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Re: Netscape gives in to key escrow
On Fri, 1 Dec 1995, Jonathan Zamick wrote:
> >I they tell you about it and you buy it anyway -- tough luck.
> >Same with the cars. Would *you* buy Pinto with explosives in it????
> >(leaving aside the "inherently dangerous" argument for the moment on the
> >products liability claim).
> Hmm. The key point is that almost no general users will have a clue what
> actual security is, and what GAK is. They _might_ understand the risks of
> having an explosive in their vehicle (but can just as easily argue it wasn't
> properly designed if it went off improperly.) Regardless of what they'd know
> about their vehicle, they can easily claim to had the risks associated with
> GAK improperly represented, Netscape misleading them with deceptive claims
> of security given this potential hole etc.
And thus we return to my original point, which is that it will depend on
what is said/disclosed. If every copy of GAKscape had a banner, bigger
than the Netscape "N" which said, "The government can read every message
you send using this software no matter what you do" then I think
consumers will be hard pressed to say they weren't warned.
> I'm not saying whether or not this is the case, but we are very much in a
> legal period where individuals are in fact expected not to need common sense,
> and corporations are responsible for cleaning up after consumer stupidity.
> It is certainly true that given the general state of education regarding
> crypto, the average consumer can easily say that regardless of warnings about
> GAK, that they weren't properly informed of the risk. With all the hype
> around security, Netscape and encryption people will be under the
> impression regardless
> of one little disclaimer tag, that their information is safe. Neither
> government nor corporations will disabuse them of this belief. The case
> would be strong against them as a consumer.
I disagree. Almost nobody read the fine print on the back of a note you
sign when you buy a car or otherwise take out a loan, but the provisions
are generally enforceable ... Ignorance is not necessarily an excuse.
> ..Jonathan Zamick Consensus Development Corporation..
Not a lawyer on the Net, although I play one in real life.
Flame away! I get treated worse in person every day!!