CERTIFYING AUTHORITY IN CYBER LAW (PART 1)

A Certificate Authority (or Certification Authority) is an entity that issues digital certificates that contain a public key and therefore the identity of the owner. The private key’s not made available to the general public generally but kept

secret by the end-user who generates the key pair. Further, the certificate is also working as a confirmation or validation by the Certificate Authority that the general public key in the given certificate belongs to the person, organization, server or other entity noted under the certificate.

[Public Key Infrastructure: Public Key Infrastructure (PKI) is a technology for authenticating users and devices within the digital world. The essential idea is to possess one or more trusted parties digitally sign documents certifying that a selected cryptographic key belongs to a selected user or device.]

Regulation of Certifying Authority

To regulate the Certifying Authorities the Central Government appoints a Controller of Certifying Authorities to license and regulate the working of Certifying Authorities and also ensures that no any provision of the Act is violated.

• Section 17 deals with the ‘Appointment of Controller and other officers’. It provides that, the Central government appoint a Controller of Certifying Authorities, by a notification in the Official Gazette and by the same Gazette an appoint Deputy Controllers, Assistant Controllers, other officers and employees. It further provides that the Controller shall discharge his functions under the control and directions of the Central Government and therefore the Deputy

Controllers and Assistant Controllers shall perform the functions assigned to them by the Controller under the overall superintendence and control of the Controller.

The qualifications, experience and terms and conditions of service of Controller, Deputy Controllers, Assistant Controllers, other officers and employees and the Head Office and Branch Office of the office of the Controller, is prescribed by the Central Government. The Office of the Controller has a seal.

• Section 18 Deals with the ‘Functions of Controller’ and provides that Controller of Certifying Authorities has following functions:

a) exercising supervision over the activities of the Certifying Authorities;

b) certifying public keys of the Certifying Authorities;

c) laying down the standards to be maintained by the Certifying Authorities;

d) specifying the qualifications and knowledge which employees of the Certifying Authority should possess;

e) specifying the conditions subject to which the Certifying Authorities shall conduct their business;

f) specifying the contents of written, printed or visual materials and advertisements which will be distributed or utilized in respect of a electronic signature Certificate and therefore the public key;

g) specifying the shape and content of a electronic signature Certificate and therefore the key;

h) specifying the shape and manner during which accounts shall be maintained by the Certifying Authorities;

i) specifying the terms and conditions subject to which auditors could also be appointed and therefore the remuneration to be paid to them;

j) facilitating the establishment of any electronic system by a Certifying Authority either solely or jointly with other Certifying Authorities and regulation of such systems;

k) specifying the way during which the Certifying Authorities shall conduct their dealings with the subscribers;

l) resolving any conflict of interests between the Certifying Authorities and therefore the subscribers;

m) laying down the duties of the Certifying Authorities;

n) maintaining a knowledge base containing the disclosure record of each Certifying Authority containing such particulars as could also be specified by regulations, which shall be accessible to public.

• Section 21 deals with issuing of license to issue Electronic Signature Certificates, it provides that any person may make application to the Controller for a license to issue electronic certificate.

• Section 22 deals with ‘Application for license’ and provides that the application should be in the form as prescribed by the Central Government. It further provides that, every application shall be accompanied with the

following:

a) a certification practice statement;

b) a press release including the procedures with reference to identification of the applicant;

c) payment of such fees, not exceeding twenty-five thousand rupees as could also be prescribed by the Central Government;

d) such other documents, as could also be prescribed by the Central Government.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

You may also like to read:

Search and Seizure in Cyber Crime Cases

Data Privacy Law

Cyber Crime During Pandemic

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