, this tribunal will handle all
appeals made against the order of the Controller or
Adjudicating Officer.

6. Features
 An appeal against the order of the Cyber Appellant Tribunal is
possible only in the High Court
 Digital Signatures will use an asymmetric cryptosystem and also a
hash function
 Provision for the appointment of the Controller of Certifying
Authorities (CCA) to license and regulate the working of Certifying
Authorities. The Controller to act as a repository of all digital
signatures.
 The Act applies to offenses or contraventions committed outside
India
 Senior police officers and other officers can enter any public place
and search and arrest without warrant
 Provisions for the constitution of a Cyber Regulations Advisory
Committee to advise the Central Government and Controller.

7. LEGAL RECOGNITION OF ELECTRONIC
RECORDS
 Recognition of electronic records
 Digital Signature
 Use of Digital Signature
 Electronic Signature
 Electronic Governance
 Attribution, Acknowledgement and Dispatch of
Electronic Records
 Secure Electronic Records and Secure Electronic
Signatures

8. Recognition of electronic records
 The Information Technology Act, 2000 also aims to
provide the legal framework under which legal
sanctity is accorded to all electronic records and other
activities carried out by electronic Information
Systems Control and Audit means.
 The Act states that unless otherwise agreed, an
acceptance of contract may be expressed by electronic
means of communication and the same shall have
legal validity and enforceability.

9. Digital Signature (Amended Vide
ITAA 2008):
 Section 3 gives legal recognition to electronic records
and digital signatures

10. Use of Digital Signature
 For sending and receiving digitally signed and
encrypted emails.
 For carrying out secure web-based transactions.
 For Signing Documents like MS-Word, MS-Excel and
PDF’s.

11. Electronic Signature
 Electronic signature has also been dealt with under
Section 3A of the IT Act, 2008.
 A subscriber can authenticate any electronic record by
such electronic signature or electronic authentication
technique which is considered reliable and may be
specified in the Second Schedule.
 An Amendment to the IT Act in 2008 introduced the term
electronic signatures.

12. Electronic Governance
 E-governance or Electronic Governance is dealt with under Sections 4
to 10A of the IT Act, 2000.
 It provides for legal recognition of electronic records and signature and
also provides for legal recognition of contracts formed through
electronic means. Like filling of Forms etc.
 Section 4 provides for “legal recognition of electronic records”
 Section 5 provides for legal recognition of Digital Signatures
 Section 6 lays down the foundation of Electronic Governance
 Section 7 provides that the documents, records or information
which is to be retained
 Section 8 provides for the publication of rules, regulations and
notifications in the Electronic Gazette.
 section 9 of the Act provides that the conditions stipulated in
sections 6, 7 and 8 shall not confer any right to insist that the
document should be accepted in an electronic form by any Ministry
or department of the Central Government or the State Government.

13. Attribution, Acknowledgement
and Dispatch of Electronic Records
 ‘Attribution’ means ‘to consider it to be written or
made by someone’. Hence, section 11 lays down how an
electronic record is to be attributed to the person who
originated it.
 Section12 provides for the manner in which
acknowledgement of receipt of an electronic record by
various modes shall be made.
 Section 13 of the act provides for the manner in which
the time and place of dispatch and receipt of electronic
record sent by the originator shall be identified.

14. Secure Electronic Records and
Secure Electronic Signatures
 Section 14 provides where any security procedure has
been applied to an electronic record at a specific point
of time, then such record shall be deemed to be a
secure electronic record from such point of time to the
time of verification.
 Section 15 provides for the security procedure to be
applied to Digital Signatures for being treated as a
secure digital signature.
 Section 16 provides for the power of the Central
Government to prescribe the security procedure in
respect of secure electronic records and secure digital
signatures.

15. Thanking You….
Mohit Goswami