THE GAZETTE OF INDIA EXTRAORDINARY
Sec. 1]
3
(C) in clause (n), the word “Regulations” shall be omitted;
(D) after clause (n), the following clauses shall be inserted, namely:-—
‘(na) “cyber cafe” means any facility from where access to the internet is
offered by any person in the ordinary course of business to the members of the
public;
(nb) “cyber security” means protecting information, equipment, devices,
computer, computer resource, communication device and information stored
therein from unauthorised access, use, disclosure, disruption, modification or
destruction;’,
(B) after clause (#), the following clauses shall be inserted, namely:—
‘(ta) “electronic signature” means authentication of any electronic record
by a subscriber by means of the electronic technique specified in the Second
Schedule and includes digital signature;
(16) “Electronic Signature Certificate” means an Electronic Signature
Certificate issued under section 35 and includes Digital Signature Certificate;’;
(F) after clause (u), the following clause shall be inserted, namely:—
‘(wa) “Indian Computer Emergency Response Team” means an agency
established under sub-section (/) of section 70B;";
(G) in clause (v), for the words “data, text”, the words “data, message, text” shall
be substituted;
(A) for clause (w), the following clause shall be substituted, namely:—
“(w) “intermediary”, with respect to any particular electronic records, means
any person who on behalf of another person receives, stores or transmits that
record or provides any service with respect to that record and includes telecom
service providers, network service providers, internet service providers, webhosting service providers, search engines, online payment sites, online-auction
sites, online-market places and cyber cafes;’.
5. In Chapter II of the principal Act, for the heading, the heading “Diarra SIGNATURE
AND ELECTRONIC SIGNATURE” shall be substituted.
6. After section 3 of the principal Act, the following section shall be inserted,
namely:—
“3A. (7) Notwithstanding anything contained in section 3, but subject to the
provisions of sub-section (2), a subscriber may authenticate any electronic record by
such electronic signature or electronic authentication technique which—
(a) is considered reliable; and
(b) may be specified in the Second Schedule.
(2) For the purposes of this section any electronic signature or electronic
authentication technique shall be considered reliable if—
(a) the signature creation data or the authentication data are, within the
in which theytare used, linked to the signatory or, as the case may be, the
contex
authenticator and to no other person;
(b) the signature creation data or the authentication data were, at the time
of signing, under the control of the signatory or, as the case may be, the
authenticator and of no other person;
(©) any alteration to the electronic signature made after affixing such
signature is detectable;
@ any alteration to the information made after its authentication by |
electronic signature is detectable; and
(e) it fulfils such other conditions which may be prescribed.
Amendment of
heading
of
Chapter II.
Insertion of
new
3A.
section
Electronic
signature.