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[CAcert-Policy] Propose Study Group for legal issues


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  • From: LDSTech <tech AT litigationdataservices.com>
  • To: cacert-policy AT lists.cacert.org
  • Subject: [CAcert-Policy] Propose Study Group for legal issues
  • Date: Sun, 22 May 2005 17:33:27 -0400
  • List-archive: <http://lists.cacert.org/cgi-bin/mailman/private/cacert-policy>
  • List-id: Policy-Discussion <cacert-policy.lists.cacert.org>

I've just joined the list, so forgive me it this has already been proposed, but I think there are several legal issues that are going to get in the way of making this fly.

First, as Peter has already pointed out, the U.S. is really a stickler about access to encryption,--or to put it more relevantly,--to anything that smells like encryption, technomlogy. This is serious business and to get American companies on board, they simply have to be able to certify that their vendors are on board. Thus, in dealing with American companies, this is a reality that has to be explored. The actually location of the founding company doesn't matter, as has already been noted. Assuring American companies that the technical service provided by CACert falls within their supplier qualifications is something the tech side has to be prepared to explain.

Second, I believe that a country-specific assurance scheme might help deal with the various distinctions between what notaries can do and how to best ensure that people are who they claim to be. Frankly, indentity-theft shouldn't be an issue if individuals are assured. This falls under the title of "due diligence." Obviously, the big companies do minimal due diligence, but that doesn't mean that CACert consumers understand that. They can hire the lawyers to withstand any onslaught that comes,--the goal is not to get sued in the first place. The way to do that is to create a clear consumer-contract with clear outcomes. Most of that is acomplished, but there are some areas where confusion is sure to come in. Outlook doesn't make it easy to accept certificates, even though it's a snap with Firefox. Education is key, but that's hard to do without a serious advertising budget.

Maybe, it would be helpful to create a To Do list of legal issues and then start to figure out how to deal with them and the timelines on a global basis??


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