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Section 67

In adjudicating a dispute involving a digital signature, a court shall presume—

of Digital Signature Act 1997

ActIn forceProvision 62 of 88
Section 67

(a)

that a certificate digitally signed by a licensed certification authority and—

(i)

published in a recognized repository; or

(ii)

made available by the issuing licensed certification authority or by the subscriber listed in the certificate, is issued by the licensed certification authority which digitally signed it and is accepted by the subscriber listed in it;

(b)

that the information listed in a valid certificate and confirmed by a licensed certification authority issuing the certificate is accurate;

(c)

that where a digital signature is verified by the public key listed in a valid certificate issued by a licensed certification authority—

(i)

that digital signature is the digital signature of the subscriber listed in that certificate;

(ii)

that digital signature was affixed by that subscriber with the intention of signing the message; and

(iii)

the recipient of that digital signature has no knowledge or notice that the signer—

(A)

has breached a duty as a subscriber; or

(B)

does not rightfully hold the private key used to affix the digital signature; and

(d)

that a digital signature was created before it was time-stamped by a recognized date/time stamp service utilizing a trustworthy system.