13.1.3 (DEFINITIONS)

Section 2 defines the various expressions occurring in the Act. These are given below.

            (a) “access” with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network.

            (b) "addressee" means a person who is intended by the originator to receive the electronic record but does not include any intermediary.

            (c) "adjudicating officer" means adjudicating officer appointed under s. 46 (1).

            (d) "affixing digital signature" with its grammatical variations and cognate expressions means adoption of any methodology or procedure by a

Person for the purpose of authenticating an electronic record by means of digital

signature.

            (e) "appropriate government" means as respects any matter –

                        (i) enumerated in List II of the seventh schedule to the Constitution;

                        (ii) relating to any State law enacted under List III of the Seventh   Schedule to the Constitution;

            (iii) the state Government and in any other case, the Central Government.

            (f) "asymmetric crypto system" means a system of a secure key pair  consisting of a private key for creating a digital signature and a public key to verify the digital signature.

            (g) "Certifying Authority", means a person who has been granted a licence to

issue a Digital Signature Certificate under s. 24.

            (h) " certification practice statement" means a statement issued by a Certifying Authority to specify the practices that the Certifying Authority employs in issuing Digital Signature Certificates,

            (j) “computer” means any electronic magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, proceedings, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network.

            (I) "computer network" means the interconnection of one or more computers through-

            (i) the use of satellite, microwave, terrestrial line or other communication media; and

            (ii) terminals or a complex consisting of two or more interconnected  computers whether or not the interconnection is continuously maintained.

            (k) "computer resource" means computer, computer system, computer network, data, computer database or software.

            (l) “computer system” 'means a device including input and output support devices and excluding t programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data, and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions.

            (m) “Controller” means the Controller of Certifying Authorities appointed under s.77(1).

            (n) "Cyber Appellate Tribunal" means the Cyber Regulations Appellate Tribunal established under s. 48.

            (o) “data” means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts, magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer.

            (p) "digital signature" means authentication of any electronic record by a

subscriber by means of an electronic method or procedure in accordance with the

provision of s. 3.

            (q) "Digital Signature Certificate" means a Digital Signature Certificate issued under s. 35(4)

            (r) "electronic form" with reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory

or similar device.

            (s) "electronic record" means data, record or data generated image or sound

stored, received or sent in an electronic form.

            (t) "function" in relation to a computer, includes logic, control, arithmetical

process, deletion, storage and retrieval and communication or telecommunication

from or within a computer;

            (u) "information" includes data, text, images, sound, codes computer programmes, software and databases.

            (v) "intermediary" with respect to any particular electronic message means any person who on behalf of another person receives, stores or transmits that message

or provides any service with respect to that message.

            (w) "key pair" in an asymmetric crypto system, means a private key and its

mathematically related public key, which are so related that the public key can

verify a digital signature created by the private key,

            (x) "law" includes any Act of Parliament or of a State Legislature, Ordinances

promulgated by the President or a Governor, as the case may be, Regulations

made by the President under article 240, Bills enacted as President's Act under

sub-clause (a) of clause (1) of article 357 of the Constitution and includes rules,

regulations, bye-laws and order's issued or made thereunder.

            (y) "licence" means a licence granted to a Certifying Authority under s. 24.

            (z) "originator" means a person who sends, generates, store or transmits any

electronic message or causes any electronic message to be sent, generated, stored

or transmitted to any other person but does not include an intermediary.

            (za) "prescribed" means prescribed by rules made under this Act;

            (zb) "private key" means the key of a used pair used to create a digital signature.

            (zc) "public key" means the key of a key pair used to verify digital signature and listed in the Digital Signature Certificate.

            (zd) "secure system" means computer hardware, software and procedure that-

                        (a) are reasonably secure from intrusion and misuse;

                        (b) provide a reasonable level of reliability and correct operation;

                        (c) are reasonably suited to performing the intended functions; and

                        (d) adhere to generally accepted security procedures.

            (ze) " security procedure" means the security procedure prescribed under s . 1,6by the Central Government.

            (zf) "subscriber” means a person in whose name the Digital Signature Certificate is issued.

            (zg) "Verify" in relation to a digital signature, electronic record or public key, with its grammatical variations and cognate expressions means to determine whether-

                        (a) the initial electronic record was affixed with the digital signature by the use of private key corresponding to the public key of the subscriber;

                        (b) the initial electronic record is retained intact or has been altered  since such electronic record was so affixed with the digital signature.