Noted cyber law expert Pavan Duggal says traditional wedding ceremonies can be performed electronically, but the actual "contract" - if a marriage be treated as one - and the electronic filing of marriage applications can be legal only after the system of digital signatures comes into place.

Electronic documents will be acceptable modes by which evidence can be tendered in a court of law. Which means copies of an "e-mail," a "text file," a "Web page," an "audio clipping" or a "video clipping" can be produced by lawyers to make a case for their clients. In authenticatingany such document, "digital signature certificates" may be produced or an independent person may be asked to apply a "public key" to verify whether the document can be ascribed to him. Parties in a divorce case may produce copies of e-mail as evidence.

Similarly, a "Stop Payment Instruction" or a "Modification of Contract" sent over e-mail may be frequently introduced in any civil or criminal courts as key evidence. The government has already appointed a controller, who will set in motion the authorization of certifying bodies to assign digital signatures to the public.

Digital signatures are a set of public or private keys that will replace the traditional handwritten signature, in order to authorize online transactions. Few may have realized that official documents such as court summons by fax were illegal till today. The IT Act, which will place India among the dozen such countries who have a comprehensive IT law, will legalize electronic exchanges and recognize online tenders, forms, applications et al. A person will also be legally entitled to information in the electronic format. Corporate personnel not comfortable handling the private keys to their digital certificates may as well keep away from digital signing.

If need be, they can send a conventional written authentication to the designated "e-transactions controller" who in turn would affix his digital signature before the electronic version of the document is sent out to a recipient. Corporate bodies have to be very careful while writing e-mails, whether outside the company or within, as those e-mails could become the basis of litigation. At the same time, according to Duggal, the electronic filing of records and the retention of information in the electronic format would help save costs, time and manpower. Experts further point out that since the new regime provides a framework for complaints of hacking, illegal change of data and publishing of obscene electronic data, it would ensure more security for electronic commerce and e-business.

India Abroad News Service