Digital Signature as Cyber Crime

Signature is a symbolic and unique representation of one’s identity. A person holds his own place when
having significant signature in the field of law as well as carrying out transactions. When there is a
signature below a document it symbolizes that the person whose signature is below has been thorough
with the document and is aware of what facts and contents in the document and is complying with the
provisions in the document. As we proceeded to digitization now the signatures are electronic as well as
digital and these both are different concepts. Electronic signatures are easy to use and customers sign
documents online with click of a mouse. As convenient as it sounds they don’t have the secure coding
that digital signature have. Digital signature on the other hand gives more security as it links a
fingerprint to your identity. India has an Act passed as Information Technology, 2000 which covers
Digital Signature and gives the users freedom to use it just as a traditional signature. The function of
Digital Signature is on the system of cryptography which needs two different keys one which is secret
and one which is public but, these two are mathematically connected. One key encrypts the plain text
and the other decrypts the cipher text. One of the key is public and other is private and neither of the
key can perform both functions.

Creation of Digital Signature

Digital Signature is not a simple image but a block of data at the end of electronic message
which is attested as a symbol of authenticity to the particular message? The process is a two
way which has a sender or creator of the digital signature and a recipient who acts as verifier of
the digital signature. The accepting is considered as verified authentication only when the
receipt can successfully verify the signature. In order to create a digital signature, an email or
signing software creates a one-way hash of electronic data to be signed. The private key is used
to encrypt the hash and the encrypted hash along with other information such as the hashing
algorithm is the digital signature. The reason behind encryption is that a hash function can
convert an arbitrary input into a fixed length value which is much shorter than the entire
message. Now, it saves time as hashing is faster than signing. The value of hash is unique and
even a slight change in the data provided results into completely different value. This attribute
enables others to validate the integrity of the data by using the signer’s public key to decrypt the hash.
Like mentioned before, verifying the digital signature is essential and it can be stated valid only by the
recipient. Although, if there is a difference between two registered messages digests the signature is not
valid. Thus, if decrypted hash matches a second computed hash of same data it explains that the data
hasn’t changed since it was signed.
Case Laws related to Digital Signatures
Berkson vs Gogo
It is a case from 2015 in Eastern District of New York. The supplier was blamed in legal claim for
tricking clients into subscribing into a month to month Wi-Fi service without any insight. The
offended parties said they were tricked and made to believe that it was really a membership
agreement it was a long case and after investigation there were countless revelations which
showed manner in which terms are unveiled to shoppers on electronic stages. The court
concluded that an electronically displayed understanding is enforceable 1.) the site exhibiting
the understanding gives a sensibly reasonable client, on request, a notice of the particulars of
the agreement, 2) the client is energized by the structure and substance of the page to inspect
the terms through a hyperlink and 3) the hyperlink to the understanding is put where the client
is probably going to see it.

Adams vs. Quicksilver

This case was in California, 2010 where the offended party in a business question tested the
legitimacy of her electronic mark. The agreement had been sent to her by means of hyperlink in
an email at the time she was enlisted and no secret or other was required. There were two
spots one where she needed to sign her name and other towards the part of arrangement.

Lorraine vs. Markel

This case is from 2007, both the parties gathered in a protection debate appended messaged as
presentations for rundown judgment but neither ended up giving validation of the records
themselves that was expected to concede into evidence. The court’s nitty-gritty assessment
secured how to get data conceded into proof. There are 14 who decides that influence
tolerability. This conclusion strolls through every one of the perspectives and discloses how it
applies to electronic proof. It’s still viewed as a fundamental case around there.”

Offences related to Digital/Electronic Signature

The offences are generally identity theft, publication of false electronic signature certificates
with fraudulent purpose or by itself. Section 66C of the Information Technology Act, 2000
punishes for identity theft. The Act punishes fraudulent use of electronic signature of any other
person and the punishment is 3 years and will also liable to pay fines which may extend up to
one lakh. Misrepresentation of material fact is also an offence which takes place in order to
obtain license or electronic signature under Section 71 of the Act. This section applies if a
person makes misrepresentation to Certifying authority or If suppresses a material fact from
the Controller or Certifying Authority.
Publication of false electronic signature is an offense under section 73 of the Act. The following
shall amount to publication of false particulars in an electronic certificate, which the certifying
authority has not issued, or, Publication of Electronic signature certificate which subscriber of
the certificate has not accepted or, Publication of Electronic signature certificate which is
revoked or suspended.

Also, Section 74 of the Act punishes creation, publication or providing of electronic signature
certificate for fraudulent or unlawful purpose with imprisonment for a term which may extend
up to two years or a fine which may extend up to one lakh.

Conclusion
The digital signature has been a significant tool provided with the advancement of technology.
The use of digital signature has widely increased than the mainstream handwritten signature
and it needs to be protected. There are provisions which need to carefully assess and use under
which cyber crime related to digital signature can be tackled. It calls for cooperation between
people of different professional backgrounds and area of expertise.

Akshita Bhaskar

References
 https://www.signix.com/blog/difference-between-electronic-and-digital-signature
 https://ilsijlm.indianlegalsolution.com/a-critical-study-on-digital-signature-and-its-security-in-
india-rohith-r-ragavee-u/
 http://www.legalservicesindia.com/article/1827/Electronic-Signature:-Legal-and-Technical-
aspect.html