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Re: about a policy to require encrypted email.
Here is a statement I would like to see become policy and law:
"A provider of communications services cannot be held liable for the
consequences of encrypted communications that pass though its system."
Here is the argument to support it. If I am a common carrier, I am
already off the liability hook by the nature of common carrier.
Suppose I am not a common carrier, for example because I provide a
value-added service such as electronic mail. Also suppose that I
can't observe the contents of traffic that flows through my system
because it is encrypted. Then I have no means to take any action
whatsoever with regard whatever consequences might occur from that
traffic. I cannot be held responsible for actions I cannot take, much
less know of the existence of.
Such a policy would give BBS operators a complete defense against
claims of liability arising from email traffic. It doesn't solve the
problem for public discussion areas, but it's a good start. It would
also drive the deployment of encryption technology.