On Tue, 2006-02-28 at 09:41 -0500, Dominic Lachowicz wrote:
On 2/28/06, Owen Taylor [EMAIL PROTECTED] wrote:
I'm not sure that going over https would make it any more legally
binding...
If I said https, then I'd agree with you, but I didn't. I said
secure, but perhaps that was the wrong word. The semantic I'm
looking for is there is some way to verify that the submitter is who
she says she is, in a legally binding sense. You know, more than just
an accept button and some text fields that anyone can fill in with any
values they like.
Signatures are pretty funny things ... for a very large number of
real-world important things, I can fax a signed document; presumably
given an example of someone's signature it's not hard to create a
very convincing looking fax with that signature.
So, most of the time, a signature is, as far as I can tell, really
an expression of intent on the part of the signer rather than a
security mechanism.
The sign by retyping your name in slashes thing on that web page,
as corny as it may seem, is actually the recommendation of our
lawyers. And while, as a computer person, I had trouble implementing
that form with a straight face, I'm not sure that, say, a PGP signature
of the submitter would have any more security validity... not even to
discuss what courts would consider legally binding.
PGP signatures have a bad problem with repudiation ... at any point
I can claim that I accidentally revealed my private key two
years ago, and that the signature could have been forged.
To really get something secure, you need something equivalent to
notarization or a signature guarantee where a trusted third party
confirms your identity and countersigns the document. (And to
fix the repudiation problem, that identity confirmation can't be
automated by way of a PGP key.)
If you think about from a different angle, what's the damage someone
could do by submitting a forged form? If the user groups claims that
they never signed the document, and thus aren't bound by the terms of
the agreement, then they don't have the accompanying rights to use the
trademark...
So, in other words, while I intentionally said https instead of
echoing your secure web app, my general feeling is that this isn't
something that is really a matter of technology.
Regards,
Owen
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