>So the draft-ietf-uta-tls-bcp-08 section 4.1 first MUST NOT would in my
>view be better as SHOULD NOT, with a rationale acknowledging those cases
>where you don't want or can't have confidentiality.

No, the fact that there are places where you can't/won't do data privacy should 
not weaken the case that doing this is, in fact, a best practice.

Not everyone and everything can do best practices.  If they could, they would 
be common, not best.

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