Frederick Roeber wrote:

>>I'm of the opinion that encryption and signing should be turned on 
>>by default
>>
> 
> Turning on signing by default might be dangerous, not everybody is
> comfortable with a Legally Binding Signature on every random note they
> send.  (Plausible deniability can be a good thing!)


  According to our lawyers, you own your words and your actions 
regardless of the presence or absence of a digital signature.  Adding a 
digital signature merely reduces the wiggle room you have to deny you 
sent the note.  We were told about examples in US caselaw where 
defendants claimed a contract was non-binding because they did not 
actually sign their name on the contract.  The courts held that the 
defendant did indeed enter into the contract despite the lack of a 
signature.  In one case, the defendant had faxed a blank page to the 
plaintiff with the words "I agree"; no signature, no date, no reference 
to the contract in question.

In other words, you're responsible for your words and actions today, 
even without a digital signature.

Of course, if you're the victim of a large multi-national conspiracy 
like Fred is, there is little hope anyway.  ;-)


 
> I'd like encryption on by default, though.  We have got to stop all this
> mail being sent around in plaintext.


Agreed.  I'd like to see lots of people turn on the "Encrypt if 
possible" option.  If we can make S/MIME discoverable, simple, cool, and 
viral, we'll be on our way to achieving your goal.

-Bob

 


-- 
Bob Lord
Director, Security Engineering
Netscape Communications Corp.
http://www.mozilla.org/projects/security/pki/


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